Arson in Ontario is charged under several distinct Criminal Code sections depending on the circumstances: disregard for human life (section 433), damage to another person’s property (section 434), damage to one’s own property for an improper purpose (section 434.1), fraudulent purpose such as an insurance claim (section 435), and negligent fire causing damage (section 436). Each section carries a different maximum penalty, and the specific section charged significantly affects both the available defences and the sentencing range.
- Arson is split across several Criminal Code sections — the specific section charged depends on what burned and why.
- Section 433 (disregard for human life) is the most serious version, reflecting the risk to people rather than just property.
- You can be charged with arson for burning your own property if done for an improper purpose, such as an insurance claim.
- Fire investigators rely heavily on forensic evidence — origin-and-cause analysis is often central to both prosecution and defence.
- A fire that starts accidentally is not arson — the Crown must prove intent or, for the negligence section, a marked departure from a reasonable standard of care.
- Insurance fraud suspicions are a common trigger for an arson investigation, particularly involving commercial or heavily mortgaged property.
The Different Arson Sections
Unlike many property offences, arson is not one charge. The Criminal Code addresses it across several distinct sections — 433 (disregard for human life), 434 (damage to another person’s property), 434.1 (damage to one’s own property), 435 (fraudulent purpose), and 436 (negligently causing a fire that causes damage) — plus 436.1, which separately criminalizes possessing incendiary material intending to commit arson. The section charged depends heavily on what burned, who owned it, and what the Crown says the accused intended.
Disregard for Human Life
Section 433 applies where a person causes damage by fire or explosion to property, whether or not they own it, and in doing so shows reckless disregard for whether the life or safety of another person is endangered. This is the most serious arson provision, carrying a maximum of life imprisonment, reflecting that the danger to people — not the value of the property — is what Parliament treats as the aggravating factor.
Setting a fire in an occupied apartment building, even one intended only to damage a single unit, can engage section 433 given the risk to other residents, regardless of whether the person setting the fire intended anyone harm.
Damage to Property
Section 434 covers damage by fire or explosion to property that does not belong entirely to the accused, without the disregard-for-life element present. Section 435 covers arson committed for a fraudulent purpose — most commonly to support an insurance claim, or with intent to defraud any person. Both carry significant indictable maximums, though lower than the life-imprisonment maximum under section 433.
Burning Your Own Property
A common misconception is that you cannot be charged with arson for burning something you own outright. Section 434.1 addresses exactly this scenario — damage by fire or explosion to one’s own property, where it is reckless as to whether this would be likely to cause bodily harm, or the fire is set with intent to defraud. Insurance-motivated fires on owned property are a frequent basis for this charge.
Insurers routinely investigate suspicious fire losses before a criminal charge is ever laid, and their findings — including expert cause-and-origin reports — often end up in the hands of police and the Crown. Anything said to an insurance adjuster can resurface in a criminal investigation.
How Arson Is Investigated
Arson investigations typically combine fire department origin-and-cause findings with police investigation. Investigators look at burn patterns, points of origin, evidence of accelerants, the condition of electrical and heating systems, and witness or surveillance evidence. Because fire destroys much of the physical evidence at the scene, these cases often turn heavily on forensic interpretation — which is also where a defence can often be built.
Common Defences
Defences vary significantly by section, but commonly include challenging the fire investigator’s conclusions about cause and origin (an "undetermined" cause finding can undercut an arson theory entirely), disputing the alleged motive — particularly for the fraud-based sections — and, for the negligence section specifically, arguing the conduct fell short of the marked departure from reasonable care that the Code requires. See our guide on mischief charges in Ontario for a comparison with the lesser property-damage offence that doesn’t involve fire.
Under investigation for arson, or facing a charge, in Toronto or the GTA? Call 416-274-2222 for a free, confidential consultation.
Frequently Asked Questions
Section 433 — arson that shows disregard for human life — is the most serious, carrying a maximum of life imprisonment. This applies where the fire is set recklessly with disregard for whether it endangers the life or safety of another person, regardless of whether anyone was actually hurt.
Yes, under section 434.1, if the fire was set (or caused by a fire you started) for an improper purpose — most commonly to collect on an insurance claim, or to damage or defraud someone with an interest in the property, such as a mortgage lender.
An accidental fire with no recklessness or intent is not arson. Section 436 (negligently causing a fire) requires a marked departure from the standard of care a reasonable person would show, not mere accident or simple carelessness.
Investigators examine burn patterns, the point of origin, accelerant residue, electrical and heating systems, and witness accounts to classify a fire as accidental, undetermined, or incendiary (deliberately set). A defence lawyer will often retain an independent fire investigator to review the Crown’s conclusions.
Yes. Section 436.1 makes it an offence to possess incendiary material intending to use it to commit arson, separate from the act of setting the fire itself.
Yes, significantly. An active arson investigation or charge typically leads an insurer to deny or delay a related claim, and the outcome of the criminal case can affect any later civil dispute over coverage.