Bill C-27

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First Reading

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2nd Session, 39th Parliament,

56 Elizabeth II, 2007

house of commons of canada

BILL C-27

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

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-46

CRIMINAL CODE

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

Official Documents

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.

Defences

(2) No person shall be convicted of an offence under subsection (1) if the act that is alleged to constitute the offence was carried out

(a) in good faith in the ordinary course of the person’s business, employment or 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 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 or a certificate of Indian status, issued or purported to be issued by a department or agency of the federal or a provincial government, or any similar document issued or purported to be issued by a foreign government.

Punishment

(4) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years; or

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

1995, c. 5, par. 25(1)(g)

2. Subsection 57(5) of the Act is replaced by the following:

Definition of “passport”

(5) In this section, “passport” means an official Canadian document that shows the identity and nationality of a person for the purpose of facilitating travel by that person outside Canada.

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

Personating peace officer

130. (1) Everyone commits an offence who

(a) falsely represents themself 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 they are a peace officer or a public officer, as the case may be.

Punishment

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

(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years; or

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

1997, c. 18, s. 16(2)

4. The portion of subsection 342(3) of the Act before paragraph (a) is replaced by the following:

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 a personal identification number, 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

1997, c. 18, s. 17

5. Subsection 342.01(1) of the Act is replaced by the following:

Instruments for copying credit card data or forging or falsifying credit cards

342.01 (1) Every person is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 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:

Theft from mail

356. (1) Everyone commits an offence who

(a) steals

(i) any thing 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;

(b) 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 obtain access to a receptacle or device provided for the receipt of mail;

(d) fraudulently redirects, or causes the redirection of, any thing sent by post.

(2) Section 356 of the Act is amended by adding the following after subsection (2):

Punishment

(3) Everyone who commits an offence under subsection (1)

(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 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):

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 or a provincial government.

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:

Uttering, trafficking or possessing with intent 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 the document were genuine;

(b) causes or attempts to cause any person to use, deal with or act on it as if the document were genuine;

(c) transfers, sells or offers to sell it or makes it available, to any person, knowing 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).

Punishment

(1.1) Everyone who commits an offence under subsection (1)

(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 10 years; or

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

9. Section 369 of the Act is replaced by the following:

Forgery instruments

368.1 Everyone is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 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.

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.

Exchequer bill paper, public seals, etc.

369. Everyone is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 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.

1994, c. 44, s. 27

10. 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, such as 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.

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.

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 or believing 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.

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);

(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 (uttering, trafficking or possessing with intent forged document);

(i) section 380 (fraud); and

(j) section 403 (identity fraud).

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, but if the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be commenced in that place without the consent of the Attorney General of that province.

Punishment

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

(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years; or

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

Identity fraud

403. (1) Everyone commits an offence who fraudulently personates any person, living or dead,

(a) with intent to gain advantage for themself or another person;

(b) with intent to obtain any property or an interest in any property;

(d) with intent to avoid arrest or prosecution, or to obstruct, pervert or defeat the course of justice.

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.

Punishment

(3) Everyone who commits an offence under subsection (1)

(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 10 years; or

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

11. Subsection 738(1) of the Act is amended by striking out the word “and” at the end of paragraph (b), by adding the word “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 any 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 not exceeding the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable.

COORDINATING AMENDMENT

Bill C-299

12. If Bill C-299, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the Criminal Code (identification information obtained by fraud or false pretence), receives royal assent, then, on the first day on which both section 1 of that Act and section 10 of this Act are in force,

(a) subsection 362(1) of the Criminal Code is amended by adding the word “or” at the end of paragraph (c) and by repealing paragraphs (e) and (f);

(b) subsection 362(1.1) of that Act is repealed; and

COMING INTO FORCE

Order in council

13. The provisions of this Act, other than section 12, come into force on a day or days to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons

Available from:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Criminal Code

Clause 1: Existing text of the heading:

Passports

Clause 2: Existing text of subsection 57(5):

(5) In this section, “passport” means a document issued by or under the authority of the Minister of Foreign Affairs for the purpose of identifying the holder thereof.

Clause 3: Existing text of section 130:

130. Every one 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,

is guilty of an offence punishable on summary conviction.

Clause 4: Relevant portion of subsection 342(3):

(3) Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, whether or not 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

Clause 5: Existing text of subsection 342.01(1):

342.01 (1) Every person who, without lawful justification or excuse,

(a) makes or repairs,

(b) buys or sells,

(d) possesses

any instrument, device, apparatus, material or thing that the person knows has been used or knows is adapted or intended for use in forging or falsifying credit cards is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.

Clause 6: (1) Existing text of subsection 356(1):

356. (1) Every one who

(a) steals

(i) any thing sent by post, after it is deposited at a post office and before it is delivered,

(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 in the Canada Post Corporation, or

(b) has in his possession anything in respect of which he knows that an offence has been committed under paragraph (a),

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

(2) New.

Clause 7: New.

Clause 8: Existing text of subsection 368(1):

368. (1) Every one who, knowing that a document is forged,

(a) uses, deals with or acts on it, or

(b) causes or attempts to cause any person to use, deal with or act on it,

as if the document were genuine,

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

Clause 9: Existing text of section 369:

369. Every one who, without lawful authority or excuse, the proof of which lies on him,

(a) makes, uses or knowingly has in his possession

(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),

(b) makes, offers or disposes of or knowingly has in his possession any plate, die, machinery, instrument or other writing or material that is adapted and intended to be used to commit forgery, or

(c) 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,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Clause 10: Existing text of the heading and section 403:

Personation

403. Every one who fraudulently personates any person, living or dead,

(a) with intent to gain advantage for himself or another person,

(b) with intent to obtain any property or an interest in any property, or

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction.

Clause 11: Relevant portion of subsection 738(1):

738. (1) Where an offender is convicted or discharged under section 730 of an offence, the court imposing sentence on or discharging the offender may, on application of the Attorney General or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows: