Is it a crime to borrow someone’s credit card number?
Under s. 403 (1) of the Criminal Code it is a crime (Identity Fraud) to fraudulently use someone’s credit card number, name, or signature to gain an advantage or interest in property (along with other forbidden purposes). It is also a crime under s. 402.2 (1) (Identity Theft) to posses someone’s credit card information with the intent to commit any offence where fraud, dishonesty, or falsehood is an essential element. Other offences, such as Fraud, may also apply depending on the circumstances.
In some circumstances, a defendant may be able to argue that their use or possession of someone else’s information was not fraudulent. The cardholder’s consent to the use in question would obviously be an important factor in such a defence.
