Fines for shoplifting in Ontario, Canada.

A fine for shoplifting is a criminal record that will show up on all types of police background checks.

If you are caught shoplifting, charged with theft under $5000 by the police, and the court sentences you to pay a fine this is a criminal record in Canada. Fines will show up on all criminal record background checks as a conviction. A fine issued as a sentence via the Criminal Code, no matter how small, is a criminal record in Canada.

The courts do not have the option of imposing an absolute or conditional discharge (no conviction) if a fine is imposed. For a first time offender, who previously did not have a criminal record, a fine can be devastating because they will now be considered a convicted criminal.

Fines are a sentencing option for those who are found guilty of shoplifting (theft under $5000) in Canada. Other sentencing options include probation and jail. Sometimes a fine is also imposed in addition to a probation order or jail sentence.

How much is the fine for shoplifting?

If the Crown proceeds by summary conviction and the shoplifter is found guilty they may be ordered to pay a fine of up to $5000.00 by the court. Any offender who is sentenced to a fine will also receive a permanent criminal record regardless of the fine amount (even a $1 fine will result in a criminal conviction/record).

If the Crown proceeds by indictment there is no limit on the amount of the fine that can be imposed however the courts will consider the offender’s ability to pay as a factor in determining the amount. The court will look at other fines imposed in Ontario in similar circumstances in determining the appropriate amount.

It is important to note that theft under $5000 is not a summary offence but a Crown elect indictable one that gives the Crown the option to proceed either summarily or by indictment. In the U.S. this distinction is often referred to as misdemeanor vs. felony.

How much time will the offender have to pay the fine?

The Judge has discretion to set a timeline as to when the fine should be paid. Most courts in Ontario will require the fine to be paid within 30 days, 90 days, or 6 months. Counsel for the offender will make submissions to the court as to why their client may need more time to pay due to their financial circumstances.

The security guard/loss prevention gave me a letter or piece of paper with an amount to pay, or I received a letter in the mail from a lawyer asking me to pay money.

Some stores will demand that those caught shoplifting pay the store a sum of money to recoup their losses. They will threaten to sue the shoplifter civility in the event they do not pay this sum of money. This is not actually a fine but a civil demand letter. Stores may also threaten to damage the shoplifter’s credit by reporting them to a credit bureau in the event they do not pay.

While none of our clients have reported being sued as a result of ignoring these letters it is technically possible that they could be.

Can they ruin my credit score for shoplifting?

Credit bureaus in Canada are independent private businesses but to our knowledge most would require a written contract to be breached or a court order. Just because a business, their lawyer, or some other private entity believes you owe them money does not mean that you are legally obligated to pay them anything.

How to avoid a shoplifting fine and criminal record

If you have been caught shoplifting and worried about a fine the first step is to determine whether you have been criminally charged with theft or not. Those who are criminally charged with shoplifting will normally receive an Appearance Notice (Form 9) or Undertaking (Form 10) from the police with a fingerprinting date and a court date (perhaps via Zoom).

If you have been given this paperwork you are being criminally charged and your case will be dealt with in court where you are subject to a fine and conviction record. It is therefore extremely important that you hire a criminal defence lawyer to start working on your case as soon as possible. Often shoplifting cases can be dropped or withdrawn if they are handled correctly from the start.

Avoiding a fine will involve your lawyer persuading the Crown Attorney to drop the charges or the Judge to discharge you from a criminal record in the event you are found guilty. While a fine is preferable to a jail sentence, it is not necessarily a great outcome for a first time offender due to the criminal record that is attached to it.


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Are you a lawyer? If you are defending a theft or fraud related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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