Offences by Category: Difference between revisions

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Revision as of 13:51, 6 April 2021

Offences

See also: Offences by Penalty

Public Order Offences (Part II)

[Pt. II – Offences Against Public Order (ss. 46 to 83)]:

Offence Section Minimums Maximums Mandatory
Consecutive Time
High Treason 46(1), 47(1) and 745 25 years without parole Life No
Treason (overthrow gov't) s. 47 (2)(a), (c), or (d) and 745 None Life
Treason (espionage while at war) s. 47 (2)(b) or (e) and 745 None Life
Assist alien enemy 50(1)(a) and 50(2) None 14 years No
Omission to prevent treason 50(1)(b) and 50(2) None 14 years No
Intimidating Parliament 51 None 14 years
Sabotage
From September 19, 2019
52(1) None
Inciting to mutiny 53 None 14 years
Assisting deserter 54
Offences respecting RCMP members 56 None
Procuring Identity Documents 56.1 None
Forgery of or uttering forged passport 57(1) None 14 years
False information respecting passport 57(2) None
Possession of forged passport
From September 19, 2019
57(3) None
Fraudulent use of citizenship certificate
From September 19, 2019
58(1) None
Sedition 61 None 14 years
Offences respecting military stores
From September 19, 2019
62 None
Participating in a riot
From September 19, 2019
65(1) None
Concealing identity during a riot
From September 19, 2019
65(2) None
Unlawful assembly 66(1) None
Concealment of identity during an unlawful assembly 66(2) None
Interfering with reading of riot proclamation or refusing to cease participation in riot 68 None
Peace officer’s neglect in riot situation
From September 19, 2019
69 None
Unlawful training or drilling of milita
From September 19, 2019
70 None
Forcible entry or forcible detainer 72 and 73 None
Piracy by law of nations 74 None
Piratical acts 75 None 14 years
Hijacking 76 None
Endangering safety of aircraft or airport 77 None
Offensive weapons and explosives on aircraft 78 None 14 years
Seizing control of ship or fixed platform 78.1(1) None
Violent act on board a shop or platform 78.1(2) None
False information re safe navigation 78.1(3) None
Threats to commit offences at 78.1(2) 78.1(4) None
Breach of duty of care re explosives endangering life 80(a) None
Breach of duty of care re explosives risking bodily harm 80(b) None 14 years
Intending to cause explosion or use corrosive substance with intent to cause death or serious harm 81(1)(a), (b) and 81(2)(a) None
Possession of explosive with intent to destroy property or intent to endanger life 81(1)(c),(d) and 81(2)(b) None
Possession of explosive without lawful excuse
From September 19, 2019
82(1) None
Possession of explosive for criminal organization 82(2) None 14 years Yes (s. 82.1)
Possession, etc., of nuclear material, radioactive material or device 82.3
Use or alteration of nuclear material, radioactive material or device 82.4
Commission of indictable offence to obtain nuclear material, etc. 82.4
Threats to commit an offence relating to nuclear materials 82.6 None 14 years No
Prize fights 83(1)

Terrorism Offences (Part II.1)

[Pt. II.1 – Terrorism (ss. 83.01 to 83.33)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Committing an Offence for a Terrorist Group 83.2 None
Provide or collect property to further terrorism 83.02 None
Provide property or services to further terrorism 83.03 None
Use or possession of property to further terrorism 83.04 None
Offences re freezing of property, disclosure or audit relative to terrorism
From September 19, 2019
83.12 1 year jail with priors $100,000 and/or 2 years less a day
Participation in terrorist activity 83.18 None
Facilitating terrorist activity 83.19(1) None
Instructing activity for terrorist group 83.21(1) None
Instructing terrorist activity 83.22(1) None
Harbouring or concealing terrorist who committed an offence with maximum penalty of life 83.23(1)(a) None
Harbouring or concealing terrorist who committed an offence with maximum penalty of 14 years or less 83.23(1)(b) None
Harbouring or concealing person who is likely to carry out terrorist activity 83.23(2) None
Leaving Canada to participate in activity of terrorist group 83.181 None
Leaving Canada to facilitate terrorist activity 83.191 None
Participating in Terrorist Activity (Offence)|Leaving Canada to commit offence for terrorist group 83.201 None
Leaving Canada to commit offence that is terrorist activity 83.202 None
Counselling commission of terrorism offence 83.221 None
Hoax re terrorist activity (no bodily harm or death)
From September 19, 2019
83.231(2) None
Hoax re terrorist activity (bodily harm not death)
From September 19, 2019
83.231(3) None
Hoax re terrorist activity (causing death) 83.231(4) None

Weapons Offences (Part III)

