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FederalPassed40th Parliament, 2nd Session

Bill S-4 explained in plain English

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

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 2nd Session
Bill number
Bill S-4
Full title
An Act to amend the Criminal Code (identity theft and related misconduct)
Current status
Passed
Latest event
Royal assent received
Last updated
Oct 22, 2009

Official Parliament of Canada snapshot for 40th Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
Royal assent received
Latest Activity
Oct 22, 2009
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-4 amends the Criminal Code to create new offences related to identity theft, trafficking in identity information, and unlawful possession of government-issued identity documents, and to strengthen penalties for related crimes.

What It Means

This bill makes changes to Canada's Criminal Code to better protect people from identity theft and identity fraud. It creates three new crimes: obtaining or possessing someone else's identity information knowing it will be used to commit fraud (identity theft), selling or distributing someone else's identity information for fraudulent purposes (trafficking in identity information), and illegally possessing or selling government-issued identity documents like passports, driver's licences, or health cards. The bill also increases maximum jail sentences for some existing crimes like stealing mail and forging documents. It allows people who become victims of identity theft or fraud to get money from offenders to pay for fixing their credit history, replacing identity documents, and other identity restoration expenses. The bill also protects undercover police officers and others acting in good faith on official business from being charged with certain document forgery offences. A parliamentary committee must review how well this law works within five years of it coming into force.

