SOIRA Designated Offences: Difference between revisions

From Criminal Law Notebook
m Text replacement - "\{\{fr\|([^\}\}]+)\}\}" to "fr:$1"
 
(10 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{Currency|January 2020}}
[[fr:Infractions_désignées_LERDS]]
{{Currency2|October|2023}}
{{LevelZero}}{{HeaderSOIRA}}
{{LevelZero}}{{HeaderSOIRA}}


Line 73: Line 74:
;Interpretation
;Interpretation
;Definitions
;Definitions
490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.032 {{AnnSec4|490.012 to 490.032}}.<br>
490.011 (1) The following definitions apply in this section and in sections 490.‍012 to 490.‍07 {{AnnSec4|490.012 to 490.07}}.<br>
{{ellipsis}}
{{ellipsis}}
'''"designated offence"''' means
'''"designated offence"''' means a '''"primary offence"''' or a '''"secondary offence"'''.
:(a) an offence under any of the following provisions:
{{ellipsis}}
::(i) subsection 7(4.1) (offence in relation to sexual offences against children),
'''"primary offence"''' means
::(ii) section 151 ([[Sexual Interference (Offence)|sexual interference]]),
:(a) an offence under any of the following provisions:
::(iii) section 152 ([[Invitation to Sexual Touching (Offence)|invitation to sexual touching]]),
::(i) subsection 7(4.‍1) ([[Extra-Territorial Jurisdiction of the Courts|offence in relation to sexual offences against children]]),
::(iv) section 153 ([[Sexual Exploitation (Offence)|sexual exploitation]]),
::(ii) section 151 ([[Sexual Interference (Offence)|sexual interference]]),
::(v) section 153.1 ([[Sexual Exploitation (Offence)|sexual exploitation of person with disability]]),
::(iii) section 152 ([[Invitation to Sexual Touching (Offence)|invitation to sexual touching]]),
::(vi) section 155 ([[Incest (Offence)|incest]]),
::(iv) section 153 ([[Sexual Exploitation (Offence)|sexual exploitation]]),
::(vi.01) subsection 160(1) ([[Bestiality (Offence)|bestiality]]),
::(v) section 153.‍1 ([[Sexual Exploitation (Offence)|sexual exploitation of person with disability]]),
::(vi.1) subsection 160(2) ([[Bestiality (Offence)|compelling the commission of bestiality]]),
::(vi) section 155 ([[Incest (Offence)|incest]]),
::(vii) subsection 160(3) ([[Bestiality (Offence)|bestiality in presence of or by a child]]),
::(vii) subsection 160(1) ([[Bestiality (Offence)|bestiality]]),
::(viii) section 163.1 ([[Child Pornography (Offence)|child pornography]]),
::(viii) subsection 160(2) ([[Bestiality (Offence)|compelling the commission of bestiality]]),
::(ix) section 170 ([[Parent or Guardian Procuring Sexual Activity (Offence)|parent or guardian procuring sexual activity]]),
::(ix) subsection 160(3) ([[Bestiality (Offence)|bestiality in presence of or by a child]]),
::(ix.1) section 171.1 ([[Making Sexually Explicit Materials Available to Child (Offence)|making sexually explicit material available to child]]),
::(x) section 162.‍1 ([[Distribution of Intimate Images (Offence)|publication, etc.‍, of an intimate image without consent]]),
::(x) section 172.1 ([[Child Luring (Offence)|luring a child]]),
::(xi) section 163.‍1 ([[Child Pornography (Offence)|child pornography]]),
::(x.1) section 172.2 ([[Agree or Arrange a Sexual Offence Against Child (Offence)|agreement or arrangement — sexual offence against child]]),
::(xii) section 170 ([[Parent or Guardian Procuring Sexual Activity (Offence)|parent or guardian procuring sexual activity]]),
