Is it a Crime to Impersonate Someone? Identity Fraud and Personation in Canada (2026)

What is Identity Fraud?

Identity fraud refers to the misuse of another person’s identity information to obtain money, goods, services, or another (usually financial) benefit. This can range from using a stolen credit card to creating a complex, fictitious identity. The concept can be understood on two levels: the general definition and the specific legal definition under Canadian criminal law.

The General Definition of Identity Fraud

In a broad sense, identity fraud encompasses any act where a person knowingly uses another individual’s personal information without permission to deceive or defraud someone. This personal information can include a name, Social Insurance Number (SIN), date of birth, credit card number, or any other piece of data that can be used to identify someone.

The Legal Definition: Fraudulent Personation Under Section 403

Canadian criminal law addresses identity fraud in part through the offence of fraudulent personation. Section 403 makes it an offence to fraudulently personate another person, living or dead, with one of the intents listed in the section.

Under Section 403(1), the required intent is one of the following: (a) to gain an advantage for yourself or someone else; (b) to obtain property or an interest in property; (c) to cause a disadvantage to the person being personated or someone else; or (d) to avoid arrest or prosecution, or to obstruct, pervert, or defeat the course of justice.

Section 403(2) clarifies that “personating” includes pretending to be the person or using the person’s identity information, by itself or combined with other identity information, as if it belonged to the person using it.

This matters because Section 403 focuses on the act of passing yourself off as another person, plus the required intent. It is not limited to taking or possessing identity information.

Is it a Crime to Impersonate Someone?

Yes. In Canada, it can be a crime to impersonate someone, but it is not automatically a crime in every situation. The Criminal Code offence is usually identity fraud (s. 403). A person commits an offence if they fraudulently personate another person (living or dead) with the intent to do things like gain an advantage, get property, cause harm/disadvantage, or avoid arrest/prosecution.

Identity Fraud vs. Identity Theft: A Critical Legal Distinction

While related, identity fraud (Section 403) and identity theft (Section 402.2) are separate offences in the Criminal Code. Understanding this distinction is vital, as they carry different penalties and require proof of different elements.

Identity theft criminalizes the acquisition and possession of another person’s identity information with the intent to use it to commit a crime (i.e., an indictable offence that includes fraud, deceit, or falsehood as an element). The offence is complete the moment a person obtains the data with criminal intent, even if they never use it.

Identity fraud, in contrast, criminalizes the active use of that information to fraudulently personate someone. It is the deployment phase of the crime.

Aspect	Identity Theft (Section 402.2)	Identity Fraud (Section 403)
Core Conduct	Obtaining or possessing another person’s identity information with the required intent, including trafficking in identity information.	Fraudulently personating another person.
Completion of Offence	Offence is complete upon possession with criminal intent.	Offence requires the personation step (pretending to be the person or using their identity information as if it were yours), plus one of the listed intents.
Maximum Penalty (Indictable)	5 years imprisonment.	10 years imprisonment.
Key Mental Element	Intent to use the information to commit an indictable offence.	Fraudulent intent to gain, obtain, cause disadvantage, or obstruct justice.

Common Types of Identity Fraud in Canada

Identity fraud manifests in various forms, each with unique methods and targets.

Financial Identity Fraud

This is a common form of identity fraud, where criminals use a victim’s identity to obtain money, credit, or services. This includes opening bank accounts, applying for loans, and making large purchases. A particularly insidious form is synthetic identity fraud, a growing trend flagged by fraud analysts and credit reporting sources.

In this scheme, criminals combine a real piece of information, like a stolen SIN, with fabricated details to create a new, fictitious identity. This new identity is then used to build a credit history before being used for major fraudulent activities, making it incredibly difficult for financial institutions to detect.

Government Document and Benefits Fraud

This type of fraud involves using stolen identity information to obtain government-issued documents or to fraudulently claim government benefits. Criminals may use a victim’s identity to apply for a new driver’s licence, passport, or health card. Tax-related identity fraud is also a known risk, where criminals use stolen identity information to file a false tax return and attempt to claim a refund.

Digital and Online Identity Fraud

Online identity fraud often starts with social engineering or account access. Key methods include:

Phishing and Smishing: Sending deceptive emails or text messages that appear to be from legitimate organizations to trick victims into revealing personal information.