[Pt. III – Firearms and Other Weapons (ss. 84 to 117.15)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Using firearm in commission of offence 85(1) 1 year or 3 years with prior
Using an imitation firearm in commission of offence 85(2) 1 year or 3 years with prior
Unsafe Storage or Careless Use of a Firearm - on second or more convictions 86(1), (2) None
Unsafe Storage or Careless Use of a Firearm - on first conviction 86(1),(2) None
Pointing a firearm 87(2) None
Possession of a weapon for purpose dangerous 88(1) None
Carrying weapon while attending public meeting 89(2) None
Carrying concealed weapon 90(2) None
Unauthorized possession of firearm 91(1) None
Unauthorized possession of prohibited weapon or restricted weapon 91(2) None
Possession of firearm knowing its possession is unauthorized 92(1) 1 year (if one prior); 2 years less a day (if two or more prior)
Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized 92(2) 1 year (if one prior); 2 years less a day (if two or more prior)
Possession of weapon or firearm at unauthorized place 93(2) None
Unauthorized possession of weapon or firearm in vehicle 94(1) None
Possession of prohibited or restricted weapon with ammunition 95(2) 3 or 5 years with prior
Possession of weapon obtained by crime 96(2) 1 year (I)
Robbery to steal firearm 98.1 None
Break and enter to steal firearm 98(4) None
Weapons Trafficking (with any aggravating elements made out) 99(2)(a) and 99(2)(b) 3 or 5 years jail with prior
Weapons trafficking (w/out aggravating factors) 99(3) 1 year
Possession for purpose of weapons trafficking (with any aggravating elements made out) 100(2)(a) and 100(2)(b) 3 or 5 years jail with prior
Possession for purpose of weapons trafficking ((w/out aggravating factors) 100(3) 1 year
Transfer of firearm without authority 101(2) None
Assembling automatic firearm 102(2) 1 year (on Indictment) 1 year
Knowingly importing or exporting unauthorized firearms (w/out aggravating factors) 103(2.1) 1 year jail
Knowingly importing or exporting of unauthorized firearms (with aggravating factors) 103(2)(a) and 103(2)(b) 3 or 5 years jail with prior
Unauthorized importing or exporting firearms 104(2) None
Offences re lost, destroyed, defaced weapons 105(2) None
Destruction of weapons offences re report 106(2) None
False statements respecting firearms 107(2) None
Tampering with firearm serial number 108(2) None
Possession of firearm contrary to prohibition order 117.01(3) None

Administration of Justice Offences (Part IV)

[Pt. IV – Offences Against the Administration of Law and Justice (ss. 118 to 149)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Bribery of judicial officers or member of a legislature 119(1) None
Bribery of public officers 120 None
Selling, etc., of tobacco products and raw leaf tobacco
From September 19, 2019
121.1 90, 180, or 2 years less a day (with prior conviction(s))
Fraud on government
From September 19, 2019
121(3) None
Breach of trust by public officer
From September 19, 2019
122 None
Bribing municipal official
From September 19, 2019
123(1) None
Influencing municipal official
From September 19, 2019
123(2) None
Selling or purchasing office
From September 19, 2019
124 None
Influencing appointment in office
From September 19, 2019
125 None
Disobeying a statute where no other set sentence
From September 19, 2019
126(1) None
Disobey order of Court 127(1) None
Misconduct by officers executing process
September 19, 2019
128 None
Offences relating to public or peace officers 129 None
Personation of peace officer 130 None
Perjury 131, 132 None
False statement 134(1) None
Witness giving contradictory evidence 136(1) None
Fabricating 137 None
False affidavits
From September 19, 2019
138 None
Obstruct justice (aggravating elements of 139(2) not being made out) 139(1) None
Obstruct justice with elements of aggravation
From September 19, 2019
139(2) None
Public mischief 140(2) None
Compounding indictable offence
From September 19, 2019
141(1) None
Corruptly taking reward
From September 19, 2019
142 None
Prison Breach
From September 19, 2019
144 None
Escape and being at large without excuse 145(1) None
Failure to attend court or surrender
From December 18, 2019
145(2) None
Failure to comply with appearance notice or summons
From December 18, 2019
145(3) None
Failure to comply with undertaking
From December 18, 2019
145(4) None
Failure to comply with release order
From December 18, 2019
145(5) None
Permitting or assisting escape
From September 19, 2019
146 None
Rescue or permitting escape
From September 19, 2019
147 None
Aid prisoner of war to escape
From September 19, 2019
148 None

Sexual Offences and Disorderly Offences (Part V)