::(xi) subsection 173(2) ([[Indecent Act (Offence)|exposure]]),
::(xiii) section 171.‍1 ([[Making Sexually Explicit Materials Available to Child (Offence)|making sexually explicit material available to child]]),
::(xii) to (xv) [Repealed, {{LegHistory10s|2014, c. 25}}, s. 25]
::(xiv) section 172.‍1 ([[Child Luring (Offence)|luring a child]]),
::(xvi) section 271 ([[Sexual Assault (Offence)|sexual assault]]),
::(xv) section 172.‍2 ([[Agree or Arrange a Sexual Offence Against Child (Offence)|agreement or arrangement — sexual offence against child]]),
::(xvii) section 272 ([[Sexual Assault with a Weapon or Causing Bodily Harm (Offence)|sexual assault with a weapon, threats to a third party or causing bodily harm]]),
::(xvi) subsection 173(2) ([[Indecent Act (Offence)|exposure]]),
::(xviii) paragraph 273(2)(a) ([[Aggravated Sexual Assault (Offence)|aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization]]),
::(xvii) section 271 ([[Sexual Assault (Offence)|sexual assault]]),
::(xviii.1) paragraph 273(2)(a.1) ([[Aggravated Sexual Assault (Offence)|aggravated sexual assault — use of a firearm]]),
::(xviii) section 272 ([[Sexual Assault with a Weapon or Causing Bodily Harm (Offence)|sexual assault with a weapon, threats to a third party or causing bodily harm]]),
::(xix) paragraph 273(2)(b) ([[Aggravated Sexual Assault (Offence)|aggravated sexual assault]]),
::(xix) section 273 ([[Aggravated Sexual Assault (Offence)|aggravated sexual assault]]),
::(xx) subsection 273.3(2) ([[Abduction of a Young Person (Offence)|removal of a child from Canada]]),
::(xx) subsection 273.‍3(2) ([[Abduction of a Young Person (Offence)|removal of a child from Canada]]),
::(xxi) section 279.011 ([[Trafficking in Persons (Offence)|trafficking  —  person under 18 years]]),
::(xxi) section 279.‍011 ([[Trafficking in Persons (Offence)|trafficking — person under 18 years]]),
::(xxii) subsection 279.02(2) ([[Trafficking in Persons (Offence)|material benefit  —  trafficking of person under 18 years]]),
::(xxii) subsection 279.‍02(2) ([[Trafficking in Persons (Offence)|material benefit — trafficking of person under 18 years]]),
::(xxiii) subsection 279.03(2) ([[Trafficking in Persons (Offence)|withholding or destroying documents  —  trafficking of person under 18 years]]),
::(xxiii) subsection 279.‍03(2) ([[Trafficking in Persons (Offence)|withholding or destroying documents — trafficking of person under 18 years]]),
::(xxiv) subsection 286.1(2) ([[Commodification of Sexual Services (Offence)|obtaining sexual services for consideration from person under 18 years]]),
::(xxiv) subsection 286.‍1(2) ([[Commodification of Sexual Services (Offence)|obtaining sexual services for consideration from person under 18 years]]),
::(xxv) subsection 286.2(2) ([[Commodification of Sexual Services (Offence)|material benefit from sexual services provided by person under 18 years]]), and
::(xxv) subsection 286.‍2(2) ([[Commodification of Sexual Services (Offence)|material benefit from sexual services provided by person under 18 years]]), and
::(xxvi) subsection 286.3(2) ([[Commodification of Sexual Services (Offence)|procuring  — person under 18 years]]);
::(xxvi) subsection 286.‍3(2) ([[Commodification of Sexual Services (Offence)|procuring — person under 18 years]]);
:(b) an offence under any of the following provisions:
 
