Possession of Break-In Instruments in Canada (s. 351)

Section 351 of the Criminal Code makes it a crime to carry tools for breaking into places, vehicles, vaults or safes when you know they have been or will be used for that purpose. Owning a crowbar or a screwdriver is not illegal: the offence depends on what the person knows and intends. The same section also punishes wearing a mask or disguise with intent to commit an indictable offence. These charges are often laid alongside break and enter or vehicle theft.

What the law says

Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction.

What the Crown must prove

• You possessed an instrument suitable for breaking in (pry bars, lock picks, slim jims, window punches, key-programming tools and similar);
• you knew it had been used, or was intended to be used, to break into a place, vehicle, vault or safe; and
• you had no lawful excuse, such as work as a locksmith, tow operator or tradesperson.

Courts look at the circumstances: the time and place, the mix of tools, gloves or a disguise, nearby break-ins and what the person said.

Penalties

• Possession of break-in instruments (s. 351(1)): hybrid; up to 10 years by indictment.
• Disguise with intent to commit an indictable offence (s. 351(2)): 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.

Common defences

• Lawful excuse: the tools are for your job or an ordinary purpose.
• No knowledge or intent: the Crown cannot prove you meant to use the tools to break in.
• No possession: the tools were in a shared vehicle or bag and were not yours.
• Charter breaches: an unlawful stop or search may lead to the tools being excluded as evidence.

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 carry a crowbar or lock picks in Canada?

Not on their own. It becomes an offence under s. 351 when you know the tools have been used, or are meant to be used, to break into a place, vehicle, vault or safe and you have no lawful excuse.

What is the penalty for possession of break-in instruments?

It is a hybrid offence. By indictment the maximum is 10 years in prison; on summary conviction it is two years less a day and a fine of up to $5,000.

Related offences

• Breaking and Entering
• Motor Vehicle Theft in Canada
• Theft Under $5,000 from a Vehicle
• Possession of Stolen Property in Canada

Sources

• Criminal Code, s. 351

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.