[Pt. V – Sexual Offences, Public Morals and Disorderly Conduct (ss. 150 to 182)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Offence Section Minimums Maximums Mandatory
Consecutive Time
Sexual interference 151
Sexual interference
From July 17, 2015
151
Invitation to sexual touching 152 1 year or less jail
Invitation to sexual touching
From July 17, 2015
152
Sexual exploitation of persons with disability
From September 19, 2019
153.1(1) None
Sexual exploitation
From July 17, 2015
153(1.1)
Bestiality 160(1) None
Compelling bestiality 160(2) None
Bestiality in presence of child
From July 17, 2015
160(3)
Breach of 161 prohibition order
From September 19, 2019
161(4) None
Distribution of intimate images 162.1(1) None
Breach of s. 162.2 Internet Prohibition Order
From September 19, 2019
162.2(4) None
Voyeurism 162(1) None
Distribution of voyeurism material 162(4) None
Corrupting morals 163 and 169 None
Making of child pornography
after July 17, 2015
163.1(2) 1 year
Distribution child pornography
after July 17, 2015
163.1(3) 1 year
Accessing of Child Pornography
From July 17, 2015
163.1(4.1) 1 year / 6 months
Accessing of Child Pornography
August 9, 2012 to July 17, 2015
163.1(4.1)
Accessing of Child Pornography
November 1, 2005 to August 9, 2012
163.1(4.1)
Possession of Child Pornography
From July 17, 2015
163.1(4) 1 year / 6 months
Possession of Child Pornography
August 9, 2012 to July 17, 2015
163.1(4)
Possession of Child Pornography
November 1, 2005 to August 9, 2012
163.1(4)
Immoral theatrical performance 167 and 169 None
Mailing obscene matter 168 and 169 None
Parent or guardian procuring sexual activity under 16
From July 17, 2015
170
Householder permitting sexual activity under 18
From July 17, 2015
171
Making sexually explicit material available to child 171.1(2)
Luring a child
From July 17, 2015
172.1(2)
Agreement or arrangement — sexual offence against child
From July 17, 2015
172.2
Corrupting children
From September 19, 2019
172(1) None
Indecent act
From September 19, 2019
173(1) None
Indecent exposure 173(2)
Nudity 174(1)
Causing a Disturbance 175(1)
Disturb religious worship 175(2) and 175(3)
Obstructing or violence to or arrest of officiating clergyman
From September 19, 2019
176(1)
Disturbing religious worship or certain meetings 176(2)
Disturbing disturbs the order or solemnity of a meeting 176(3)
Trespassing at Night 177
Offensive volatile substance 178
Common nuisance
From September 19, 2019
180(1)
Indignity or neglect of dead body
From September 19, 2019
182

Invasion of Privacy Offences (Part VI)

[Pt. VI – Invasion of Privacy (ss. 183 to 196.1)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Interception of private communication
From September 19, 2019
184(1) None
Interception of radio-based telephone communications
From September 19, 2019
184.5(1) None
Possession of equipment for wiretapping illegally
From September 19, 2019
191(1) None
Disclosure of information from wiretap
From September 19, 2019
193(1) None
Disclosure of information from wiretap
From September 19, 2019
193.1(1) None

Disorderly Houses, Gaming and Betting (Part VII)

[Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Keeping gaming or betting house
From September 19, 2019
201(1) None
Found in in common gaming or betting house 201(2) None
Book-making (if no prior offences) 202(2)(a) None
Book-making 202(2)(b) and 202(2)(c) 14 days or 3 months jail
Placing bets for others (if no prior offences) 203(d) None
Placing bets for others 203(e) and 203(f) 14 days or 3 months jail
Breach of gambling rules and regulations 204(10) None
Offence in relation to lotteries and games of chance
From September 19, 2019
206(1) None
Lottery offence involving ticket 206(4) None
Offences involving management of permitted lottery scheme (on ship) 207.1(3)(a) None
Offences involving permitted lottery scheme (on ship) 207.1(3)(b) None
Offences involving management of permitted lottery scheme 207(3)(a) None
Offences involving permitted lottery scheme 207(3)(b) None
Cheating at play
From September 19, 2019
209 None
Soliciting Near Children 213(1.1) None
Stopping or Impeding Traffic by Prostitution 213(1) None

Offences Against the Person (Part VIII)

[Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Failure to provide necessaries of life
From September 19, 2019
215(3) None
Abandoning child
From September 19, 2019
218 None
Causing death by criminal negligence (involving the use of a firearm) 220(a) 4 years imprisonment Life No
Negligence causing death (no firearm) 220(b) None Life No
Criminal negligence causing bodily harm
From September 19, 2019
221 None
First Degree Murder 235 and 745 25 years without parole Life Varies
Second Degree Murder (with prior conviction for murder, war crimes or crimes against humanity) 235 and 745 25 years without parole Life Varies
Second Degree Murder 235 and 745 10 years without parole Life Varies
Manslaughter (Failure to safeguard ice opening or excavation resulting in death) 236, 263(3)(a) None No
Manslaughter (involving use of a firearm) 236(a) 4 years Life No
Manslaughter (not involving use of a firearm) 236(b) None Life No
Infanticide
From September 19, 2019
237 None
Killing unborn child in act of birth 238 None
Attempt to commit murder (use of a firearm which is not a restricted or prohibited firearm) 239(1)(a.1) 4 years
Attempted Murder (with restricted or prohibited firearm) 239(1)(a)(i) and (ii) 5 or 7 years with prior
Attempt to commit murder (no use of a firearm) 239(1)(b) None
Accessory after fact to murder 240 None
Counselling suicide 241 None
Failure to comply with safeguards
From September 19, 2019
241.3 None
Forgery or destruction of documents re assisted dying
From September 19, 2019
241.4 None
Neglect to obtain assistance and concealing birth
From September 19, 2019
242 None
Concealing body of child
From September 19, 2019
243 None
Causing bodily harm with air gun with intent 244.1 None
Discharging firearm — recklessness (without aggravating factors) 244.2 4 years jail
Discharging firearm — recklessness (with aggravating factors 244.2 Minimum of 5 or 7 years with prior
Discharging firearms with intent to wound (with aggravated factors) 244(2)(a)(i) and (ii) Minimum of 5 or 7 years with prior
Discharging firearms with intent to wound, maim, etc. (without aggravating factors) 244(2)(b) 4 years jail
Administer noxious thing with intent to endanger life 245(1)(a) None
Overcoming resistance to commission of offence 246 None
Set trap likely to cause bodily harm 247(1) None
Keep trap and cause death in place to commit offence
From September 19, 2019
247(1) and 247(5) None
Set trap and actually cause bodily harm
From September 19, 2019
247(2) None
Keep trap to cause bodily harm to commit offence
From September 19, 2019
247(3) None
Keep trap and cause bodily harm in place to commit offence 247(4) None
Interfere with transportation likely to cause death 248 None
Utter threats to cause death or bodily harm
From September 19, 2019
264.1(2) None
Utter threats to destroy property or animals 264.1(3) None
Criminal Harassment 264(3) None
Assault 266 None
Assault with a Weapon
From September 19, 2019
267(a) None
Assault Causing Bodily Harm
From September 19, 2019
267(b) None
Aggravated Assault 268 None
Unlawfully cause bodily harm
From September 19, 2019
269 None
Unlawfully cause bodily harm (failure to safeguard ice opening or excavation causing bodily harm) 269, 263(3)(b)
Torture 269.1 None
Assault of peace officer with a weapon or causing bodily harm
From September 19, 2019
270.01 None
Disarming a peace officer
From September 19, 2019
270.1 None
Aggravated assault of peace officer 270.02 None
Assaulting a peace officer 270(1) and (2) None
Sexual Assault - victim under 16 years
From July 17, 2015
271 1 year
Sexual Assault, victim 16 years old or greater
From August 9, 2012
271(a) None
Sexual assault with a firearm that is not restricted, etc, threats to a third party or causing bodily harm 272(2)(a.1) 4 years jail
Sexual assault with a weapon or causing bodily harm, victim under 16
From July 17, 2015
272(2)(a.2) 5 years jail
Sexual Assault Sexual assault with restricted firearm etc weapon, threats to a third party or causing bodily harm 272(2)(a) Minimum of 5 or 7 years with prior
Sexual assault with a weapon (no aggravating elements) 272(2)(b) None
Sexual assault with weapon that is not a firearm, threats to a third party or causing bodily harm 272(2)(b) None
Sexual assault causing bodily harm (no aggravating elements) 272(2)(b) None
Removal of child from Canada 273.3(2) None
Aggravated sexual assault with a non restricted firearm 273(2)(a.1) 4 years
Aggravated sexual assault victim under 16 years
From November 6, 2012
273(2)(a.2) 5 years jail
Aggravated sexual assault with restricted firearm or for a criminal organization 273(2)(a)(i) and (ii) 5 or 7 years with prior
Aggravated sexual assault without a firearm 273(2)(b) None
Breach of publication prohibition re 276.1 applications 276.3(2) None
Breach of publication prohibition re s. 278.3 applications 278.9(2) None
Kidnapping, trafficking in persons, hostage taking and abduction with a non-restricted firearm 279(1.1)(a.1) 4 years
Kidnapping, trafficking in persons under the age of 16, hostage taking and abduction
July 17, 2015
279(1.1)(a.2)
Kidnapping, trafficking in persons under the age of 16, hostage taking and abduction
From June 23, 2013
279(1.1)(a.2)
Kidnapping, trafficking in persons, hostage taking and abduction with restricted firearm etc or for a criminal organization 279(1.1)(a)(i) and (ii) 5 or 7 years with prior
Kidnapping, trafficking in persons, hostage taking and abduction without a firearm 279(1.1)(b) None
Unlawful confinement, imprisonment, seizure
From September 19, 2019
279(2) None
Trafficking in persons (kidnap, aggravated assault, aggravated sexual assault, or death) 279.01(1)(a) 5 years
Trafficking in persons (without enumerated aggravating factors) 279.01(2) 4 years imprisonment
Trafficking in persons under the age of 18 years (kidnap, aggravated assault, aggravated sexual assault, or death) 279.011(a) 6 years
Trafficking in persons under the age of 18 years (without enumerated aggravating factors) 279.011(b) 5 years
Profiting from trafficking in persons
From September 19, 2019
279.02(1) None
Profiting from trafficking in persons 279.02(2) 2 years imprisonment
Withholding or destroying documents in respect of human trafficking - victim 18 years and above
From September 19, 2019
279.03(1) None
Withholding or destroying documents in respect of human trafficking, persons under 18 years 279.03(2) 1 year
Hostage taking with a non-restricted firearm 279.1(2)(a.1) 4 years
Hostage taking with restricted firearm or for benefit of criminal organization 279.1(2)(a)(i) and (ii) 5 or 7 years with prior
Hostage taking (without aggravating elements) 279.1(2)(b) None
Abduction of person under fourteen (other than parent or guardian)
From September 19, 2019
281 None
Abduction in contravention of custody order 282(1) None
Abduction (by parent or guardian) 283(1) None
Obtaining sexual services for consideration
From September 19, 2019
286.1(1) $2,000 or $4,000 (if near persons under 18 years)
Obtaining sexual services for consideration from person under 18 years 286.1(2) 6 months or 1 year
Material benefit from sexual services
From September 19, 2019
286.2(1) None
Material benefit from sexual services — person under 18 years 286.2(2) 2 years jail
Procuring — person 18 years or over 286.3 None
Procuring — person under 18 years 286.3 5 years jail
Advertising sexual services
From September 19, 2019
286.4 None
Bigamy
From September 19, 2019
291(1) None
Procuring feigned marriage
From September 19, 2019
292(1) None
Forced marriage
From September 19, 2019
293.1 None
Marriage under age of 16 years
From September 19, 2019
293.2 None
Polygamy
From September 19, 2019
293(1) None
Pretending to solemnize marriage
From September 19, 2019
294 None
Solemnizing marriage contrary to law
From September 19, 2019
295 None
Publishing defamatory libel knowing it to be false
From September 19, 2019
300 None
Publishing defamatory libel (not aggravating under s. 300)
From September 19, 2019
301 None
Extortion by libel
From September 19, 2019
302(3) None
Hate propaganda 318(1) None
Public incitement of hatred 319(1) None
Wilful promotion of hatred 319(2) None

