Impersonating a Police Officer in Canada: Section 130

Section 130 of the Criminal Code makes it an offence to falsely claim to be a peace officer or public officer, or to use a badge, uniform or equipment in a way that is likely to make people believe you are one. Police across Canada regularly warn about scams in which callers pretend to be police, the RCMP, the CRA or bank investigators to frighten people into paying; when such a scam is traced, the caller can face this charge along with fraud. Other cases involve fake traffic stops, private vehicles fitted with police-style lights, and people using a badge to get into places or to intimidate.

What the law says

Everyone commits an offence who (a) falsely represents himself to be a peace officer or a public officer; or (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.

What the Crown must prove

• You claimed to be a peace officer (police, RCMP, sheriff, correctional or border officer and similar) or a public officer (for example a customs or tax official), and you were not; or
• not being one, you used a badge, uniform item or equipment in a way likely to make people believe you were.

The claim can be in person, by phone, by text or online. There is no need to prove that anyone lost money: the false representation itself is the offence.

Penalties

• Hybrid offence: up to 5 years by indictment; up to 2 years less a day and/or a fine of up to $5,000 on summary conviction.
• If the impersonation was used to help commit another offence (for example a fraud, robbery, sexual offence or forcible entry), the court must treat that as an aggravating circumstance (s. 130.1).
• The other offence is charged separately and often carries a heavier penalty.

Common defences

• No false representation: the words or conduct did not amount to claiming to be an officer (for example a security guard correctly identified as security).
• Costume or performance: a uniform worn for a costume party, film or theatre was not used in a way likely to make people believe you were a real officer.
• Identity: in phone and online scams, the Crown must prove who actually made the calls or messages.

If you were targeted by a police impersonation scam: real police will never ask you to pay a fine by gift card, cryptocurrency or wire transfer. Hang up, call your local police on their published number, and report it to the Canadian Anti-Fraud Centre at 1-888-495-8501.

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

Is it illegal to pretend to be a police officer in Canada?

Yes. Falsely claiming to be a peace or public officer, or using a badge, uniform or equipment so that people are likely to believe you are one, is an offence under s. 130, with up to 5 years by indictment.

Is it illegal to wear a police costume?

Not if it is clearly a costume worn in a way that is not likely to make people think you are a real officer. Using it to stop drivers, enter places or give orders would be an offence.

What should I do if a caller says they are the police and asks for money?

Hang up and call your local police using the number on their official website. Police do not collect fines by phone, gift cards or cryptocurrency. Report the call to the Canadian Anti-Fraud Centre.

Related offences

• Identity Fraud in Canada
• Fraud Law in Canada
• Obstructing a Peace Officer in Canada
• Assaulting a Police Officer in Canada
• Forgery and Using a Forged Document in Canada

Sources

• Criminal Code, s. 130
• Criminal Code, s. 130.1

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.