::(i) section 162 ([[Voyeurism (Offence)|voyeurism]]),
:(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:
::(i.1) subsection 173(1) ([[Indecent Act (Offence)|indecent acts]]),
::(i) section 144 ([[Rape (Repealed Offence)|rape]]),
::(ii) section 177 ([[Trespassing at Night (Offence)|trespassing at night]]),
::(ii) section 145 ([[Rape (Repealed Offence)|attempt to commit rape]]),
::(iii) [Repealed, {{LegHistory10s|2019, c. 25}}, s. 202]
::(iii) section 149 ([[Indecent Assault (Repealed Offence)|indecent assault on female]]),
::(iii.1) section 231 ([[Murder (Offence)|murder]]),
::(iv) section 156 ([[Indecent Assault (Repealed Offence)|indecent assault on male]]), and
::(iv) section 234 ([[Manslaughter (Offence)|manslaughter]]),
::(v) subsection 246(1) ([[History of Assault Peace Officer|assault with intent]]) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);
::(v) paragraph 246(b) ([[Overcoming Resistance (Offence)|overcoming resistance to commission of offence]]),
 
::(vi) section 264 ([[Criminal Harassment (Offence)|criminal harassment]]),
:(c) 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:
::(vii) section 279 ([[Kidnapping and Unlawful Confinement (Offence)|kidnapping]]),
::(i) section 246.‍1 ([[History of Sexual Assault|sexual assault]]),
::(vii.1) section 279.01 ([[Trafficking in Persons (Offence)|trafficking in persons]]),
::(ii) section 246.‍2 ([[History of Sexual Assault with a Weapon or Causing Bodily Harm|sexual assault with a weapon, threats to a third party or causing bodily harm]]), and
::(vii.11) subsection 279.02(1) ([[Trafficking in Persons (Offence)|material benefit  —  trafficking]]),
::(iii) section 246.‍3 ([[History of Aggravated Sexual Assault|aggravated sexual assault]]);
::(vii.12) subsection 279.03(1) ([[Trafficking in Persons (Offence)|withholding or destroying documents — trafficking]]),
:(d) 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:
::(viii) section 280 ([[Abduction of a Young Person (Offence)|abduction of a person under age of sixteen]]),
::(i) subsection 146(1) ([[History of Sexual Interference (Offence)|sexual intercourse with a female under age of fourteen]]),
::(ix) section 281 ([[Abduction of a Young Person (Offence)|abduction of a person under age of fourteen]]),
::(ii) subsection 146(2) ([[History of Sexual Interference (Offence)|sexual intercourse with a female between ages of fourteen and sixteen]]),
::(ix.1) subsection 286.1(1) ([[Commodification of Sexual Services (Offence)|obtaining sexual services for consideration]]),
::(iii) section 153 ([[Sexual Intercourse with Step-Daughter (Repealed Offence)|sexual intercourse with step-daughter]]),
::(ix.2) subsection 286.2(1) ([[Commodification of Sexual Services (Offence)|material benefit from sexual services]]),
::(iv) section 157 ([[History of Gross Indecency (Repealed Offence)|gross indecency]]),
::(ix.3) subsection 286.3(1) ([[Commodification of Sexual Services (Offence)|procuring]]),
::(v) section 166 ([[History of Parent or Guardian Procuring Sexual Activity (Offence)|parent or guardian procuring defilement]]), and
::(x) paragraph 348(1)(d) ([[Break and Enter (Offence)|breaking and entering a dwelling house with intent to commit an indictable offence]]),
::(vi) section 167 ([[History of Householder Permitting Sexual Activity (Offence)|householder permitting defilement]]);
::(xi) paragraph 348(1)(d) ([[Break and Enter (Offence)|breaking and entering a dwelling house and committing an indictable offence]]),
:(e) an offence under any of the following provisions of this Act, as they read from time to time before December 6, 2014 :
::(xii) paragraph 348(1)(e) ([[Break and Enter (Offence)|breaking and entering a place other than a dwelling house with intent to commit an indictable offence]]), and
::(i) paragraph 212(1)(i) ([[Procuring and Living on the Avails of Prostitution (Repealed Offence)|stupefying or overpowering for the purpose of sexual intercourse]]),
::(xiii) paragraph 348(1)(e) ([[Break and Enter (Offence)|breaking and entering a place other than a dwelling house and committing an indictable offence]]);
::(ii) subsection 212(2) ([[Procuring and Living on the Avails of Prostitution (Repealed Offence)|living on the avails of prostitution of person under 18 years]]),
:(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 4, 1983:
::(iii) subsection 212(2.‍1) ([[Procuring and Living on the Avails of Prostitution (Repealed Offence)|aggravated offence in relation to living on the avails of prostitution of person under 18 years]]), and
::(i) section 144 ([[Rape (Repealed Offence)|rape]]),
::(iv) subsection 212(4) ([[Procuring and Living on the Avails of Prostitution (Repealed Offence)|prostitution of person under 18 years]]); or
::(ii) section 145 ([[Rape (Repealed Offence)|attempt to commit rape]]),
:(f) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (e).  
::(iii) section 149 ([[Indecent Assault (Repealed Offence)|indecent assault on female]]),
 
