Theft of gas: theft under $5000 "gas and dash" charges in Canada.

With gas prices at an all time high in Ontario, more gas and dash thefts are being reported to the police by gas stations. Gas station attendants behind the counter are trained to watch the pumps to ensure people pay before leaving. If a person fills up and drives away without paying they will preserve any and all video CCTV evidence and report the theft to the police.

Once a police report is filed the police will try to identify the person responsible by analyzing their description given by the attendee or gas station owner, any preserved video evidence, receipts from previous credit or debit card purchases, and driver’s license photos associated with the vehicle’s license plate if known.

If the license plate analysis produces a different registered owner than the suspect’s description the police may call or attend at the known address of the vehicle’s registration to obtain information as to who may have been driving. This could be the spouse/partner, child, friend, etc. of the vehicle owner.

Concealing the identity of vehicle and/or the driver

If the suspect driver takes steps to conceal their identity (sunglasses, masks, wigs, etc.) or the readability of their license plate this is considered an aggravating factor by the courts because it shows the theft was pre-planned and not a spontaneous bad decision. When gas station owners are unable to identify the suspect or provide enough information allowing the police to do so they may turn to the public for help.

Gas station owners and attendees may try to identify thieves by posting pictures of the crimes on social media and through reports to local newspapers. A gas and dash may therefore turn into a very embarrassing public outing of an accused prior to their identification and arrest. Like anyone else accused of theft it can cause irreparable harm to a person’s reputation because people will view them with distrust.

Disputes at gas stations leading to charges of mischief, assault, uttering threats, resisting arrest, and escaping lawful custody in addition to theft or fraud.

When a gas station attendee believes someone may have stolen gas in the past or is in the process of doing so they may confront the individual regarding this before calling the police. These heated moments may involve yelling and cursing/swearing at each other which can lead to allegations of physical violence and the use of racist or other hateful language. Such allegations are considered aggravating factors that increase the likelihood the police will press criminal charges if the suspect is ultimately identified.

As incidents at gas stations are becoming more common in Ontario, the police are starting to take a tougher approach to these crimes, laying charges of theft under $5000 and other offences against drivers who do not pay. The police will also charge for fraud under $5000 in cases involving the improper use of credit and debit cards to obtain gas.

Can the driver just say they “forgot to pay” after filling up?

Similar to shoplifting cases, a large percentage of gas and dash accused will claim they simply forgot to pay and lacked the requisite intent to commit the crime. This defence however can be a tough sell in most cases. The police will often provide additional evidence that they were trying to act stealthily, hiding their identity, looking in the cameras, etc. to show that what happened was not an accident.

In some cases jerry cans are used to steal even more gas than the vehicle's tank can hold which some Crown Attorney's and judges may interpret as being evidence of a targeted, intentional form theft. This obviously would also be considered an aggravating factor on sentencing particularly if the accused was selling the stolen gas themselves for personal gain.

Just like any other criminal case, the accused can tell their side of the story (if they wish) and ultimately it will be up to a judge to decide their fate. Oftentimes we are able to get theft of gas charges dropped without a trial to avoid the risk that the accused’s story will not be believed in court.

Blaming the gas pump, the gas station, payment errors, etc. for the incident

A lot of accused will say their payment failed or that there was something wrong with their credit/debit card of the gas pump itself or inside. Perhaps the facilities at the gas station are not working properly. This does not entitle the customer to obtaining gas for free or for a reduced price. The legal question is whether the accused intended to steal or was legally reckless as to whether the gas station received payment.

It doesn’t matter that the service was bad, the attendee was rude, that the person had to go inside the store because the pump wasn’t working, or whatever other customer service issue exists. While the accused may feel justified in their behaviour, this is not a criminal defence to theft under $5000. The question is whether the police believe the accused knew they were not paying. If so, they will proceed with criminal charges leaving the fate of the accused in the hands of the court.

Those who are criminally charged for gas theft but not held for bail will receive an Appearance Notice (Form 9) or an Undertaking (Form 10) with a fingerprint and court date.

The most common gas station theft related charges are theft under $5000, fraud under $5000, and possession of property obtained by crime. Other charges such as assault or mischief (interfering with or damaging property) are also common in gas station related incidents.

Like any Criminal Code offence in Canada, gas theft charges can lead to jail, a criminal record, and cause problems with employment background checks, IRCC/immigration applications, and travel to the US and other countries in the future.

The good news is that we are often successful in getting gas related theft charges dropped (withdrawn) in court. If you have been charged (given a court date) it is recommended that you call us immediately for a free consultation.


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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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