What This Bill Does
  • Creates a new offence of unlawfully possessing, transferring, selling, or offering for sale an identity document relating to another person (section 56.1), with a maximum 5-year sentence for indictable offences
  • Clarifies and strengthens the offence of falsely representing oneself as a peace officer or public officer, now including using uniforms or equipment in a way that makes people believe someone is a peace officer (section 130), with a maximum 5-year sentence
  • Creates a new offence of obtaining or possessing another person's identity information knowing it will be used to commit fraud-based indictable offences (section 402.2(1)), with a maximum 5-year sentence
  • Creates a new offence of distributing, selling, or possessing identity information of another person knowing or being reckless about whether it will be used to commit fraud-based indictable offences (section 402.2(2)), with a maximum 5-year sentence
  • Defines 'identity information' broadly to include fingerprints, voice prints, retina or iris images, DNA profiles, names, addresses, birthdates, signatures, user names, credit card numbers, account numbers, passport numbers, Social Insurance Numbers, health insurance numbers, driver's licence numbers, and passwords (section 402.1)
  • Expands and clarifies the offence of identity fraud to include using another person's identity information alone or in combination with others' information (section 403(2))
  • Increases the maximum jail sentence for identity fraud from 10 years to life (section 403(3)) — though the text shows 10 years as the stated maximum
  • Increases the maximum jail sentence for mail theft and related offences from current levels to 10 years (section 356(3))
  • Increases the maximum jail sentence for making or possessing instruments for credit card data copying or card forging to 10 years (section 342.01)
  • Increases the maximum jail sentence for making forgery instruments to 14 years (section 368.1)
  • Adds new criminal offences to the definition of 'offence' in wiretap provisions (section 3), allowing police to apply for court authorization to wiretap communications related to identity theft crimes
  • Exempts people acting in good faith to make false documents at the request of police, the Canadian Forces, or government agencies from forgery charges (section 366(5))
  • Exempts public officers from document forgery charges if their acts were solely to establish or maintain a covert identity for official duties (section 368.2)
  • Allows courts to order offenders to pay restitution to victims of identity theft or fraud for reasonable expenses of restoring their identity, including replacing documents and fixing credit records (section 738(1)(d))
  • Requires a parliamentary committee to conduct a comprehensive review of the act's provisions and effectiveness within five years of royal assent (section 12)
Who Is Affected
  • Victims of identity theft or identity fraud, who now have the ability to seek court-ordered restitution from offenders for identity restoration expenses
  • People whose identity information is stolen, trafficked, or misused fraudulently
  • Individuals whose mail is stolen or redirected by others
  • Undercover police officers and law enforcement personnel engaged in covert operations, who are now exempted from certain forgery charges
  • Members of the Canadian Forces and federal or provincial government employees who make false documents in good faith upon official request
  • Businesses and government agencies that issue identity documents like passports, driver's licences, and health cards
  • People who possess or traffic in fraudulent government-issued identity documents
  • Credit card issuers and financial institutions affected by offences involving credit card data
  • The general public, whose risk of identity-based fraud is addressed through these new criminal provisions
  • Law enforcement agencies, who gain new tools (wiretap authority) to investigate identity-related crimes
  • The court system and prosecutors, who must adjudicate the new offences and determine restitution amounts
Rights, Duties, Or Obligations
  • It is now a criminal offence to obtain, possess, or traffic in another person's identity information knowing it will be used for fraud (section 402.2(1) and (2))
  • It is now a criminal offence to unlawfully possess, transfer, sell, or offer for sale identity documents issued by government (section 56.1)
  • Victims of identity theft or fraud have the right to seek court-ordered restitution from offenders for reasonable identity restoration expenses (section 738(1)(d))
  • Undercover police officers and public servants are protected from forgery charges when making false documents in good faith for official purposes (sections 366(5) and 368.2)
  • People engaged in genealogical research, ordinary business, or with proper consent to use identity documents are not committing offences under section 56.1(2)
  • Anyone who steals mail or redirects mail fraudulently can face up to 10 years imprisonment (section 356(3))
  • Anyone who possesses instruments designed for credit card fraud can face up to 10 years imprisonment (section 342.01)
  • Anyone who makes or possesses forgery instruments can face up to 14 years imprisonment (section 368.1)
  • Identity fraud offenders can face up to 10 years imprisonment (section 403(3))
  • Accused persons charged with identity information offences can be tried in the jurisdiction where the offence occurred or where they are found, subject to provincial Attorney General consent for out-of-province offences (section 402.2(4))
Important Dates
  • Royal assent: 22 October 2009
  • Commencement: To be fixed by order of the Governor in Council (section 13) — the bill text does not specify an exact coming-into-force date
  • Parliamentary review: Within 5 years after royal assent (by 22 October 2014), a comprehensive review of the act's provisions and effectiveness must be conducted by a designated parliamentary committee (section 12)
Enforcement Or Penalties
  • Section 56.1 (illegal possession/trafficking of identity documents): maximum 5 years imprisonment for indictable conviction, or summary conviction penalties
  • Section 130 (false representation as peace officer): maximum 5 years imprisonment for indictable conviction, or summary conviction penalties
  • Section 342.01 (credit card fraud instruments): maximum 10 years imprisonment for indictable conviction, or summary conviction penalties
  • Section 356 (mail theft): maximum 10 years imprisonment for indictable conviction, or summary conviction penalties
  • Section 368 (use of forged documents): maximum 10 years imprisonment for indictable conviction, or summary conviction penalties
  • Section 368.1 (forgery instruments): maximum 14 years imprisonment for indictable conviction, or summary conviction penalties
  • Section 402.2 (identity theft and trafficking in identity information): maximum 5 years imprisonment for indictable conviction, or summary conviction penalties
  • Section 403 (identity fraud): maximum 10 years imprisonment for indictable conviction, or summary conviction penalties
  • Section 738(1)(d) (restitution): courts may order offenders to pay victims reasonable expenses for identity restoration, including document replacement and credit repair, to the extent readily ascertainable
  • All offences can be prosecuted as either indictable (more serious, tried in superior court with longer sentences) or summary conviction (less serious, tried in provincial court with shorter sentences)
Uncertainties Or Limits
  • The bill does not specify the exact date the provisions come into force — it states they come into force 'on a day or days to be fixed by order of the Governor in Council' (section 13), meaning a separate regulatory order is needed
  • The bill does not define what constitutes 'reasonable expenses' for identity restoration restitution, leaving this to court discretion (section 738(1)(d))
  • The bill uses the phrase 'readily ascertainable' for restitution amounts but does not define this standard, leaving it open to judicial interpretation
  • The bill does not specify what factors courts should consider when determining restitution amounts or whether amounts should be capped
  • Section 402.2(4) allows trials in multiple jurisdictions but requires provincial Attorney General consent for out-of-province prosecutions — the process and criteria for obtaining this consent are not specified
  • The bill does not explain how courts will determine if someone's conduct falls within the exemptions (e.g., 'good faith,' 'legitimate purpose,' 'covert identity for official duties')
  • The bill does not specify enforcement mechanisms or how the Crown will prove the subjective elements (knowledge, recklessness) of identity theft and trafficking offences
  • The parliamentary review requirement (section 12) does not specify what types of amendments or actions should follow the review
  • The bill does not indicate whether existing identity fraud convictions would be subject to new sentencing provisions or if they apply only to new charges
Laws Or Regulations Affected
Criminal Code, section 56.1
created

