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

Assented to 2009-10-22

 Section 369 of the Act is replaced by the following:

Marginal note:Forgery instruments

368.1 Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, or is guilty of an offence punishable on summary conviction, who, without lawful authority or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use by any person to commit forgery.

Marginal note:Public officers acting in the course of their duties or employment

368.2 No public officer, as defined in subsection 25.1(1), is guilty of an offence under any of sections 366 to 368.1 if the acts alleged to constitute the offence were committed by the public officer for the sole purpose of establishing or maintaining a covert identity for use in the course of the public officer’s duties or employment.

Marginal note:Exchequer bill paper, public seals, etc.

369. Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful authority or excuse,

  • (a) makes, uses or possesses

    • (i) any exchequer bill paper, revenue paper or paper that is used to make bank-notes, or

    • (ii) any paper that is intended to resemble paper mentioned in subparagraph (i); or

  • (b) makes, reproduces or uses a public seal of Canada or of a province, or the seal of a public body or authority in Canada or of a court of law.

Marginal note:1994, c. 44, s. 27

 Section 403 of the Act and the heading before it are replaced by the following:

Identity Theft and Identity Fraud

Definition of “identity information”

402.1 For the purposes of sections 402.2 and 403, “identity information” means any information — including biological or physiological information — of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digital signature, user name, credit card number, debit card number, financial institution account number, passport number, Social Insurance Number, health insurance number, driver’s licence number or password.

Marginal note:Identity theft
  • 402.2 (1) Everyone commits an offence who knowingly obtains or possesses another person’s identity information in circumstances giving rise to a reasonable inference that the information is intended to be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

  • Marginal note:Trafficking in identity information

    (2) Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

  • Marginal note:Clarification

    (3) For the purposes of subsections (1) and (2), an indictable offence referred to in either of those subsections includes an offence under any of the following sections:

    • (a) section 57 (forgery of or uttering forged passport);

    • (b) section 58 (fraudulent use of certificate of citizenship);

    • (c) section 130 (personating peace officer);

    • (d) section 131 (perjury);

    • (e) section 342 (theft, forgery, etc., of credit card);

    • (f) section 362 (false pretence or false statement);

    • (g) section 366 (forgery);

    • (h) section 368 (use, trafficking or possession of forged document);

    • (i) section 380 (fraud); and

    • (j) section 403 (identity fraud).

  • Marginal note:Jurisdiction

    (4) An accused who is charged with an offence under subsection (1) or (2) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody. However, no proceeding in respect of the offence shall be commenced in a province without the consent of the Attorney General of that province if the offence is alleged to have been committed outside that province.

  • Marginal note:Punishment

    (5) Everyone who commits an offence under subsection (1) or (2)

    • (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.

Marginal note:Identity fraud
  • 403. (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.

  • Marginal note:Clarification

    (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.

  • Marginal note:Punishment

    (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.

 Subsection 738(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) in the case of an offence under section 402.2 or 403, by paying to a person who, as a result of the offence, incurs expenses to re-establish their identity, including expenses to replace their identity documents and to correct their credit history and credit rating, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable.

REVIEW

Marginal note:Review

 Within five years after the day on which this Act receives royal assent, a comprehensive review of its provisions and operation shall be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

COMING INTO FORCE

Marginal note:Order in council

 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

 
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