Bill S-4: An Act to Amend the Criminal Code (identity theft and related misconduct) was introduced in June 2009.

At the 2008 Canadian Chamber Annual General Meeting, chambers from across the country passed a resolution entitled “Preventing and Effectively Punishing Identity Theft” which was put forward by the Surrey Board of Trade. In January 2010, bill S-4 came into force.

We are pleased that the government responded to this policy resolution to deal with the crime of identity theft and that this legislation is now in place.

Identity theft is a crime

The issue
Before this legislation was passed, there was very little recourse for someone fraudulently using another person’s identity. According to one survey, almost 2.7 million Canadians have been a victim of identity theft. Phonebusters, a police task force set up to tackle telemarketing fraud in Canada, reported losses to individuals and businesses of more than $16 million in 2006 alone.

The bill amends the Criminal Code to create an offence for trafficking or unlawfully possessing government-issued documents to use fraudulently. It will also clarify responsibilities and exempt certain people from liability for certain forgery offences and to allow the offender to make restitution to a victim for the associated expenses with rehabilitating their identity.

What we got for you
On January 8, 2010, bill S-4 dealing with identity theft came into force, making it a criminal offence to traffic or unlawfully possess government-issued documents of another person for fraudulent purposes.

How does this benefit me?
Bill S-4 will better protect you as an individual consumer as well as better protecting Canada’s small businesses from fraudulent use of identity documents.