New offence for unlawfully making, possessing, transferring, selling or offering for sale identity documents relating to another person. Does not apply to ordinary business activities, genealogical research, consensual use, or legitimate justice administration purposes. Maximum 5-year sentence for indictable conviction.

Criminal Code, section 130
amended

Enhanced offence of false representation as peace officer or public officer, now explicitly covering unauthorized use of uniforms or equipment likely to cause belief of police status. Maximum 5-year sentence for indictable conviction.

Criminal Code, section 183 (definition of 'offence')
amended

Added new offences to the wiretap section: identity documents (56.1), credit card data copying instruments (342.01), forged document use (368), forgery instruments (368.1), identity theft (402.2(1)), identity information trafficking (402.2(2)), and identity fraud (403). This allows police to seek court authorization for electronic surveillance of these crimes.

Criminal Code, section 342(3) and (4)
amended

Updated offence of unauthorized use of credit card data to explicitly include 'personal authentication information' (PINs, passwords, or other authentication created by cardholder). Defines 'traffic' to include selling, importing, exporting, distributing or dealing with credit cards or data.

Criminal Code, section 342.01
amended

Increased maximum jail sentence from unspecified level to 10 years for making, repairing, buying, selling, or possessing instruments designed for credit card data copying or card forging.

Criminal Code, section 356 (mail theft)
amended

Expanded offence scope and increased maximum jail sentence to 10 years for indictable conviction. Now includes stealing mail, mailbags, mail containers, postal keys, making copies of postal keys with intent to steal mail, possessing items used in mail theft, and fraudulently redirecting mail.

Criminal Code, section 366 (forgery)
amended

Added exemption: people acting in good faith who make false documents at the request of police, Canadian Forces, or government agencies are not guilty of forgery.

Criminal Code, section 368 (use of forged documents)
amended

Clarified offence and increased maximum jail sentence to 10 years for indictable conviction. Covers using, dealing with, or acting on forged documents as genuine, causing others to do so, transferring or selling forged documents, or possessing them with intent to use them fraudulently.

Criminal Code, section 368.1 (new)
created

New offence for making, repairing, buying, selling, exporting, importing, or possessing instruments, devices, or materials intended for use in committing forgery. Maximum 14-year sentence for indictable conviction.

Criminal Code, section 368.2 (new)
created

New exemption: public officers are not guilty of forgery offences (sections 366-368.1) if their acts were solely to establish or maintain a covert identity for official duties.

Criminal Code, section 402.1 (new)
created

Defines 'identity information' to include fingerprints, voice prints, retina/iris images, DNA profiles, names, addresses, birthdates, signatures, user names, financial account numbers, passport numbers, Social Insurance Numbers, health insurance numbers, driver's licence numbers, and passwords.

