Ontario Identity Theft Laws (2026)

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Source: Criminal Code, sections 402.1-402.2; PIPEDA; Provincial consumer protection acts

About this article

Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Canadian Federal Law

What is this right?

Identity theft is a Criminal Code offence in Canada, carrying up to 5 years in prison. The crime itself is the wrongful obtaining of someone's identity information; the related offence of identity fraud (s. 403) covers actually using it. If your information has been taken and used, you've got both criminal and civil routes open.

The first 48 hours matter. Move on these in order:

  • Call the Canadian Anti-Fraud Centre (CAFC) at 1-888-495-8501.
  • Place fraud alerts with Equifax (1-800-465-7166) and TransUnion (1-800-663-9980).
  • Note: credit freezes are currently only available in Quebec. Ontario adds them in July 2026.
  • File with local police — most banks and credit bureaus require a police report number to dispute fraudulent accounts.

When does it apply?

  • Anyone whose personal information has been taken and used without consent.
  • Covers fraudulent credit applications, bank accounts, government benefits claims, and tax-return fraud.

What to Do If Your Identity Is Stolen in Canada

  • Report to the CAFC at 1-888-495-8501 — they coordinate the federal response.
  • Call both credit bureaus and put fraud alerts on each file.
  • File with local police and keep the report number — banks ask for it.
  • Contact your bank and card issuers and flag every account.
  • Change every password that matters — email, banking, CRA, MyServiceCanada — and turn on two-factor authentication wherever offered.
  • Log into CRA My Account and look for unauthorised filings or address changes.
  • Review your credit reports for accounts that aren't yours.

What should you NOT do?

  • Don't sleep on it. Identity-theft losses compound by the day.
  • Don't pay debts you didn't create. Dispute them in writing with both the creditor and the bureau.
  • Don't throw out the paper trail — letters, statements, screenshots, voicemails. All of it is evidence.
  • Don't assume it will sort itself out. Identity theft only ends when you actively close it.
  • Don't ignore weird CRA mail. A reassessment you didn't expect can be the first sign someone filed in your name.
Ontario Law

How Ontario differs from federal law

Identity theft is a criminal offence under the federal Criminal Code, but Ontario provides additional consumer protection resources and a legal framework for victims.

  • Under the Criminal Code, identity theft (obtaining and possessing identity information to commit a crime), identity fraud (using someone else's identity), and trafficking in identity information are all criminal offences carrying penalties up to 5 years in prison.
  • Ontario's Consumer Protection Act, 2002 gives victims of identity theft rights to dispute unauthorized charges and transactions made in their name.
  • Ontario's Consumer Reporting Act, R.S.O. 1990, c. C.33 gives you the right to access your credit report, dispute inaccuracies, and place a fraud alert on your file with credit reporting agencies (Equifax and TransUnion).
  • The Canadian Anti-Fraud Centre (a federal-provincial-RCMP partnership) is the central reporting point for identity theft and fraud in Canada.
  • Ontario's Information and Privacy Commissioner (IPC) can investigate complaints about organizations that failed to protect your personal information under the Personal Health Information Protection Act or the Freedom of Information and Protection of Privacy Act.

Additional Steps in Ontario

If you are a victim: (1) File a police report with your local police. (2) Contact Equifax (1-800-465-7166) and TransUnion (1-800-663-9980) to place fraud alerts and order your credit reports. (3) Report to the Canadian Anti-Fraud Centre at 1-888-495-8501 or antifraudcentre.ca. (4) Notify your bank and credit card companies. (5) File a complaint with the Ontario Ministry of Public and Business Service Delivery if a business was involved.

Relevant Law: Criminal Code, R.S.C. 1985, c. C-46, ss. 402–402.2 (Identity Theft and Fraud); Consumer Reporting Act, R.S.O. 1990, c. C.33; Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A

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Common Questions

What is the identity theft right in Canada?

Identity theft is a Criminal Code offence in Canada, carrying up to 5 years in prison. The crime itself is the wrongful obtaining of someone's identity information; the related offence of identity fraud (s. 403) covers actually using it. If your information has been taken and used, you've got both criminal and civil routes open.The first 48 hours matter. Move on these in order:Call the Canadian Anti-Fraud Centre (CAFC) at 1-888-495-8501.Place fraud alerts with Equifax (1-800-465-7166) and TransUnion (1-800-663-9980).Note: credit freezes are currently only available in Quebec. Ontario adds...

When does identity theft apply?

Anyone whose personal information has been taken and used without consent.Covers fraudulent credit applications, bank accounts, government benefits claims, and tax-return fraud.

What should I do if someone stole my identity in Canada?

Report to the CAFC at 1-888-495-8501 — they coordinate the federal response.Call both credit bureaus and put fraud alerts on each file.File with local police and keep the report number — banks ask for it.Contact your bank and card issuers and flag every account.Change every password that matters — email, banking, CRA, MyServiceCanada — and turn on two-factor authentication wherever offered.Log into CRA My Account and look for unauthorised filings or address changes.Review your credit reports for accounts that aren't yours.

What mistakes should I avoid with identity theft?

Don't sleep on it. Identity-theft losses compound by the day.Don't pay debts you didn't create. Dispute them in writing with both the creditor and the bureau.Don't throw out the paper trail — letters, statements, screenshots, voicemails. All of it is evidence.Don't assume it will sort itself out. Identity theft only ends when you actively close it.Don't ignore weird CRA mail. A reassessment you didn't expect can be the first sign someone filed in your name.

Identity Theft in other states

Same topic, different jurisdiction. Pick the one that applies to you.

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