New legislation that will provide police and justice officials with important new tools in the fight against identity theft has received royal assent, the Department of Justice said Tuesday.

Bill S-4 “will better address identity theft and provide police with the tools they need to help stop these crimes before they are committed,” says Justice Minister Rob Nicholson.

The legislation creates three new “core” Criminal Code offences targeting the early stages of identity-related crime, all subject to five-year maximum prison sentences:

• obtaining and possessing identity information with the intent to use the information deceptively, dishonestly or fraudulently in the commission of a crime;
• trafficking in identity information, an offence that targets those who transfer or sell information to another person with knowledge of, or recklessness as to, the possible criminal use of the information; and,
• unlawfully possessing or trafficking in government-issued identity documents that contain information of another person.

A new power will be added permitting the court to order, as part of a sentence, that an offender be required to pay restitution to a victim of identity theft or identity fraud for costs associated with their efforts to rehabilitate their identity, e.g., the cost of replacement cards, documents and correcting their credit history. This provision will complement existing provisions, which permit restitution to be ordered for actual economic or other property losses, the Department of Justice says.

Credit information provider Equifax Canada congratulated the government for passing the legislation. Equifax Canada statistics show that over the past two years, consumers reported over 40,000 cases of identity theft/fraud.

“This landmark legislation is a significant step forward in the protection of Canadians against identity related crimes,” says John LaVecchia, Equifax Canada’s vice president, government services.

IE