Criminal Code ( R.S.C. , 1985, c. C-46)

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.