Offences Relating to Conveyances (Part VIII.1)

[Pt. VIII.1 – Offences Relating to Conveyances (ss. 320.11 to 320.4)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Dangerous operation of a conveyance
From December 18, 2018
320.13(1), 320.19(5) None
Dangerous Operation When Accident Causes Bodily Harm
From December 18, 2018
320.13(2), 320.2
Dangerous operation when accident causes death
From December 18, 2018
320.13(3), 320.21
Operation While Impaired by Drug or Alcohol
From December 18, 2018
320.14(1)(a), 320.19(1)
Operation While Over 80 BAC
From December 18, 2018
320.14(1)(b), 320.19(1)
Operation While Blood Drug Exceeds Regs re Drugs
From December 18, 2018
320.14(1)(c), 320.19(1)
Operation While Blood Drug Exceeds Regs re Drugs
From December 18, 2018
320.14(1)(d), 320.19(1)
Operation while impaired and causing bodily harm
From December 18, 2018
320.14(2), 320.2
Operation While Impaired or Blood Concentration Over and Causing Death
From December 18, 2018
320.14(3), 320.21
Operation with low blood drug concentration
From December 18, 2018
320.14(4) None
Refusal
From December 18, 2018
320.15(1), 320.19(1), (4)
Refusal
From December 18, 2018
320.15(2), 320.2
Refusal When Accident Resulting in Death
From December 18, 2018
320.15(3), 320.21
Failure to Stop at Accident
From December 18, 2018
320.16 (1), 320.19(5)
Failure to Stop After Accident Resulting in Bodily Harm
From December 18, 2018
320.16 (2), 320.2
Failure to stop after accident resulting in death
From December 18, 2018
320.16(3), 320.21
Flight from peace officer
From December 18, 2018
320.17, 320.19(5) None
Operation While Prohibited
From December 18, 2018
320.18, 320.19(5) None

Property Offences (Part IX)

