Identify theft and identity fraud

Section 402.1 of the Criminal Code describes Identity information as “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, including 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.”

Criminal charges may be incurred when a person does any of the following:

• knowingly possesses, produces, traffics, or sells a device or tool that is used to commit identity theft.
• fraudulently personates another person, living or dead, with intent to gain advantage or cause disadvantage.
• uses, traffics in, or possesses identity information with intent to commit an indictable offense or to use it for any unlawful purpose.

Penalties for identity theft and identity fraud under the Criminal Code can range from fines and imprisonment to a criminal record and a permanent stain on a person’s reputation. The severity of the penalty depends on the circumstances of the offense and the harm caused to the victim.