Criminal Code

Marginal note:Definitions

487.04 In this section and in sections 487.05 to 487.0911,

adult

adult has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act; (adulte)

designated offence

designated offence means a primary designated offence or a secondary designated offence; (infraction désignée)

DNA

DNA means deoxyribonucleic acid; (ADN)

forensic DNA analysis

forensic DNA analysis

• (a) in relation to a bodily substance that is taken from a person in execution of a warrant under section 487.05, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 487.05(1)(b), and includes any incidental tests associated with that analysis, and

• (b) in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or is taken from a person under an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, or to a bodily substance referred to in paragraph 487.05(1)(b), means forensic DNA analysis of the bodily substance; (analyse génétique)

primary designated offence

primary designated offence means

• (a) an offence under any of the following provisions, namely,

  • (i) subsection 7(4.1) (offence in relation to sexual offences against children),

  • (i.1) section 151 (sexual interference),

  • (i.2) section 152 (invitation to sexual touching),

  • (i.3) section 153 (sexual exploitation),

  • (i.4) section 153.1 (sexual exploitation of person with disability),

  • (i.5) section 155 (incest),

  • (i.6) subsection 160(2) (compelling the commission of bestiality),

  • (i.7) subsection 160(3) (bestiality in presence of or by a child),

  • (i.8) section 163.1 (child pornography),

  • (i.9) section 170 (parent or guardian procuring sexual activity),

  • (i.901) section 171.1 (making sexually explicit material available to child),

  • (i.91) section 172.1 (luring a child),

  • (i.911) section 172.2 (agreement or arrangement — sexual offence against child),

  • (i.92) subsection 173(2) (exposure),

  • (i.93) to (i.96) [Repealed, 2014, c. 25, s. 23]

  • (ii) section 235 (murder),

  • (iii) section 236 (manslaughter),

  • (iv) section 239 (attempt to commit murder),

  • (v) section 244 (discharging firearm with intent),

  • (vi) section 244.1 (causing bodily harm with intent — air gun or pistol),

  • (vi.1) section 244.2 (discharging firearm — recklessness),

  • (vii) paragraph 245(a) (administering noxious thing with intent to endanger life or cause bodily harm),

  • (viii) section 246 (overcoming resistance to commission of offence),

  • (ix) section 267 (assault with a weapon or causing bodily harm),

  • (x) section 268 (aggravated assault),

  • (xi) section 269 (unlawfully causing bodily harm),

  • (xi.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

  • (xi.2) section 270.02 (aggravated assault of peace officer),

  • (xi.3) section 271 (sexual assault),

  • (xii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

  • (xiii) section 273 (aggravated sexual assault),

  • (xiii.1) subsection 273.3(2) (removal of a child from Canada),

  • (xiv) section 279 (kidnapping),

  • (xiv.1) section 279.011 (trafficking — person under 18 years),

  • (xiv.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

  • (xiv.3) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),

  • (xiv.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

  • (xiv.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years),

  • (xiv.6) subsection 286.3(2) (procuring — person under 18 years),

  • (xv) section 344 (robbery), and

  • (xvi) section 346 (extortion),

• (a.1) an offence under any of the following provisions, namely,

  • (i) section 75 (piratical acts),

  • (i.01) section 76 (hijacking),

  • (i.02) section 77 (endangering safety of aircraft or airport),

  • (i.03) section 78.1 (seizing control of ship or fixed platform),

  • (i.04) subsection 81(1) (using explosives),

  • (i.041) section 82.3 (possession, etc., of nuclear material, radioactive material or device),

  • (i.042) section 82.4 (use or alteration of nuclear material, radioactive material or device),

  • (i.043) section 82.5 (commission of indictable offence to obtain nuclear material, etc.),

  • (i.044) section 82.6 (threats),

  • (i.05) section 83.18 (participation in activity of terrorist group),

  • (i.051) section 83.181 (leaving Canada to participate in activity of terrorist group),

  • (i.06) section 83.19 (facilitating terrorist activity),

  • (i.061) section 83.191 (leaving Canada to facilitate terrorist activity),

  • (i.07) section 83.2 (commission of offence for terrorist group),

  • (i.071) section 83.201 (leaving Canada to commit offence for terrorist group,

  • (i.072) section 83.202 (leaving Canada to commit offence that is terrorist activity),

  • (i.08) section 83.21 (instructing to carry out activity for terrorist group),

  • (i.09) section 83.22 (instructing to carry out terrorist activity),

  • (i.091) subsection 83.221(1) (advocating or promoting commission of terrorism offences),

  • (i.1) section 83.23 (harbouring or concealing),

  • (i.11) to (iii.1) [Repealed, 2010, c. 17, s. 3]

  • (iv) [Repealed, 2014, c. 25, s. 23]

  • (iv.1) to (iv.5) [Repealed, 2010, c. 17, s. 3]

  • (v) [Repealed, 2014, c. 25, s. 23]

  • (v.1) and (v.2) [Repealed, 2010, c. 17, s. 3]

  • (vi) section 233 (infanticide),

  • (vii) [Repealed, 2010, c. 17, s. 3]

  • (vii.1) section 279.01 (trafficking in persons),

  • (vii.11) subsection 279.02(1) (material benefit — trafficking),

  • (vii.12) subsection 279.03(1) (withholding or destroying documents — trafficking),