[Pt. IX – Offences Against Rights of Property (ss. 321 to 378)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Possession, etc., of device to obtain use of telecommunication facility or telecommunication service
From ??
327(1) None
Motor vehicle theft
From September 19, 2019
333.1 6 months (w/ two priors)
Theft over $5,000 or testamentary instrument 334(a) None
Theft under $5,000 or not of testamentary instrument 334(b) None
Take auto without consent 335(1) None
Breach of trust 336 None
Fraud respecting cattle
From September 19, 2019
338(1) None
Theft of cattle
From September 19, 2019
338(2) None
Drift timber fraud
From September 19, 2019
339(1) None
Unlawful timber marks dealings 339(2) None
Destroying documents of title
From September 19, 2019
340 None
Fraudulent concealment
From September 19, 2019
341 None
Instruments for credit card fraud 342.01(1) None
Unauthorized use of computer 342.1(1) None
Possession of device to obtain computer service 342.2(1) None
Theft, forgery of credit card 342(1) None
Credit card data offence 342(3) None
Robbery 344 None
Robbery with non restricted firearm 344(1)(a.1)
Robbery with restricted firearm or for benefit of criminal organization 344(1)(a)(i) and (ii) 5 or 7 years with prior
Stopping mail with intent to obtain 345 None
Extortion (with non restricted firearm) 346(1.1)(a.1)
Extortion (with restricted firearm or for the benefit of a criminal organization) 346(1.1)(a)(i) and (ii) 5 or 7 years with prior
Extortion (no firearm or other aggravating facts) 346(1.1)(b) None
Criminal interest rate 347(1)
Criminal interest rate
From September 19, 2019
347(1) None
Break and Enter into a Dwelling House 348(1)(d) None
Break and enter of a non dwelling-house 348(1)(e) None
Unlawfully in a dwelling-house 349(1) None
Possession of break-in instruments 351(1) None
Disguise with intent
From September 19, 2019
351(2) None
Possession of instruments to break into coin machines
From September 19, 2019
352 None
Sale of automobile master key
From September 19, 2019
353(1) None
Failure to record sale of automobile master key 353(4)
Tampering with vehicle identification number 353.1 None
Trafficking in stolen property over $5,000 355.2, 355.5 None
Trafficking in stolen property no more than $5,000 355.2, 355.5 None
Poss'n for the purpose of trafficking in stolen property over $5,000 355.4, 355.5 None
Poss'n for the purpose of trafficking in stolen property no more than $5,000 355.4, 355.5 None
Possession of stolen goods over $5,000 or testamentary instrument 355(a) None
Possession of stolen goods under $5,000 and not of testamentary instrument 355(b) None
Theft from mail 356(1) None
Miscellaneous Offences Against Property|Theft from Mail 356(3) None
Bring into Canada property obtained by crime
From September 19, 2019
357 None
False pretence over $5,000 or involving a testamentary instrument
From September 19, 2019
362(2)(a) None
False pretence not over $5,000 and not involving a testamentary instrument 362(2)(b) None
Obtaining execution of valuable security by fraud
From September 19, 2019
363 None
Fraud in obtaining food, beverage or lodging 364(1) None
Forgery 366, 367 None
Possess, use, traffic, etc in forgery instruments 368.1 None
Utter forged document 368(1) None
Offence involving exchequer bill paper, public seal 369 None
False message
From March 9, 2015
372(1) None
Indecent phone call 372(2) None
Harassing telephone call 372(3) None
Drawing document without authority 374 None
Obtaining instrument based on forged document 375 None
Counterfeiting stamp 376(1) None
Counterfeiting mark 376(2) None
Damaging documents
From September 19, 2019
377(1) None
Offences in relation to registers
From September 19, 2019
378 None

Fraudulent Transactions (Part X)

