An Act to amend the Criminal Code (identity theft and related misconduct) (S.C. 2009, c. 28)
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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:
R.S., c. C-46CRIMINAL 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.
3. (1) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (iii):
(iii.1) section 56.1 (identity documents),
(2) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (lvi):
(lvi.1) section 342.01 (instruments for copying credit card data or forging or falsifying credit cards),
Marginal note:2004, c. 15, s. 108
(3) Subparagraph (a)(lxvi) of the definition “offence” in section 183 of the Act is replaced by the following:
(lxvi) section 368 (use, trafficking or possession of forged document),
(lxvi.1) section 368.1 (forgery instruments),
(4) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (lxx):
(lxx.1) subsection 402.2(1) (identity theft),
(lxx.2) subsection 402.2(2) (trafficking in identity information),
(lxx.3) section 403 (identity fraud),
Marginal note:1997, c. 18, s. 16(2)
4. (1) The portion of subsection 342(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Unauthorized use of credit card data
(3) Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, including personal authentication information, whether or not the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of
(2) Subsection 342(4) of the Act is replaced by the following:
Marginal note:Definitions
(4) In this section,
“personal authentication information”
« authentifiant personnel »
“personal authentication information” means a personal identification number or any other password or information that a credit card holder creates or adopts to be used to authenticate his or her identity in relation to the credit card;
“traffic”
« trafic »
“traffic” means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way.
Marginal note:1997, c. 18, s. 17
5. Subsection 342.01(1) of the Act is replaced by the following:
Marginal note:Instruments for copying credit card data or forging or falsifying credit cards
342.01 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction, who, without lawful justification 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
(a) in the copying of credit card data for use in the commission of an offence under subsection 342(3); or
(b) in the forging or falsifying of credit cards.
6. (1) Subsection 356(1) of the Act is replaced by the following:
Marginal note:Theft from mail
356. (1) Everyone commits an offence who
(a) steals
(i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail,
(ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or
(iii) a key suited to a lock adopted for use by the Canada Post Corporation;
(a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail;
(b) has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or
(c) fraudulently redirects, or causes to be redirected, anything sent by post.
(2) Section 356 of the Act is amended by adding the following after subsection (2):
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.
7. Section 366 of the Act is amended by adding the following after subsection (4):
Marginal note:Exception
(5) No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government.
Marginal note:1992, c. 1, s. 60 (Sch. I, s. 26)(F); 1997, c. 18, s. 25
8. Subsection 368(1) of the Act is replaced by the following:
Marginal note:Use, trafficking or possession of forged document
368. (1) Everyone commits an offence who, knowing or believing that a document is forged,
(a) uses, deals with or acts on it as if it were genuine;
(b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;
(c) transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or
(d) possesses it with intent to commit an offence under any of paragraphs (a) to (c).
Marginal note:Punishment
(1.1) 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.
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