Criminal Code, section 402.2 (new)
created

Creates two new offences: (1) obtaining or possessing another person's identity information knowing it will be used for indictable fraud offences; (2) transmitting or selling another person's identity information knowing or being reckless about fraud-related use. Both carry maximum 5-year sentences for indictable conviction. Includes jurisdictional rules allowing prosecution where offence occurred or accused is found, subject to provincial Attorney General consent if offence committed outside province.

Criminal Code, section 403 (identity fraud)
amended

Expanded and clarified offence of fraudulently personating another person. Now explicitly includes using another person's identity information (alone or combined with others' information) as if it were one's own. Covers four intent categories: to gain advantage, obtain property, cause disadvantage, or evade justice. Maximum 10-year sentence for indictable conviction.

Criminal Code, section 738(1) (restitution)
amended

Added new restitution category: in identity theft or fraud cases, courts may order offenders to pay victims for reasonable expenses of identity restoration, including replacing identity documents and correcting credit records, if the amount is readily ascertainable.

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. If you have any questions, please contact the Library of Parliament at (613) 995-1166. On 31 March 2009, the Leader of the Government in the Senate introduced Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct), in the Senate and it was given first reading. Currently, the Criminal Code does not contain a specific identity theft offence. With the exception of some new offences dealing with computers (s. 342.1) and credit/debit cards (s. 342), most of the Code offences relating to property predate both the computer and the Internet. Bill S-4 will create several new Criminal Code offences specifically targeting those aspects of identity theft that are not already covered by existing provisions. Essentially, the bill will focus on the preparatory stages of identity theft by making it an offence to obtain, possess, transfer or sell the identity documents of another person.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Mar 31, 2009
Completed

Bill S-4, concerning identity theft, completed its first reading in the Senate on March 31, 2009, and later received Royal Assent on October 22, 2009.

Introduction and first reading, Mar 31, 2009
End of stage activity, Mar 31, 2009
Chamber sittings
Introduction and first reading - Mar 31, 2009

On March 31, 2009, Bill S-4, an Act to amend the Criminal Code (identity theft and related misconduct), was introduced and received first reading in the Senate.

Step 2
Second reading
May 5, 2009
Completed

This record documents the completion of the Senate's second reading stage for Bill S-4 concerning identity theft, which later received Royal Assent.

Second reading, May 5, 2009
Referral to committee, May 5, 2009
End of stage activity, May 5, 2009
Chamber sittings
Debate at second reading - Apr 2, 2009

During a Senate sitting on April 2, 2009, various statements were made, committee reports presented, and questions debated, with specific attention given to the second reading debate of Bill S-4, which aims to amend the Criminal Code regarding identity theft.

Senator Wallace introduced Bill S-4, aiming to create new criminal offences for the initial stages of identity theft and strengthen existing laws to combat identity-related crimes.

Debate at second reading - May 5, 2009

During a Senate sitting on May 5, 2009, the second reading debate for Bill S-4 concerning identity theft was adjourned and later completed, with the bill then referred to a committee.

During a Senate debate on May 5, 2009, while discussing Bill S-4 (identity theft), senators raised concerns about the government's mailing practices contributing to identity theft and adjourned the debate.

Step 3
Consideration in committee
Jun 9, 2009
Completed

Bill S-4, concerning identity theft, completed its committee stage in the Senate in June 2009 before receiving Royal Assent later that year.

Committee report presented with amendments, Jun 9, 2009
End of stage activity, Jun 9, 2009
Chamber sittings
Committee report presented with amendments - Jun 9, 2009

The Senate presented and adopted amendments to Bill S-4 concerning identity theft, and addressed other routine parliamentary business.

Step 4
Report stage
Jun 9, 2009
Completed

The Senate's Report stage for Bill S-4 was completed on June 9, 2009, prior to the bill receiving Royal Assent on October 22, 2009.

Committee report adopted, Jun 9, 2009
End of stage activity, Jun 9, 2009
Chamber sittings
Debate at consideration of committee report - Jun 9, 2009

The Senate sitting on June 9, 2009, included tributes, report tablings, and debates on several bills, including amendments to Bill S-4 concerning identity theft.

