Arson

Arson is committed when someone intentionally or recklessly causes damage to property by fire or explosion. The Criminal Code outlines various offences related to arson:

Under s. 433, it is an offence to intentionally or recklessly cause damage to property by fire or explosion, regardless of ownership, where: a) The person knows or is reckless about the fact that the property is occupied by people; OR b) The fire or explosion causes bodily harm to another person.

Under s. 434, intentionally or recklessly causing damage by fire or explosion to another person’s property is an offence.

Under s. 434.1, intentionally or recklessly causing damage by fire or explosive to one's own property, whether owned wholly or in part, is an offence.

Under s. 435(1), causing damage to property by fire or explosion with the intent to defraud any other person is an offence.

Under s. 436(1), it is an offence for a person who owns or controls property to cause a fire or explosion due to a marked departure from the standard of care, resulting in bodily harm or property damage.

Under s. 461.1, possessing any incendiary material, device, or explosive substance for the purpose of committing an offence under the aforementioned sections is an offence.

Possible Penalties if Convicted of Arson
Offences under s. 433 (disregard for human life), s. 434 (damage to others' property), and s. 434.1 (damage to own property) are straight indictable offences:

Offences under s. 435 (arson – fraud), s. 436 (arson – negligence), and s. 436.1 (possession of incendiary material) are hybrid offences, allowing the Crown to elect to proceed by summary conviction or by indictment.

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