::(iv) section 156 ([[Indecent Assault (Repealed Offence)|indecent assault on male]]), and
{{ellipsis}}
::(v) subsection 246(1) ([[History of Assault Peace Officer|assault with intent]]) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);
'''"secondary offence"''' means
:(c.1) 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:
:(a) an offence under any of the following provisions:
::(i) section 246.1 ([[History of Sexual Assault|sexual assault]]),
::(i) section 162 ([[Voyeurism (Offence)|voyeurism]]),
::(ii) section 246.2 ([[History of Sexual Assault with a Weapon or Causing Bodily Harm|sexual assault with a weapon, threats to a third party or causing bodily harm]]), and
::(ii) subsection 173(1) ([[Indecent Act (Offence)|indecent acts]]),
::(iii) section 246.3 ([[History of Aggravated Sexual Assault|aggravated sexual assault]]);
::(iii) section 177 ([[Trespassing at Night (Offence)|trespassing at night]]),
:(d) 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:
::(iv) section 231 ([[Murder (Offence)|murder]]),
::(i) subsection 146(1) ([[History of Sexual Interference (Offence)|sexual intercourse with a female under age of fourteen]]),
::(v) section 234 ([[Manslaughter (Offence)|manslaughter]]),
::(ii) subsection 146(2) ([[History of Sexual Interference (Offence)|sexual intercourse with a female between ages of fourteen and sixteen]]),
::(vi) paragraph 245(1)‍(a) ([[Administering a Noxious Substance (Offence)|administering noxious thing with intent to endanger life or cause bodily harm]]),
::(iii) section 153 ([[Sexual Intercourse with Step-Daughter (Repealed Offence)|sexual intercourse with step-daughter]]),
::(vii) paragraph 245(1)‍(b) ([[Administering a Noxious Substance (Offence)|administering noxious thing with intent to aggrieve or annoy]]),
::(iv) section 157 ([[History of Gross Indecency (Repealed Offence)|gross indecency]]),
::(viii) section 246 ([[Overcoming Resistance (Offence)|overcoming resistance to commission of offence]]),
::(v) section 166 ([[History of Parent or Guardian Procuring Sexual Activity (Offence)|parent or guardian procuring defilement]]), and
::(ix) section 264 ([[Criminal Harassment (Offence)|criminal harassment]]),
::(vi) section 167 ([[History of Householder Permitting Sexual Activity (Offence)|householder permitting defilement]]);
::(x) section 279 ([[Kidnapping and Unlawful Confinement (Offence)|kidnapping]]),
:(d.1) 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:
::(xi) section 279.‍01 ([[Trafficking in Persons (Offence)|trafficking in persons]]),
::(i) paragraph 212(1)(i) ([[Procuring and Living on the Avails of Prostitution (Repealed Offence)|stupefying or overpowering for the purpose of sexual intercourse]]),
::(xii) subsection 279.‍02(1) ([[Trafficking in Persons (Offence)|material benefit — trafficking]]),
::(ii) subsection 212(2) ([[Procuring and Living on the Avails of Prostitution (Repealed Offence)|living on the avails of prostitution of person under 18 years]]),
::(xiii) subsection 279.‍03(1) ([[Trafficking in Persons (Offence)|withholding or destroying documents — trafficking]]),
::(iii) subsection 212(2.1) ([[Procuring and Living on the Avails of Prostitution (Repealed Offence)|aggravated offence in relation to living on the avails of prostitution of person under 18 years]), and
::(xiv) section 280 ([[Abduction of a Young Person (Offence)|abduction of a person under age of sixteen]]),
::(iv) subsection 212(4) ([[Procuring and Living on the Avails of Prostitution (Repealed Offence)|prostitution of person under 18 years]]);
::(xv) section 281 ([[Abduction of a Young Person (Offence)|abduction of a person under age of fourteen]]),
:(e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1), (d) and (d.1); or
::(xvi) subsection 286.‍1(1) ([[Commodification of Sexual Services (Offence)|obtaining sexual services for consideration]]),
:(f) an attempt or conspiracy to commit an offence referred to in paragraph (b). (infraction désignée)
::(xvii) subsection 286.‍2(1) ([[Commodification of Sexual Services (Offence)|material benefit from sexual services]]),
::(xviii) subsection 286.‍3(1) ([[Commodification of Sexual Services (Offence)|procuring]]),
::(xix) section 346 ([[Extortion (Offence)|extortion]]),
::(xx) paragraph 348(1)(d) ([[Break and Enter (Offence)|breaking and entering a dwelling house with intent to commit an indictable offence]]),
::(xxi) paragraph 348(1)(d) ([[Break and Enter (Offence)|breaking and entering a dwelling house and committing an indictable offence]]),
::(xxii) paragraph 348(1)‍(e) ([[Break and Enter (Offence)|breaking and entering a place other than a dwelling house with intent to commit an indictable offence]]), and
::(xxiii) paragraph 348(1)‍(e) ([[Break and Enter (Offence)|breaking and entering a place other than a dwelling house and committing an indictable offence]]); or
 
