Criminal Code (R.S.C., 1985, c. C-46)

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.