This Web page has been archived on the Web.

An Act to amend the Criminal Code (identity theft and related misconduct) (S.C. 2009, c. 28)

Assented to 2009-10-22

An Act to amend the Criminal Code (identity theft and related misconduct)

S.C. 2009, c. 28

Assented to 2009-10-22

An Act to amend the Criminal Code (identity theft and related misconduct)

SUMMARY

This enactment amends the Criminal Code to create offences of identity theft, trafficking in identity information and unlawful possession or trafficking in certain government-issued identity documents, to clarify and expand certain offences related to identity theft and identity fraud, to exempt certain persons from liability for certain forgery offences, and to allow for an order that the offender make restitution to a victim of identity theft or identity fraud for the expenses associated with rehabilitating their identity.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marginal note:R.S., c. C-46

CRIMINAL CODE

1. The heading before section 57 of the Criminal Code is replaced by the following:

Official Documents

Marginal note:Identity documents

  • 56.1 (1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

  • Marginal note:For greater certainty

    (2) For greater certainty, subsection (1) does not prohibit an act that is carried out

    • (a) in good faith, in the ordinary course of the person’s business or employment or in the exercise of the duties of their office;

    • (b) for genealogical purposes;

    • (c) with the consent of the person to whom the identity document relates or of a person authorized to consent on behalf of the person to whom the document relates, or of the entity that issued the identity document; or

    • (d) for a legitimate purpose related to the administration of justice.

  • Definition of “identity document”

    (3) For the purposes of this section, “identity document” means a Social Insurance Number card, a driver’s licence, a health insurance card, a birth certificate, a death certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada, a certificate of Indian status or an employee identity card that bears the employee’s photograph and signature, or any similar document, issued or purported to be issued by a department or agency of the federal government or of a provincial or foreign government.

  • Marginal note:Punishment

    (4) Every person 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 five years; or

    • (b) is guilty of an offence punishable on summary conviction.

2. Section 130 of the Act is replaced by the following:

Marginal note:Personating peace officer

  • 130. (1) Everyone commits an offence who

    • (a) falsely represents himself to be a peace officer or a public officer; or

    • (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.

  • Marginal note:Punishment

    (2) 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 five years; or

    • (b) is guilty of an offence punishable on summary conviction.