:(b) an attempt or conspiracy to commit an offence referred to in paragraph (a).‍ 
 
{{ellipsis}}
{{ellipsis}}
{{removed|(2)}}
{{removed|(2)}}
Line 157: Line 167:
{{LegHistory00s|2007, c. 5}}, s. 11;
{{LegHistory00s|2007, c. 5}}, s. 11;
{{LegHistory00s|2008, c. 6}}, s. 36;
{{LegHistory00s|2008, c. 6}}, s. 36;
{{LegHistory00s|2010, c. 3}}, s. 7, {{LegHistory10sA|2010|c. 17}}, s. 4;
{{LegHistory10s|2010, c. 3}}, s. 7, {{LegHistory10sA|2010|c. 17}}, s. 4;
{{LegHistory00s|2012, c. 1}}, ss. 31, 141;
{{LegHistory10s|2012, c. 1}}, ss. 31, 141;
{{LegHistory00s|2014, c. 25}}, s. 25;
{{LegHistory10s|2014, c. 25}}, s. 25;
{{LegHistory00s|2019, c. 17}}, s. 4;
{{LegHistory10s|2019, c. 17}}, s. 4;
{{LegHistory00s|2019, c. 25}}, s. 202.
{{LegHistory10s|2019, c. 25}}, s. 202;
|[{{CCCSec|490.011}} CCC]
{{LegHistory20s|2023, c. 28}}, s. 6.
 
|{{CCCSec2|490.011}}
|{{NoteUp|490.011|1}}
|{{NoteUp|490.011|1}}
}}
}}

Latest revision as of 14:39, 14 July 2024

This page was last substantively updated or reviewed October 2023. (Rev. # 95494)

Designated offences

The offences in the left column are designated offences under s.490.011(1)(a) that are eligible for a SOIRA Order under s. 490.012(1). The offences in the right column are designated offences under s.490.011(1)(b) that are eligible for a SOIRA Order under s. 490.012(2), if the crown can prove beyond a reasonable doubt that the offence was committed for the intent to commit an offence under s.490.011(1)(a).

Sex Offender Registration Act establishes a database accessible to police that contains addresses, descriptions, and other information regarding sex offenders. The offender is obligated to keep the information on file up to date for the period ordered. This will either be 10 years, 20 years, or life. Failure to comply with the order is a criminal offence.

