Counterfeiting / Making or Passing Counterfeit Money
Criminal Code — Sections 449–452
Definition
Counterfeiting offences cover the making, possessing, or uttering (passing) of counterfeit money, as well as possessing the equipment, materials, or digital files used to produce counterfeit currency. Under the Criminal Code, it is illegal to make, buy, receive, possess without lawful excuse, or utter counterfeit money, or to make, repair, or possess instruments adapted for counterfeiting — including Canadian and foreign currency. Canada's polymer banknotes have made counterfeiting more difficult, but the offence remains actively prosecuted, particularly for attempts to counterfeit older paper currency or foreign bills.
Penalties
Classification
Indictable offence.
Maximum Penalty
Maximum 14 years imprisonment for making counterfeit money. Maximum 14 years for uttering (passing) counterfeit money.
Examples
Counterfeiting Offences Under the Criminal Code
The Criminal Code contains several specific counterfeiting offences:
- s. 449 — Making counterfeit money: Manufacturing or producing counterfeit currency of any denomination. Maximum 14 years.
- s. 450 — Possession of counterfeit money: Knowingly possessing counterfeit currency without lawful excuse. Maximum 14 years.
- s. 452 — Uttering counterfeit money: Knowingly passing or attempting to pass counterfeit money as genuine, or offering it for sale. Maximum 14 years.
- s. 458 — Making, possessing, or dealing in instruments for counterfeiting: Possessing plates, dies, machinery, paper, ink, or digital files for counterfeiting. Maximum 14 years.
- s. 457 — Likeness of bank-notes: Making, printing, publishing or circulating anything that resembles a bank-note, subject to statutory size and format exceptions. Summary conviction offence. (Counterfeiting postage or revenue stamps falls under s. 376.)
- "Knowingly" is key: For uttering (passing) counterfeit money, the Crown must prove the accused knew the money was counterfeit. If someone unknowingly receives a counterfeit bill and spends it without realizing it is fake, they have not committed an offence. However, once you discover a bill is counterfeit and still try to pass it, you have committed an offence.
- Investigation: Counterfeiting is investigated by the Royal Canadian Mounted Police (RCMP) and the Bank of Canada. The RCMP National Anti-Counterfeiting Bureau handles major counterfeiting operations.
Canada's Anti-Counterfeiting Measures
Canada introduced polymer (plastic) banknotes beginning in 2011, dramatically reducing counterfeiting:
- Polymer note security features include:
- Transparent windows with metallic images
- Holographic elements that shift colour
- Raised ink you can feel by touch
- Hidden numbers visible only under UV light
- Fine-line patterns that cannot be reproduced by standard printers
- How to detect counterfeits: The Bank of Canada recommends the "feel, look, flip" method:
- Feel: Genuine bills have raised ink on the large denomination numeral and the words "Bank of Canada / Banque du Canada"
- Look: Hold the bill up to the light to see the transparent window and hidden image
- Flip: Tilt the bill to see colour-shifting elements in the metallic portrait
- What to do if you receive counterfeit money:
- Do not try to return it or pass it to someone else
- Handle it as little as possible (preserve fingerprints)
- Contact your local police
- Note where, when, and from whom you received it
- The Bank of Canada does not reimburse victims who unknowingly receive counterfeit bills
Frequently Asked Questions
What happens if I accidentally receive a counterfeit bill?
If you unknowingly receive a counterfeit bill, you have not committed a crime. However, once you realize it is counterfeit, you cannot attempt to pass it to someone else — doing so is "uttering counterfeit money" under s. 452. You should report it to police and surrender the bill. Unfortunately, you will not be reimbursed for the lost value.
What is the penalty for passing counterfeit money?
Uttering (passing) counterfeit money is an indictable offence with a maximum of 14 years imprisonment. Actual sentences depend on the amount involved, whether it was a single incident or organized operation, and the accused's criminal history. Small-scale passing may result in a few months, while operating a counterfeiting ring can lead to several years in prison.
Is it illegal to print images of Canadian money?
It is not illegal to reproduce images of Canadian currency for educational, artistic, or promotional purposes, provided the likeness is less than 75% or more than 150% of the length or width of the real note and is either in black-and-white only or printed on one side only (s. 457(3)). The Bank of Canada also publishes its own reproduction guidelines.. The Bank of Canada has specific guidelines for lawful reproduction.
Who investigates counterfeiting in Canada?
Counterfeiting is primarily investigated by the Royal Canadian Mounted Police (RCMP), specifically the National Anti-Counterfeiting Bureau. The Bank of Canada works closely with the RCMP to analyze seized counterfeits and identify trends. Local police may handle small-scale passing cases.
Can you counterfeit coins?
Yes, counterfeiting coins is also illegal under the Criminal Code. However, coin counterfeiting is extremely rare in Canada because the cost of producing convincing counterfeit coins typically exceeds their face value. The Royal Canadian Mint uses advanced metallurgical techniques that are very difficult to replicate.
Related Offences
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