Forgery and Using a Forged Document in Canada

Forgery is making a false document, knowing it is false, so that it will be used or acted on as genuine. Section 368 adds a second offence, often called “uttering a forged document”: using, selling or possessing a document you know is forged. Typical cases involve fake identification, altered cheques, forged signatures on contracts, wills or cheques, false pay stubs or bank statements used to rent or borrow, and fake vehicle ownership papers. Forgery is often charged together with fraud or identity fraud.

What the law says

Every one commits forgery who makes a false document, knowing it to be false, with intent (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

Making a false document includes altering a genuine document in any material part, adding a false date, signature, seal or other material element, or erasing or removing part of it (s. 366(2)). Forgery is complete as soon as the document is made with that knowledge and intent, even if it is never used and even if it is incomplete (s. 366(3) and (4)).

What the Crown must prove

• Forgery (s. 366): you made or materially altered a document, knew it was false, and intended it to be used as genuine or to make someone act on it.
• Using a forged document (s. 368): knowing or believing a document is forged, you used it or acted on it as genuine, caused someone else to, sold or made it available, or possessed it intending to do so.

Penalties

• Forgery (s. 367): hybrid; up to 10 years by indictment.
• Use, trafficking or possession of a forged document (s. 368(1.1)): hybrid; up to 10 years by indictment.
• On summary conviction: up to 2 years less a day and/or a fine of up to $5,000.

Sentences depend on the type of document, the losses caused, any breach of trust (for example an employee or professional) and whether the forgery was part of a larger scheme. Restitution orders are common.

Common defences

• No knowledge: you did not know the document was false, for example a document prepared by someone else.
• Authority: you had permission to sign or complete the document for the person named.
• Not material: the change did not alter anything material in the document.
• Exception: a document made in good faith at the request of a police force, the Canadian Forces or a government department is not forgery (s. 366(5)).

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). The waiting period is 5 years if the Crown proceeded summarily and 10 years if it proceeded by indictment, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). More from the Parole Board.

Frequently asked questions

What is the difference between forgery and uttering a forged document?

Forgery (s. 366) is making or altering a false document. Uttering, now covered by s. 368, is using, selling or possessing a document you know or believe is forged. Each carries up to 10 years by indictment.

Is signing someone else’s name forgery?

It can be, if you sign without their authority and intend the document to be used as genuine. Signing with the person’s permission is not forgery.

Is using a fake ID a crime in Canada?

Yes. Using a document you know is false as if it were genuine is an offence under s. 368, and possessing government identity documents of others can also be identity theft.

Related offences

• Fraud Law in Canada
• Identity Fraud in Canada
• Counterfeiting Laws in Canada
• False Pretences in Canada

Sources

• Criminal Code, s. 366
• Criminal Code, s. 367
• Criminal Code, s. 368

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.