Backgrounder

Key Highlights of the Vehicle Identification Number Tampering Offence

The Vehicle Identification Number

All vehicles in Canada are required to have a vehicle identification number (VIN) in order to clearly distinguish one similar motor vehicle from another. The VIN is made up of alphanumeric characters, each one representing specific information such as a vehicle's make, class, model, year, and the manufacturer. The VIN is affixed to various locations on the vehicle.

One of the ways in which the cycle of theft, disguise and resale of motor vehicles is facilitated is through tampering with a VIN.

Existing laws

Currently under the Criminal Code, those who tamper with vehicle identification numbers are often charged with the offence of possession of property obtained by crime or other theft related provisions. There is currently no offence in the Criminal Code directly prohibiting the alteration, obliteration or removal of a vehicle identification number.

Proposed amendment

To address this gap in the Criminal Code, the amendment introduced today would make it an offence to wholly or partially, alter, obliterate or remove a vehicle identification number on a motor vehicle without lawful excuse and under circumstances that give rise to a reasonable inference that this was done to conceal the identity of the motor vehicle.

Anyone convicted of this offence on indictment would be liable to imprisonment for a term not exceeding 5 years. The Crown may also choose to proceed by way of summary conviction, which would provide by virtue of section 787 of the Criminal Code, a maximum fine of $2000, imprisonment for six months, or both.

The proposed offence does not criminalize lawful behaviours such as automobile body repair, automobile recycling and auto wrecking.

Auto theft in Canada

Vehicle theft is a relatively low-risk, high-profit activity that is often used as a means of raising funds for criminal organizations to pursue additional criminal activities.

In 2004, there were nearly 170,000 motor vehicle thefts in Canada , creating a significant impact on owners, law enforcement and the insurance industry.

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Department of Justice
September 2005