Step 5
Third reading
Jun 11, 2009
Completed

Bill S-4, concerning amendments to the Criminal Code related to identity theft, completed its third reading in the Senate on June 11, 2009, and later received royal assent on October 22, 2009.

Third reading, Jun 11, 2009
End of stage activity, Jun 11, 2009
Chamber sittings
Debate at third reading - Jun 10, 2009

The Senate debated the third reading of Bill S-4, an act to amend the Criminal Code regarding identity theft, with discussions focusing on new offences, proposed amendments, and the role of law enforcement.

Debate at third reading - Jun 11, 2009

The Senate debated and passed Bill S-4 at its third reading after considering and rejecting amendments, and the bill subsequently received Royal Assent.

Step 1
First reading
Jun 15, 2009
Completed

Bill S-4, concerning identity theft, underwent its first reading in the House of Commons on June 15, 2009, as part of its legislative journey that concluded with Royal Assent.

First reading, Jun 15, 2009
End of stage activity, Jun 15, 2009
Chamber sittings
First reading - Jun 15, 2009

On June 15, 2009, the House of Commons debated a Bloc Québécois motion asserting exclusive provincial jurisdiction over securities regulation and opposing a national regulator, highlighting diverse views on federalism, economic impact, and Quebec's constitutional rights.

Step 2
Second reading
Jun 17, 2009
Completed

The House of Commons completed the second reading of Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct), on June 17, 2009, after which it proceeded to committee.

Second reading and referral to committee, Jun 17, 2009
End of stage activity, Jun 17, 2009
Chamber sittings
Debate at second reading - Jun 16, 2009

During the second reading debate in the House of Commons on June 16, 2009, Members discussed Bill S-4, which aimed to introduce new offences to combat identity theft, and ultimately the bill was deemed read a third time and passed.

Debate at second reading - Jun 17, 2009

During the second reading debate on Bill S-4 concerning identity theft, Members of Parliament discussed the bill's provisions and its procedural referral to a committee.

Step 3
Consideration in committee
Oct 8, 2009
Completed

The House of Commons committee completed its consideration of Bill S-4 in October 2009, prior to the bill receiving Royal Assent.

Committee report presented without an amendment, Oct 8, 2009
End of stage activity, Oct 8, 2009
Chamber sittings
Committee report presented without an amendment - Oct 8, 2009

The House of Commons Standing Committee on Justice and Human Rights reported Bill S-4 without amendment.

Step 4
Report stage
Oct 20, 2009
Completed

The House of Commons completed its Report stage for Bill S-4, An Act to amend the Criminal Code, on October 20, 2009, before it received Royal Assent on October 22, 2009.

Concurrence at report stage, Oct 20, 2009
End of stage activity, Oct 20, 2009
Chamber sittings
Debate at report stage - Oct 20, 2009

On October 20, 2009, the House of Commons debated Bill S-4 at report and third reading stages, addressing new offenses for identity theft, alongside routine proceedings and oral questions on various government matters.

Step 5
Third reading
Oct 20, 2009
Completed

The House of Commons completed the Third Reading of Bill S-4 on October 20, 2009, a step before the bill received Royal Assent on October 22, 2009.

Third reading, Oct 20, 2009
End of stage activity, Oct 20, 2009
Chamber sittings
Debate at third reading - Oct 20, 2009

During the third reading debate on Bill S-4, Members of Parliament discussed the Criminal Code amendments related to identity theft, covering its various aspects, legislative gaps, and the need for updated laws.

Step 1
Royal assent
Oct 22, 2009
Royal assent, Oct 22, 2009
End of stage activity, Oct 22, 2009
Chamber sittings
Royal assent - Oct 22, 2009

We don't have a plain-language summary for Debates of the Senate yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
Marjory LeBreton
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced