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Criminal Code

s. 403 Identity Fraud

Identity fraud

  • Theft, Fraud & Property
  • Theft & Fraud
Maximum sentence
10 years (indictable) / summary conviction
Classification
Hybrid

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 403
Verify on justice.gc.ca(opens in a new tab)
  • (1)Everyone commits an offence who fraudulently personates another person, living or dead, (a) with intent to gain advantage for themselves or another person;
  • (b)with intent to obtain any property or an interest in any property;
  • (c)with intent to cause disadvantage to the person being personated or another person; or
  • (d)with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.
  • (2)For the purposes of subsection (1), personating a person includes pretending to be the person or using the person’s identity information — whether by itself or in combination with identity information pertaining to any person — as if it pertains to the person using it.
  • (3)Everyone who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
  • (b)is guilty of an offence punishable on summary conviction.
Amendment History (3)
  • R.S., 1985, c. C-46, s. 403
  • 1994, c. 44, s. 27
  • 2009, c. 28, s. 10

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

Identity fraud, also called fraudulent personation, means pretending to be another person. It is hybrid, with a top sentence of 10 years on indictment, and IRPA s.36(3)(a) treats it as indictable. The 10-year maximum reaches serious criminality under s.36(1)(a). Officers weigh fraud and false identity crimes heavily when they judge character. These crimes also link to misrepresentation under s.40, the ground for false or missing facts in an application.

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved

Guides on offences like this one

No guide cites this section directly. These guides cite related offences.