Bill S-9 “Tackling Auto Theft and Property Crime Act” has received Royal Assent

Update: see previous post – November 5, 2010 Auto Theft “Tackling Auto Theft and Property Crime Act

Bill S-9 the “Tackling Auto Theft and Property Crime Act” received Royal Assent today and becomes one of Canada’s latest laws amending the Criminal Code of Canada.

In the past, the theft of a motor vehicle, was viewed as a simple theft under the Criminal Code of Canada. Now that Bill S-9 has received royal assent, the Criminal Code has been amended to treat “auto theft” as a separate and distinct criminal act, (from the section of the Criminal Code dealing with theft) with specific consequences associated with such a crime, upon conviction. Auto theft will no longer be treated as simple theft under the Criminal Code.

The theft of a motor vehicle will now have attached to it, upon conviction, a mandatory sentence of six (6) months to ten (10) years jail time for any individual convicted on a third occasion or any subsequent convictions.

Bill S-9 targets motor vehicle thieves, chop shops, anyone who alters or destroys vehicle identification numbers (VIN #) or those who attempt to profit from stolen motor vehicles.
Table 1 – Sentences For Theft in General and for Motor Vehicle Theft in Particular
Method of ProsecutionExisting Offences and Sentences in the Criminal CodeOffences and Sentences in Bill S-9
TheftMotor Vehicle Theft
Indictable offenceValue of property – over $5,000:
maximum 10 years
Regardless of value:
maximum 10 years

Regardless of value:
minimum 6 months
(if third or subsequent offence)

Value of property – $5,000 or less:
maximum 2 years
Summary conviction offenceValue of property – $5,000 or less:
maximum 6 months and/or $5,000 fine
Regardless of value:
maximum 18 months
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