[Pt. X – Fraudulent Transactions Relating to Contracts and Trade (ss. 379 to 427)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of s. 380.2 fraud prohibition order 380.2 None
Fraud Over $5,000
after September 1, 2004
380(1)(a) 2 years jail (over $1 mill., s. 380(1.1))
Fraud involving a testamentary instrument 380(1)(a) None
Fraud under $5,000 and not involving a testamentary instrument 380(1)(b) None
Fraud affecting public markets of stocks, etc. 380(2) None
Using mails to defraud
From September 19, 2019
381 None
Fraudulent manipulation of stock exchange deals
From September 19, 2019
382 None
Prohibited insider trading
From September 19, 2019
382.1(1) None
Passing on insider information 382.1(2) None
Gaming in stock or merchandise
From September 19, 2019
383(1) None
Broker reducing stock by selling for own account
From September 19, 2019
384 None
Fraudulent concealment of title documents
From September 19, 2019
385(1) None
Fraudulent registration of title
From September 19, 2019
386 None
Fraudulent sale of real property
From September 19, 2019
387 None
Misleading receipt
From September 19, 2019
388 None
Fraudulent disposal of goods on which $ advanced
From September 19, 2019
389(1) None
Fraudulent receipts under Bank Act
From September 19, 2019
390 None
Disposal of property to defraud creditors
From September 19, 2019
392 None
Fraud in relation to fares
From September 19, 2019
393(1) None
Offering advantage to avoid paying fare
From September 19, 2019
393(2) None
Fraudulently obtaining transportation 393(3) None
Possession of stolen or fraudulently obtained valuable minerals
From September 19, 2019
394.1(3) None
Fraud in relation to valuable minerals by holder of lease or licence
From September 19, 2019
394(1) None
Sale of valuable mineral save by lawful authority
From September 19, 2019
394(2) None
Purchase of valuable mineral save from owner
From September 19, 2019
394(3) None
Offences in relation to mines
From September 19, 2019
396(1) None
Falsification of books and documents
From September 19, 2019
397(1) None
Participation in falsification of books and docs
From September 19, 2019
397(2) None
Falsifying employment record 398
False return by public officer
From September 19, 2019
399 None
False prospectus
From September 19, 2019
400(1) None
Obtaining carriage by false billing 401(1)
Identity theft 402.2(1) None
Trafficking in identity information 402.2(2) None
Personation with intent / Identity fraud 403 None
Acknowledging instrument in false name
From September 19, 2019
405 None
Forging a trade mark to deceive or defraud 407 and 412(1) None
Passing off wares or trademarks to deceive or defraud 408 and 412(1) None
Possession of instruments for forging trade marks 409 and 412(1) None
Other offences in relation to trade marks 410 and 412(1) None
Used goods sold without disclosure 411 and 412(1) None
Offences respecting wrecks 415 None
Applying or removing marks without authority
From September 19, 2019
417(1) None
Receiving or possessing public stores bearing mark 417(2) None
Sale of defective stores to Her Majesty 418(1) None
Participation in fraud re sale of defective stores 418(2) None
Unlawful use of military uniforms or certificates 419
Offences re military stores 420(1) None
Criminal breach of contract 422(1) None
Intimidation of a justice system participant 423.1 None
Intimidation 423(1) None
Threat against an internationally protected person
From September 19, 2019
424 None
Threat against U.N. or associated personnel
From September 19, 2019
424.1 None
Offences by employers re union activity 425
Threats and retaliation vs employees re union work 425.1(2) None
Secret commission
From September 19, 2019
426(3) None

Offences Relating to Certain Types of Property (Part XI)

[Pt. XI – Wilful and Forbidden Acts in Respect of Certain Property (ss. 428 to 447.1)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Mischief causing actual danger to life 430(2) None
Mischief over $5000 or involving testament 430(3) None
Mischief to religious building etc
From September 19, 2019
430(4.1) None
Mischief to cultural property 430(4.2) None
Mischief relating to war memorials
From September 19, 2019
430(4.11)
Mischief under $5000 and not involving testament 430(4) None
Mischief in special circumstances re danger to life, or to data or property 430(5.1) None
Mischief to data 430(5) None
Attack on premises, residence or transport of internationally protected person 431 None
Attack on premises, residence or transport of U.N. or associated personnel 431.1 None
Explosives offence re public or government facility 431.2(2) None
Unauthorized recording of a movie (not for profit) 432(1) None
Unauthorized recording of a movie (for profit) 432(2) None
Arson (disregard for human life) 433 None
Arson — damage to property 434 None
Arson causing damage to property (w/out disregard for life as in 433) 434 None
Arson causing damage to own property (w disregard for life as in 433) 434.1 None
Arson for fraudulent purpose
From September 19, 2019
435(1) None
Arson by negligence
From September 19, 2019
436(1) None
Possession of incendiary material
From September 19, 2019
436.1 None
False alarm of fire 437 None
Interference with saving of wrecked vessel
From September 19, 2019
438(1) None
Wilful interference with attempts to save wreck 438(2) None
Interference with marine signal 439(1) None
Interference with signal, buoy or sea-mark used for the purpose of navigation
From September 19, 2019
439(2) None
Remove natural bar without permission
From September 19, 2019
440 None
Occupant injuring building
From September 19, 2019
441 None
Interfere with boundary line 442 None
Interfere with international boundary line
From September 19, 2019
443(1) None
Injuring or endangering cattle 444(2) None
Killing or injuring law enforcement animals
From September 19, 2019
445.01(2)
Cruelty to animals
From September 19, 2019
445.1(2) None
Offences concerning aquatic mammals 445.2(5) None
Injuring or endangering other animals
From September 19, 2019
445(2) None
Causing damage or injury to animals
From September 19, 2019
446(2) None
Breach of prohibition order re possession of animals 447.1(2)
Arena for animal fighting
From September 19, 2019
447(2) None

Currency Offences (Part XII)

[Pt. XII – Offences Relating to Currency (ss. 448 to 462)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Make counterfeit money 449 None
Possession of counterfeit money 450 None
Having clippings for gold without justification
From September 19, 2019
451 None
Use of counterfeit money 452 None
Utter counterfeit coin
From September 19, 2019
453 None
Possession of slugs and tokens 454 None
Clip or utter coin 455 None
Deface current coin 456 None
Creating likeness of bank-notes 457(3) None
Possession of materials for counterfeiting 458 None
Conveying instruments for counterfeiting from mint 459 None

