- Section 56.1 of the Criminal Code lists driver's licences in its definition of identity document and sets up to 5 years on indictment for procuring, possessing, transferring, selling or offering for sale one that relates or purports to relate to another person.
- Ontario's liquor regulator tells venue staff that the licence number begins with the first letter of the holder's surname and that ultraviolet ink shows an Ontario logo on the front and a trillium on the back.
- Alberta says its redesigned card has a laser-engraved photo, three transparent windows, rainbow-shifting print and raised text on number, birth date, expiry and signature.
- Statute texts give maximums. They are not the sentence a court usually passes.
Two things people mean by “fake”
The first is a card sold to be used as ID, usually to prove age. We cover that separately on fake ID in Canada. The second is a card someone hopes will let them drive, or let them pass a check by an employer, rental company or insurer. Whichever the purpose, the card is not issued by a province or territory, so it points to no real licence. The difference between the two lies in how the law treats the person holding it.
Why a fake is noticed
Provincial cards are built so that staff can check them in seconds with no machine. The agencies publish enough of this to train people who handle IDs for a living.
What Ontario tells bar staff to check
- The licence number begins with the first letter of the surname, and the ninth and tenth digits match the last two digits of the birth year.
- Ultraviolet light shows an Ontario logo on the front and a trillium flower on the back.
- Raised lettering on the licence number and date of birth.
- Cards for people aged 16 to 18 carry an “AGE 19” banner with the date they turn 19.
- Extra thickness around the photo or lamination edge can mean a second photo has been placed on top.
What Alberta describes on its card
- A laser-engraved photo over the printed background.
- Three transparent windows with photo placement visible from both sides.
- Rainbow printing described as difficult to scan and replicate.
- A “ghost” birth date and an embossed Alberta shield.
- Raised text, and a card that makes a “tin” sound when dropped, unlike a bank card.
We list these to show why a counterfeit is risky, not to teach anyone to copy them; features differ by province and change when a card is redesigned.
What the Criminal Code allows
| Section | Conduct | Ceiling on indictment |
|---|---|---|
| 366 and 367 | Making a false document, knowing it to be false, intending it to be used as genuine | 10 years |
| 368 | Using, dealing with or acting on a forged document as if genuine; selling or offering it; possessing it with intent to do so | 10 years |
| 56.1 | Procuring, possessing, transferring, selling or offering for sale an identity document that relates or purports to relate to another person | 5 years |
| 402.2 | Obtaining or possessing another person's identity information with intent to use it for a fraud-type indictable offence | 5 years |
Each of these also has a summary-conviction option. Section 56.1 has exceptions for good-faith acts in the ordinary course of business and a few other cases. A forged card that carries your own name is still a forged document under section 368 if you use it as genuine.
What it costs beyond the charge
- Licence and status. A fake card does not make you a licensed driver. If you drive on it, you drive without a licence, a provincial matter separate from the Criminal Code.
- Work. Employers who need a driver check the real licence. A forged card found in a hiring file ends the job and can be passed to police.
- Identity. To order one you send a photo, a signature and your details to a stranger. Section 402.2 exists because that information is worth money.
If you only want to prove who you are
A province can issue an identity card without a driver's licence. Ontario, for instance, has a Photo Card; the handbook notes that you cannot hold both an Ontario driver's licence and an Ontario Photo Card. Ask your provincial agency; the list is on licence by province.
Frequently asked questions
Is carrying a fake driver's licence a crime in Canada?
It can be. Section 368 of the Criminal Code covers using a forged document as genuine, and section 56.1 covers possessing or selling an identity document that relates to another person. Both carry ceilings of ten and five years on indictment, and each has a summary option.
How can I tell if a driver's licence is real?
The reliable way is to compare it with the issuing province's published features, and for employers to follow the agency's own verification route. Ontario's liquor regulator lists UV, raised-text and numbering checks on its own page.
Can a fake licence be scanned at a bar or store?
Staff are trained to look at the card itself, and some venues use scanners. A card that looks right at a glance can still fail a close check.
What if someone sells a licence with my own details on it?
It is still a forged document if it was not issued by the agency. Using it as genuine can fall under section 368, whatever name is on it.
Sources and official links
- Criminal Code, section 56.1 (identity documents)
- Criminal Code, section 368 (use, trafficking or possession of forged document)
- Criminal Code, section 367 (punishment for forgery)
- Criminal Code, section 366 (forgery)
- Criminal Code, section 402.2 (identity theft and trafficking in identity information)
- AGCO: tips for checking ID
- Alberta: driver's licence security features
- Ontario: Official MTO Driver's Handbook, getting your driver's licence