Graffiti Laws in Canada: Municipal Bylaws & Penalties

Canadian Graffiti Law Overview

Graffiti is treated as a criminal offence under the Canadian Criminal Code (mischief under Section 430) and as a bylaw violation at the municipal level. Property owners have both rights and responsibilities when it comes to graffiti on their buildings. Understanding the legal framework helps you protect your property and recover costs.

Federal Law

Under Section 430 of the Criminal Code of Canada, graffiti vandalism constitutes "mischief" — willfully destroying or damaging property. Penalties range from summary conviction (fines up to $5,000 and/or 2 years imprisonment) to indictable offence (up to 10 years imprisonment) depending on the damage value. Damage over $5,000 is automatically an indictable offence.

Province-by-Province Bylaws

Property Owner Responsibilities

In most Canadian municipalities, property owners are legally responsible for removing graffiti from their buildings — even though they are the victims of vandalism. Failure to comply with municipal orders can result in fines of $500–$10,000 and the municipality may remove the graffiti and bill the property owner (often at a premium).

Insurance: Most commercial property insurance policies cover graffiti removal under vandalism/malicious mischief provisions. Typical deductibles are $500–$1,000. Document all incidents with photos and police reports to support claims.

Heritage Building Regulations

Heritage-designated buildings have additional restrictions. In Ontario, the Ontario Heritage Act requires municipal approval before any exterior work, including graffiti removal. In Quebec, heritage buildings in designated areas require permits from the Ministère de la Culture. Laser removal is typically the only approved method for designated heritage structures, as it causes zero surface damage.