Motor Vehicle Theft in Canada: s. 333.1 Penalties and Defences

Stealing a car, truck, motorcycle or other motor vehicle is charged under section 333.1 of the Criminal Code, a specific offence that carries heavier penalties than ordinary theft. Parliament has toughened the law in response to the rise in organized car theft for export: theft involving violence or a criminal organization now carries up to 14 years, sentences for repeat offenders must run back-to-back, and selling or possessing devices used to steal cars (such as key-fob programmers and relay devices) is a separate crime.

What the law says

Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable (a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence under this subsection; or (b) on summary conviction, to imprisonment for a term of not more than two years less a day.

What the Crown must prove

• You took or converted the vehicle (moving it, keeping it or selling it) without the owner’s consent;
• you did so fraudulently and without colour of right, meaning with no honest belief that you were entitled to it; and
• you intended to deprive the owner of it, temporarily or permanently (s. 322).

If there was no intent to keep or sell the vehicle, for example a short ride without permission, the charge is more likely to be taking a motor vehicle without consent (s. 335), a less serious summary offence.

Penalties

• Motor vehicle theft (s. 333.1(1)): hybrid offence; up to 10 years by indictment, with a minimum of 6 months in jail for a third or subsequent offence; up to 2 years less a day on summary conviction.
• Theft with violence used, threatened or attempted (s. 333.1(3), often called carjacking): indictable; up to 14 years. A carjacking can also be charged as robbery (s. 343).
• Theft for a criminal organization (s. 333.1(4)): indictable; up to 14 years.
• Consecutive sentences (s. 333.11): a sentence for violent or organized vehicle theft must be served after any sentence for a break and enter from the same events, and for a repeat offence after any other sentence from the same events.
• Electronic theft devices (s. 333.2): possessing a device suitable for stealing vehicles for that purpose, or making, selling, importing or distributing one knowing it will be used to steal vehicles, carries up to 10 years.
• Tampering with a VIN (s. 353.1): a separate hybrid offence, up to 5 years.

Courts treat vehicle theft as serious because of its cost to victims and its links to organized crime and export rings. Driving prohibitions, restitution orders and forfeiture of devices are common in addition to the sentence. Young drivers and first offenders in a single-vehicle case may still receive a non-custodial sentence.

Common defences

• Consent or colour of right: you honestly believed you were allowed to use the vehicle or that it was yours (a family car, a disputed sale, a repossession).
• Identity: the Crown must prove you were the person who took the car; video, fingerprints and phone evidence are often challenged.
• No intent to deprive: you meant to bring the vehicle back, which may reduce the charge to taking without consent.
• Charter breaches: unlawful stops, searches or detention can lead to evidence being excluded.

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 penalty for stealing a car in Canada?

Up to 10 years in prison if the Crown proceeds by indictment, with a minimum of six months for a third or subsequent offence. Theft with violence (carjacking) or for a criminal organization carries up to 14 years.

Is carjacking a separate crime in Canada?

Taking a vehicle with violence or threats is charged as motor vehicle theft with violence under s. 333.1(3), or as robbery under s. 343. Both carry heavy penalties.

Is it illegal to own a key-fob programmer or relay device?

Owning one is not illegal in itself. It is an offence to possess such a device for the purpose of stealing a vehicle, or to make, sell or distribute one knowing it will be used for vehicle theft (s. 333.2).

Related offences

• Joyriding in Canada
• Possession of Stolen Property in Canada
• Illegal VIN Alteration in Canada
• Theft Under $5,000 from a Vehicle
• Theft Over $5,000 from a Vehicle
• Robbery in Canada
• Participate in Criminal Organization in Canada

Sources

• Criminal Code, s. 333.1
• Criminal Code, s. 333.11
• Criminal Code, s. 333.2
• Criminal Code, s. 353.1

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.