Account Takeover: This occurs when a criminal gains unauthorized access to a victim’s online accounts. While the act of simply accessing an account may fall under other offences like unauthorized use of a computer (Section 342.1), it becomes identity fraud under Section 403 if the criminal then uses the account to impersonate the victim—for example, by sending messages in their name or changing the account’s profile information to lock the real user out.

SIM Swapping: A dangerous technique where criminals convince a mobile carrier to transfer a victim’s phone number to a SIM card in their possession. This allows them to intercept two-factor authentication codes sent via SMS, giving them access to the victim’s most secure accounts.

Impersonation to Evade Justice

Sometimes, the goal of identity fraud is not financial gain but avoiding legal consequences. This occurs when an individual provides false identification to police during a traffic stop, uses another person’s name upon arrest, or assumes a false identity to avoid an outstanding warrant. This form of personation is treated very seriously by the courts as it directly undermines the integrity of the justice system, and it is a crime to impersonate someone for this purpose.

Penalties for Identity Fraud in Canada

Identity fraud is a hybrid offence, meaning the Crown can proceed either by indictment for serious cases or by summary conviction for less severe ones.

As an Indictable Offence: The maximum penalty is 10 years’ imprisonment. This is reserved for cases with significant financial loss, numerous victims, or a high degree of sophistication.

As a Summary Conviction: The maximum penalty is two years less a day in jail and/or a $5,000 fine.

Courts consider several aggravating factors when sentencing, including the total financial loss, the number of victims, the level of planning, and any breach of trust. Sentencing is case-specific, and courts weigh aggravating and mitigating circumstances under the Criminal Code’s general sentencing principles. A conviction for identity fraud results in a criminal record, which can create barriers to employment, international travel, and professional licensing.

A Guide for Victims of Identity Fraud

If you are a victim of identity fraud, it is crucial to act quickly to limit the damage and begin the recovery process. Follow these steps immediately.

Step 1: Gather Information and Document Everything

Start a log of all actions you take. Record the dates, times, and content of all phone calls and emails. Keep copies of all police reports, letters to creditors, and any other relevant documents. This file will be essential for demonstrating to banks and credit bureaus that the fraud occurred.

Step 2: Report the Fraud to Key Authorities

Local Police: Report the crime to your local police department and obtain a police report number. This is a critical step for proving your case to financial institutions.
Canadian Anti-Fraud Centre (CAFC): Report the incident to the CAFC at 1-888-495-8501 or through their online reporting system. The CAFC is the central repository for fraud data in Canada and assists law enforcement.

Credit Bureaus: Contact both of Canada’s credit bureaus, Equifax (1-800-465-7166) and TransUnion (1-800-663-9980). Ask them to place a fraud alert on your file. This will require creditors to take extra steps to verify your identity before issuing new credit in your name. Request free copies of your credit reports to identify any accounts or inquiries you did not authorize.

Step 3: Notify Financial Institutions and Service Providers

Contact your bank, credit card companies, and any other institutions where you have accounts that may have been compromised. Close any fraudulent accounts and change the passwords and PINs on all your existing accounts. Change the password on your email account if it is linked to financial logins, then update banking and credit card logins.

Step 4: Address Government Documents and Accounts

If your government-issued identification has been compromised, report it immediately:

Social Insurance Number (SIN): Contact Service Canada if you suspect your SIN has been used fraudulently. Service Canada generally focuses on monitoring and documentation. A new SIN is rarely issued and is not guaranteed, even when fraud has occurred.

Driver’s Licence or Health Card: Contact your provincial or territorial issuing agency.

Passport: If your passport is lost or stolen, report it to Passport Canada and your local police.

Canada Revenue Agency (CRA): If you suspect tax-related fraud, contact the CRA at 1-800-959-8281or through its identity theft or suspicious account activity reporting options.

Victim Rights and Restitution

Under Section 738 of the Criminal Code, victims of identity fraud can seek a restitution order from the court. This order can compel the offender to reimburse the victim for reasonable expenses incurred to re-establish their identity, such as the costs of replacing documents and correcting their credit history. Victims also have the right to submit a Victim Impact Statement to the court, describing the financial, emotional, and physical impact the crime has had on their life.