  • (viii) section 279.1 (hostage taking),

  • (viii.1) subsection 286.2(1) (material benefit from sexual services),

  • (viii.2) subsection 286.3(1) (procuring),

  • (ix) paragraph 348(1)(d) (breaking and entering a dwelling-house),

  • (x) section 423.1 (intimidation of a justice system participant or journalist),

  • (xi) section 431 (attack on premises, residence or transport of internationally protected person),

  • (xii) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),

  • (xiii) subsection 431.2(2) (explosive or other lethal device),

  • (xiv) section 467.11 (participation in activities of criminal organization),

  • (xiv.1) section 467.111 (recruitment of members — criminal organization),

  • (xv) section 467.12 (commission of offence for criminal organization), and

  • (xvi) section 467.13 (instructing commission of offence for criminal organization),

  • (xvi.1) to (xx) [Repealed, 2005, c. 25, s. 1]

• (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,

  • (i) section 144 (rape),

  • (i.1) section 145 (attempt to commit rape),

  • (ii) section 146 (sexual intercourse with female under fourteen and between fourteen and sixteen),

  • (iii) section 148 (sexual intercourse with feeble-minded, etc.),

  • (iv) section 149 (indecent assault on female),

  • (v) section 156 (indecent assault on male),

  • (vi) section 157 (acts of gross indecency), and

  • (vii) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in subparagraphs (i) to (vi),

• (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

  • (i) subsection 146(1) (sexual intercourse with a female under age of 14),

  • (ii) subsection 146(2) (sexual intercourse with a female between ages of 14 and 16),

  • (iii) section 153 (sexual intercourse with step-daughter),

  • (iv) section 157 (gross indecency),

  • (v) section 166 (parent or guardian procuring defilement), and

  • (vi) section 167 (householder permitting defilement),

• (c.01) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

  • (i) section 246.1 (sexual assault),

  • (ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

  • (iii) section 246.3 (aggravated sexual assault),

• (c.02) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

  • (i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

  • (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

  • (iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

  • (iv) subsection 212(4) (prostitution of person under 18 years),

• (c.03) an offence under any of paragraphs 212(1)(a) to (h) (procuring) of this Act, as they read from time to time before the day on which this paragraph comes into force,

• (c.1) an offence under any of the following provisions of the Security of Information Act, namely,

  • (i) section 6 (approaching, entering, etc., a prohibited place),

  • (ii) subsection 20(1) (threats or violence), and

  • (iii) subsection 21(1) (harbouring or concealing), and

• (d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.03); (infraction primaire)

provincial court judge

provincial court judge, in relation to a young person, includes a youth justice court judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act; (juge de la cour provinciale)

secondary designated offence

secondary designated offence means an offence, other than a primary designated offence, that is

• (a) an offence under this Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more,

• (a.1) an offence under any of the following provisions of the Cannabis Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more:

  • (i) section 9 (distribution and possession for purpose of distributing),

  • (ii) section 10 (selling and possession for purpose of selling),

  • (iii) section 11 (importing and exporting and possession for purpose of exporting),

  • (iv) section 12 (production),

  • (v) section 13 (possession, etc., for use in production or distribution of illicit cannabis), and

  • (vi) section 14 (use of young person),

• (b) an offence under any of the following provisions of the Controlled Drugs and Substances Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more:

  • (i) section 5 (trafficking in substance and possession for purpose of trafficking),

  • (ii) section 6 (importing and exporting), and

  • (iii) section 7 (production of substance),

• (c) an offence under any of the following provisions of this Act:

  • (i) section 145 (escape and being at large without excuse),

  • (i.1) section 146 (permitting or assisting escape),

  • (i.2) section 147 (rescue or permitting escape),

  • (i.3) section 148 (assisting prisoner of war to escape),

  • (i.4) and (ii) [Repealed, 2010, c. 17, s. 3]

  • (iii) subsection 173(1) (indecent acts),

  • (iv) [Repealed, 2018, c. 21, s. 18]

  • (v) section 264 (criminal harassment),

  • (vi) section 264.1 (uttering threats),

  • (vii) section 266 (assault),

  • (viii) section 270 (assaulting a peace officer),

  • (viii.1) subsection 286.1(1) (obtaining sexual services for consideration),

  • (viii.2) subsection 320.16(1) (failure to stop after accident),

  • (ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house),

  • (x) section 349 (being unlawfully in dwelling-house), and

  • (xi) section 423 (intimidation),

• (d) an offence under any of the following provisions of the Criminal Code, as they read from time to time before July 1, 1990:

  • (i) section 433 (arson), and

  • (ii) section 434 (setting fire to other substance),

• (d.1) an offence under section 252, as it read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force,

• (d.2) an offence under any of sections 249, 249.1, 249.2, 249.3, 249.4, 253, 254 and 255, as they read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, that may be prosecuted by indictment or, for section 487.051 to apply, is prosecuted by indictment, and

• (e) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit

  • (i) an offence referred to in paragraph (a) or (b) — which, for section 487.051 to apply, is prosecuted by indictment, or

  • (ii) an offence referred to in any of paragraphs (c) to (d.2); (infraction secondaire)

Young Offenders Act

Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985; (Loi sur les jeunes contrevenants)

young person

young person has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act, as the case may be. (adolescent)