10 years (over $5,000) / 2 years (under $5,000)
Hybrid offence. Theft over $5,000 (s.334(a)) has a 10-year maximum — serious criminality under IRPA s.36(1). Theft under $5,000 (s.334(b)) has a 2-year maximum — criminality under IRPA s.36(2). The value threshold is critical for immigration consequences.
Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it; (b) to pledge it or deposit it as security; (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.