REPORT OF THE COMMITTEE Tuesday, June 9, 2009

The Standing Senate Committee on Legal and Constitutional Affairs

has the honour to present its


Your committee, to which was referred Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct), has, in obedience to the Order of Reference of Tuesday, May 5, 2009, examined the said Bill and now reports the same with the following amendments:


1. Page 2, clause 1:

(a) Replace line 1 with the following:

“a birth certificate, a death certificate, a passport as defined in”;

(b) Replace lines 5 and 6 with the following:

“status in Canada, a certificate of Indian status or an employee identity card that bears the employee’s photograph and signature, or any similar document, issued or purported to be issued by a department”; and


(c) Replace lines 8 to 10 with the following:

“provincial or foreign government.”.

2. Page 2, clause 2:

(a) Replace line 21 with the following:

“(a) falsely represents himself to be a”; and

(b) Replace line 26 with the following:

“persons to believe that he is a peace”.

3. Page 3, clause 4:

(a) Replace line 23 with the following:

4. (1) The portion of subsection 342(3) of the”;


(b) Replace line 29 with the following:

“data, including personal authentication information,”; and

(c) Add after line 33 the following:

(2) Subsection 342(4) of the Act is replaced by the following:

(4) In this section,

“personal authentication information” means a personal identification number or any other password or information that a credit card holder creates or adopts to be used to authenticate his or her identity in relation to the credit card;

“traffic” means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way.”.

4. Page 9, clause 11: Add after line 22 the following:


12. Within five years after the day on which this Act receives royal assent, a comprehensive review of its provisions and operation shall be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose. ”.

5. Page 9, clause 12: Replace line 23, with the following:

13. The provisions of this Act come into”.

Respectfully submitted,


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