Theft Sentences in Canada

The short answer

Theft sentences in Canada range from a discharge, which is not a conviction, to time in jail. There is no minimum sentence for theft, so judges have a wide range of options. The amount taken, any breach of trust, your criminal record and whether you have repaid the loss all shape the result. Careful preparation before your sentencing hearing can change the outcome a great deal.

Maximum sentences

For theft of $5,000 or less, the maximum is 2 years by indictment. For theft over $5,000, the maximum is 10 years by indictment. On summary conviction, the maximum for either level is 2 years less a day, a fine of up to $5,000, or both. Possession of stolen property uses the same value thresholds, while motor vehicle theft and break and enter have their own penalties. See motor vehicle theft and break and enter.

Sentencing options

• Absolute or conditional discharge: You are found guilty, but no conviction is entered (s. 730).
• Suspended sentence and probation: You are convicted, but the sentence is suspended while you follow probation conditions.
• Fine: You pay an amount to the court, which can be combined with probation.
• Restitution order: You are ordered to repay the victim for the loss.
• Conditional sentence: You serve a sentence of less than 2 years in the community (s. 742.1).
• Jail: This is more likely for large amounts, repeat offences or a breach of trust.

How judges decide

Every sentence must fit the seriousness of the offence and your degree of responsibility for it, which is called the principle of proportionality (s. 718.1). Judges also consider the goals of sentencing, such as deterrence, rehabilitation and repairing the harm done to the victim. For first-time, lower-value thefts, rehabilitation usually carries the most weight, which is why discharges are common in those cases.

What makes a theft sentence higher

• A breach of trust, such as stealing from an employer, is a statutory aggravating factor (s. 718.2(a)(iii)).
• A large amount, or a theft that involved a lot of planning, usually leads to a higher sentence.
• Vulnerable victims, such as elderly people, are treated as an aggravating factor.
• A prior record for theft or other dishonesty offences makes jail more likely.
• Since July 15, 2026, organized retail theft has been a listed aggravating factor.
• Since July 15, 2026, interfering with essential infrastructure, such as copper wire theft, has also been a listed aggravating factor.

What makes it lower

Factors that usually lower a theft sentence include having no prior criminal record, repaying the loss early and in full, pleading guilty and showing genuine remorse, and getting counselling for addiction or other problems that led to the offence. For example, an employee who took $8,000 over a year and has repaid it in full, with no prior record, is in a very different position from someone with prior thefts who has repaid nothing.

Restitution

A restitution order requires you to repay the victim for the value of the property (s. 738). The court must consider restitution in every case (s. 737.1), and an unpaid order can be enforced like a civil court judgment. Paying back the loss before sentencing often helps the outcome more than being ordered to pay afterwards.

Probation and conditions

Many theft sentences include probation, which can last up to 3 years. Common conditions include reporting to a probation officer, staying away from a store, workplace or person, repaying the loss on a schedule, completing community service hours and attending counselling. Breaking a probation condition is a separate criminal offence, so it is important to understand every condition before you agree to it.

Conditional sentences

A conditional sentence is a jail sentence of less than 2 years that is served in the community, often with house arrest or a curfew. It is available for theft where there is no minimum sentence and the judge is satisfied that serving the sentence in the community would not endanger the public (s. 742.1). It is still a conviction, even though you do not go to jail.

Preparing for sentencing

What you bring to court can make a significant difference. Helpful material may include proof of repayment, letters from employers, teachers or community members, proof of counselling or treatment, and information about your family, work and health. The judge may also order a pre-sentence report, which a probation officer prepares after interviewing you and other people in your life.

Discharge and your record

An absolute discharge is removed from the national police database after 1 year. A conditional discharge is removed 3 years after it is granted. Both require that you stay out of trouble during that period (Criminal Records Act, s. 6.1).

Record suspensions

If you are convicted, you can later apply to the Parole Board of Canada for a record suspension. The waiting period is 5 years after your sentence is completed for a summary conviction, and 10 years for an indictable one. See our criminal records page.

Victim impact statements

Victims have the right to tell the court how the theft affected them, either in writing or by reading a statement aloud at the sentencing hearing. The judge must consider these statements, and they can influence the sentence, especially when the victim is a small business owner or a vulnerable person.

Fines and the victim surcharge

When a judge imposes a fine, a victim surcharge is usually added on top. The surcharge is 30% of the fine, or a fixed amount when no fine is imposed, and the money goes to programs that support victims of crime (s. 737). However, the judge can decline to order the surcharge if it would cause you undue hardship.

How we can help

We can explain the realistic sentencing range for your charge and help you prepare, including arranging repayment, before your sentencing hearing. Call (647) 223-1980 for a free consultation.

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