When to Contact a Criminal Lawyer

If you are under investigation for or have been charged with identity fraud, you should contact a criminal defence lawyer immediately. Do not speak to the police or investigators without legal representation.

A lawyer will protect your rights, manage all communications on your behalf, and begin building a robust defence strategy. They will meticulously review the Crown’s evidence, identify any weaknesses or potential Charter violations, and advise you on the best course of action, whether that involves negotiating with the Crown or preparing for trial.Were you or someone you know charged with an identity offence? Request a free case evaluation today and speak with an experienced criminal defence lawyer.

Legal Defences to Identity Fraud Charges

An individual charged with identity fraud has several potential legal defences available. The viability of any defence depends on the specific facts of the case.

Lack of Fraudulent Intent: The Crown must prove that the personation was done with one of the four specific fraudulent intents. If the accused had an honest but mistaken belief that they had permission to use the identity, or if there was no intent to gain an advantage or cause a disadvantage, this can be a complete defence.

Mistaken Identity: The defence can challenge the Crown’s evidence identifying the accused as the perpetrator. This may involve alibi evidence or challenging the reliability of eyewitness or digital evidence.
Consent: Consent is not a guaranteed defence. Even if the person being personated agreed, the personation can still be “fraudulent” if it deceives someone else and is done with one of the intents in Section 403(1). Consent may still matter on the facts, for example, if it supports a claim that the accused was not pretending to be the person, or lacked the required intent.

Charter Violations: If police violated the accused’s Charter rights during the investigation (e.g., through an unreasonable search or by denying the right to counsel), a defence lawyer can apply to have the evidence excluded from trial under Section 24(2) of the Charter.

Frequently Asked Questions

What is the difference between identity theft and identity fraud?

Identity theft is the act of obtaining or possessing someone’s information with the intent to use it to commit an indictable offence that includes fraud, deceit, or falsehood as an element. Identity fraud (fraudulent personation) is the act of fraudulently personating another person, living or dead, with one of the intents listed in Section 403(1).

Can you go to jail for identity fraud in Canada?

Yes. The maximum penalty is 10 years in prison. Even for less serious cases, jail time is a possibility.

What is synthetic identity fraud?

It is a sophisticated form of fraud in which criminals combine real and fake information to create an entirely new, fictitious identity, which is then used to commit fraud.

What should I do if I’m charged with identity fraud?

Contact an experienced criminal defence lawyer immediately. Do not speak to the police without legal advice. A lawyer can protect your rights and help you navigate the legal system.

Can identity fraud be committed against a deceased person?

Yes, the Criminal Code explicitly states that it is an offence to personate a person, living or dead.

How can I protect myself from identity fraud?

Use strong, unique passwords for your online accounts, enable two-factor authentication, be wary of phishing scams, shred sensitive documents, and regularly monitor your bank and credit card statements.

What is the first thing I should do if I am a victim?

Contact your local police to file a report and then immediately notify your bank and Canada’s two credit bureaus (Equifax and TransUnion) to place a fraud alert on your credit files.

How does account takeover relate to identity fraud?

Account takeover becomes identity fraud when the criminal, after gaining access, uses the account to impersonate the victim. If they only steal money without impersonation, it may be prosecuted as theft or fraud under different sections of the Criminal Code.

What is the role of the Canadian Anti-Fraud Centre (CAFC)?

The CAFC is Canada’s national repository for fraud data. Reporting to the CAFC helps law enforcement identify trends, link cases, and warn the public about emerging scams.

Can I get my money back if I’m a victim of identity fraud?

Financial institutions often reimburse customers for losses due to unauthorized transactions, provided the customer was not negligent. A restitution order from a criminal court can also compel the offender to repay the victim’s losses and expenses.

This article provides general legal information only and should not be construed as legal advice. Laws and their interpretation may change, and the application of law to specific circumstances requires professional legal assessment. If you have questions about a legal matter, please contact us for a free consultation.

Jonathan Pyzer

Jonathan Pyzer, B.A., L.L.B., is an experienced criminal defence lawyer and distinguished alumnus of McGill University and the University of Western Ontario. As the founder of Pyzer Criminal Lawyers, he brings over two decades of experience to his practice, having successfully represented hundreds of clients facing criminal charges throughout Toronto.