Legislation

Sex Offender Information
Interpretation
Definitions

490.011 (1) The following definitions apply in this section and in sections 490.‍012 to 490.‍07 .
...
"designated offence" means a "primary offence" or a "secondary offence". ...
"primary offence" means

(a) an offence under any of the following provisions:
(i) subsection 7(4.‍1) (offence in relation to sexual offences against children),
(ii) section 151 (sexual interference),
(iii) section 152 (invitation to sexual touching),
(iv) section 153 (sexual exploitation),
(v) section 153.‍1 (sexual exploitation of person with disability),
(vi) section 155 (incest),
(vii) subsection 160(1) (bestiality),
(viii) subsection 160(2) (compelling the commission of bestiality),
(ix) subsection 160(3) (bestiality in presence of or by a child),
(x) section 162.‍1 (publication, etc.‍, of an intimate image without consent),
(xi) section 163.‍1 (child pornography),
(xii) section 170 (parent or guardian procuring sexual activity),
(xiii) section 171.‍1 (making sexually explicit material available to child),
(xiv) section 172.‍1 (luring a child),
(xv) section 172.‍2 (agreement or arrangement — sexual offence against child),
(xvi) subsection 173(2) (exposure),
(xvii) section 271 (sexual assault),
(xviii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xix) section 273 (aggravated sexual assault),
(xx) subsection 273.‍3(2) (removal of a child from Canada),
(xxi) section 279.‍011 (trafficking — person under 18 years),
(xxii) subsection 279.‍02(2) (material benefit — trafficking of person under 18 years),
(xxiii) subsection 279.‍03(2) (withholding or destroying documents — trafficking of person under 18 years),
(xxiv) subsection 286.‍1(2) (obtaining sexual services for consideration from person under 18 years),
(xxv) subsection 286.‍2(2) (material benefit from sexual services provided by person under 18 years), and
(xxvi) subsection 286.‍3(2) (procuring — person under 18 years);
(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:
(i) section 144 (rape),
(ii) section 145 (attempt to commit rape),
(iii) section 149 (indecent assault on female),
(iv) section 156 (indecent assault on male), and
(v) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);
(c) 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);
(d) 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 fourteen),
(ii) subsection 146(2) (sexual intercourse with a female between ages of fourteen and sixteen),
(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);
(e) an offence under any of the following provisions of this Act, as they read from time to time before December 6, 2014 :
(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); or
(f) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (e).  

...
"secondary offence" means

(a) an offence under any of the following provisions:
(i) section 162 (voyeurism),
(ii) subsection 173(1) (indecent acts),
(iii) section 177 (trespassing at night),
(iv) section 231 (murder),
(v) section 234 (manslaughter),
(vi) paragraph 245(1)‍(a) (administering noxious thing with intent to endanger life or cause bodily harm),
(vii) paragraph 245(1)‍(b) (administering noxious thing with intent to aggrieve or annoy),
(viii) section 246 (overcoming resistance to commission of offence),
(ix) section 264 (criminal harassment),
(x) section 279 (kidnapping),
(xi) section 279.‍01 (trafficking in persons),
(xii) subsection 279.‍02(1) (material benefit — trafficking),
(xiii) subsection 279.‍03(1) (withholding or destroying documents — trafficking),
(xiv) section 280 (abduction of a person under age of sixteen),
(xv) section 281 (abduction of a person under age of fourteen),
(xvi) subsection 286.‍1(1) (obtaining sexual services for consideration),
(xvii) subsection 286.‍2(1) (material benefit from sexual services),
(xviii) subsection 286.‍3(1) (procuring),
(xix) section 346 (extortion),
(xx) paragraph 348(1)‍(d) (breaking and entering a dwelling house with intent to commit an indictable offence),
(xxi) paragraph 348(1)‍(d) (breaking and entering a dwelling house and committing an indictable offence),
(xxii) paragraph 348(1)‍(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and
(xxiii) paragraph 348(1)‍(e) (breaking and entering a place other than a dwelling house and committing an indictable offence); or
(b) an attempt or conspiracy to commit an offence referred to in paragraph (a).‍ 

...
[omitted (2)]
2004, c. 10, s. 20; 2005, c. 43, s. 6; 2007, c. 5, s. 11; 2008, c. 6, s. 36; 2010, c. 3, s. 7, c. 17, s. 4; 2012, c. 1, ss. 31, 141; 2014, c. 25, s. 25; 2019, c. 17, s. 4; 2019, c. 25, s. 202; 2023, c. 28, s. 6.

CCC (CanLII), (DOJ)


Note up: 490.011(1)