Proceeds of Crime (Part XII.2)

[Pt. XII.2 – Proceeds of Crime (ss. 462.3 to 462.5)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Laundering proceeds of crime 462.31(2) None
Breach of proceeds of crime restraint order 462.33(11)

Attempts, Conspiracy and Accessories (Part XIII)

[Pt. XIII – Attempts – Conspiracies – Accessories (ss. 463 to 467.2)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Attempt or accessory to indictable offence punishable by life imprisonment 463(a) None
Attempt or accessory to indictable offence punishable by 14 years 463(b) varies
Conspiracy to commit murder 465(1)(a) None
Conspiracy to commit an indictable offence punishable by less than 14 years 465(1)(b)(ii) None
Conspiracy to prosecute an innocent person for an offence punishable by life or 14 years 465(1))(b)(i) None
Participation in activities of criminal organization
From September 19, 2019
467.11(1) None
Commission of offence for criminal organization 467.12(1) None
Instructing commission of offence for criminal organization 467.13(1) None
Recruitment of members by a criminal organization 467.111 None
Recruitment of members under the age of 18 by a criminal organization 467.111 6 months

Special Procedure and Powers (Part XV)

[Pt. XV – Special Procedure and Powers (ss. 483 to 492.2)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of restriction on publication of search warrant (unconstitutional) 487.2 None
Use of seized bodily substances for other than DNA analysis 487.08(3) None
Breach of limited use order of DNA re 487.08(1.1) 487.08(4) None
Failure to comply with a preservation demand 487.0197 None
Financial institution that fails to comply with production order 487.0198 None
Failure to comply with a data preservation demand 487.0199 None
Failure to comply with DNA order 487.0552(1) None
Breach of Order of Restraint for Offence-related Property
From September 19, 2019
490.8 None
Breach of restraint order under 490.9 490.8(9) None
Breach of SOIRA order
From September 19, 2019
490.031(1) None
Breach of SOIRA order (false or misleading information)
From September 19, 2019
490.0311(a) None
Breach of SOIRA Order, failing to notify of identity and address 490.0312 None

Compelling Appearance of an Accused Before a Justice and Interim Release (Part XVI)

[Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of non-publication order from show cause 517(2) None

Procedure on Preliminary Inquiry (Part XVIII)

[Pt. XVIII – Procedure on Preliminary Inquiry (ss. 535 to 551)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of non-publication order at preliminary 539(3) None
Breach of restriction of publication of reports of preliminary inquiry 542(2) None

Procedure in Jury Trials and General Provisions (Part XX)

[Pt. XX – Procedure in Jury Trials and General Provisions (ss. 574 to 672)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of non-publication order in jury trial 648(2) None
Disclosure of jury information 649 None

Mental Disorder (Part XX.1)

[Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of limitation re information that prior verdict of NCR 672.37(3)
Order restricting publication re certain offences before Review Board 672.501(11) None

Procuring Attendance (Part XXII)

[Pt. XXII – Procuring Attendance (ss. 697 to 715.2)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Contempt of court 708

Sentencing (Part XXIII)

[Pt. XXIII – Sentencing (ss. 716 to 751.1)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of prohibition on use of bodily substance under a probation order 732.11 None
Breach of Probation
From September 19, 2019
733.1 None
Breach of prohibition on use of bodily substance under a conditional sentence order 742.31 None
Failure to comply with a custodial non-communication order
From September 19, 2019
743.21 None
First or Second Degree Murder (Young Offender) 745.1 5 to 7, 10 years (variable)

Dangerous Offenders and Long-Term Offenders (Part XXIV)

[Pt. XXIV – Dangerous Offenders and Long-Term Offenders (ss. 752 to 761)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of long-term supervision order
From September 19, 2019
753.3 None

Summary Convictions (Part XXVII)

[Pt. XXVII – Summary Convictions (ss. 785 to 840)]

Offence Section Minimums Maximums Mandatory
Consecutive Time
Breach of a prohibition on use or disclosure of bodily substance or results of analysis obtained by a peace bond 810.4(4) None
Breach of a recognizance (peace bond) order under s. 83.3 or 810 to 810.2
From September 19, 2019
811 None

Drug Offences

Offence Section Minimums Maximums Mandatory
Consecutive Time

Youth Criminal Justice Act Offences

Offence Section Minimums Maximums Mandatory
Consecutive Time
Inducing a Young Person 136 YCJA
Breach of a Youth Order 137, 138 YCJA

Repealed and Unconstitutional Offences

Offence Section Minimums Maximums Mandatory
Consecutive Time
Indecent Assault 149, 156
Sexual Intercourse with Step-Daughter 158
Gross Indecency
Abortion
Anal Intercourse
Counselling or Aiding Suicide
Procuring and Living on the Avails of Prostitution
Rape

Miscellaneous Offences by Topic

See also