Fraudulently Obtaining Transportation Charges

How people get criminally charged with transportation fraud on both public transit and private taxi cabs and how it can result in a criminal record that can impact employment, travel and immigration opportunities.

It is a criminal offence in Canada to obtain transportation in a “fraudulent” way. This means that any free or discounted ride obtained by intentional deceit or falsehood can lead to this charge.

The crime is codified in Section 393 (3) of the Criminal Code which reads:
The offence carries a maximum penalty of up to six months in jail and a criminal record. As with any fraud related offence, which is a crime of dishonesty, it can have a severe, permanent negative impact on a person’s reputation, travel and employment opportunities. Similar to other criminal offences, most people who are charged with this crime have no idea how serious it is until it is too late.

Once you are given a court date, normally on a Form 9 Appearance Notice, you are being criminally charged.

But the top of the Form 9 says “to a person not yet charged with an offence”?

This is a legal technicality. If you received a Form 9 you are being charged. The reason it says “not yet” is because the accused is not formally charged until the police or transit enforcement officer swears a document known as the "information" in front of the Justice of the Peace or Judge at the courthouse. This happens after the time of arrest and serving of the Form 9 in all criminal cases. The Form 9 legally compels you to attend court. If you, or your lawyer, failed to attend court a warrant would be issued for your arrest and you likely would be charged with additional criminal offences for failing to appear.

Prior to the court date the police or transit enforcement officer will:

1. Gather the evidence/disclosure, such as eye witness statements, confessions, CCTV footage, etc. and submit it to the Crown Attorney’s Office (note: the eye witness is normally the arresting officer); and,


2. Swear the criminal Information (charging document) in front of the Justice of the Peace or Judge at the courthouse in the appropriate jurisdiction. Once the JP or Judge signs the Information the person is formally charged.

This takes some time which is why your court date will be an average of about 4 – 7 weeks from the date of your arrest.

The two most common types of transportation fraud charges stem from failing to pay for public transportation and from not paying taxi cab drivers.

Failing to pay for public transportation

Public transportation in the Greater Toronto Area (GTA) is ripe with opportunities for people to sneak on without paying and it happens tremendously often. Some methods include:

1. Walking past the operator and assuming they think you have a pass
2. Entering the back doors of buses or street cars without paying
3. Failing to tap a Presto Card
4. Not providing the full payment using change that is hard to count
5. Using fake TTC tokens, tickets, cards, or passes (sometimes purchased illegally online)
6. Boarding the Go Train without purchasing a ticket and hoping you will not be asked to show proof of payment
7. Sneaking past the point of purchase on the Toronto Island Ferry

Most of these types of frauds occur on the TTC, Go Transit, MiWay, Brampton Transit, YRT/Viva, and DRT. The TTC is more vulnerable as downtown street cars (especially when busy) are particularly easy to sneak onto. Go Transit trains also are ripe for exploitation as their ticket system provides a seemingly easy way to evade paying. With the new Presto Card system, it is extremely simple for someone to pretend to tap or just simply walk on board under the false pretense that they will do so.

All transit systems in the GTA are vulnerable. Even buses regularly allow people to board from the back doors and operators are often reluctant to confront people about fares particularly in the nighttime. If a person is presented with an opportunity, it is extremely easy for them to commit transportation fraud. For this reason, all public transportation systems employ special officers with the power to arrest and criminally charge those they catch evading payment under Section 393 (3). Of course, the Police can also arrest/charge the accused.

While the crime is easily committed, the consequences of being caught are quite severe as the person is subject to arrest/criminal charges and a criminal record which can impact job, US and other travel, criminal background checks, and immigration opportunities in their future.

I thought I would just get a provincial fine similar to a traffic or jaywalking ticket?

For most people who get criminally charged with Fraudulently Obtaining Transportation (been given a Form 9 Appearance Notice), particularly in the context of Public Transportation (TTC, Go Transit, etc.), this is not the first time they have been caught not paying. While in the past they may have been simply warned or cautioned, or given a provincial fine/ticket, eventually the Police or Transit Enforcement Officers will decide to charge the person criminally. This is not to say that everyone who is charged criminally has been caught and “let off” in some minor way before, but it is often the case. Also sometimes criminal charges are proceeded with (instead of a provincial fine) because the person was uncooperative, belligerent, tried to run away, or acted in some other way that aggravated the situation.

Many people are under the false impression that the worst thing that can happen to them are more harmless provincial fines prior to them being charged criminally under S. 393 (3)

Not paying for taxi cabs and other private transportation services

Perhaps less easily committed than public transportation fraud, people are frequently charged for intentionally taking taxi rides and then not paying for them. Often the accused will claim they forgot their wallet or purse, that their money is missing, etc. They will say to the cab driver that they will pay him later, such as the following day when they find their money. What the cab driver will normally do in these circumstances is call the police who will attend the scene and criminally charge the rider with fraudulently obtaining transportation. The police are much more likely to charge criminally in this circumstance than in the context of public transportation because the amount of loss is much higher and the victim, the cab driver, is at a direct personal loss as a result of the crime.

These types of incidents are often alcohol related. Sometimes people don’t properly plan their way home and take a cab without the ability to pay thinking that it is not that big of a deal. It is often a shock when they find themselves charged criminally and facing a life ruining criminal record as a result.

Why are cab drivers in the GTA so quick to call the police?

Standard business practices for traditional taxi drivers operate on the assumption that the person will pay at the end of the ride. The cab driver trusts the person will pay and if they don’t, or claim they can’t, they feel violated and taken advantage of. Cab drivers know that if the police show up the chance the person will suddenly “find” a way to pay will dramatically increase. If the person is charged criminally there is also a high likelihood they will eventually get paid. Most people don’t realize they could get a criminal record for fraud if they take a cab without being able to pay immediately when they arrive at their destination.

Uber, Lyft, etc. fraud cases

Less common are attempts to gain free rides using popular ride sharing services such as Uber or Lyft. As these services continue to grow in popularity, more people will attempt to use them for free through forms of credit card fraud, identity theft, etc. These individuals may also be charged with other forms of fraud in addition to S. 393 (3).

Potential consequences of being charged with Fraudulently Obtaining Transportation (Given a Form 9 – Appearance Notice) under S. 393 (3)

If you are charged under Section 393 (3) it is important to know it is not comparable to a traffic ticket. This is a Federal Criminal Code offence, not a Provincial Offence. Being charged with a criminal offence can severely damage your reputation, freedom, travel and employment.

Frauds are crimes of dishonesty which can impact those accused in many ways, such as:

1. Showing up on criminal record checks
2. Showing up on Vulnerable Sector Screening checks
3. May be required to be disclosed to professional regulatory bodies that regulate specific occupations such as RICO, OMVIC, CNO, etc.
4. May be required to be disclosed to employers as per human resources policies
5. May be required to be disclosed on insurance and other applications
6. Cause problems or entry denials travelling to the US which deems frauds to be crimes of moral turpitude
7. Having your information stored in the National CPIC database which is accessible to all law enforcement in North America and US Customs (CBP)
8. Having to answer yes to the question of whether they have ever been arrested or charged criminally before for the rest of your life
9. Create problems with immigration applications and status

If you have received an Appearance Notice or Undertaking with a court date, please give us a call for a free consultation.


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