List of Primary Designated DNA Offences

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Under s. 487.04, a "primary designated offence" is defined as:

"primary designated offence" means

[SECTION (a)]

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

(i) subsection 7(4.1) (offence in relation to sexual offences against children),
[s. 7(4.1) lists offences under 151, 152, 153, 155, 160(2), 160(3), 163.1, 170, 171, 171.1, 172.1, 172.2, 173]

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(i.93) to (i.96) [Repealed, 2014, c. 25, s. 23]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

(i) "offence in relation to sexual offences against children" committed outside Canada (s.7(4.1))

(i.1) sexual interference (151),

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

(i.3) sexual exploitation (153),

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

(i.5) incest (155),

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

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

(i.8) child pornography (163.1),

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

(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) exposure (173(2)),

(ii) murder (235),

(iii) manslaughter (236),

(iv) attempt to commit murder (239),

(v) discharging firearm with intent (244),

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

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

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

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

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

(x) aggravated assault (268),

(xi) unlawfully causing bodily harm (269),

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

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

(xi.3) sexual assault (271),

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

(xiii) aggravated sexual assault (273),

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

(xiv) kidnapping (279),

(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) robbery (344), and

(xvi) extortion (346).

[SECTION (a.1)]

(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) section 83.221 (counselling commission of terrorism offence),

(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) breaking and entering a dwelling-house,

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

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

(xii) accommodation or transport of United Nations or associated personnel,

(xiii) explosive or other lethal device,

(xiv) participation in activities of criminal organization,

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

(xv) commission of offence for criminal organization,

(xvi) instructing commission of offence for criminal organization

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

[SECTION (b)]

(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),

[SECTION (c)]

(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),

[SECTION (c.01)]

(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 weapon, threats to third party or causing bodily harm), and

(iii) section 246.3 (aggravated sexual assault),

[SECTION (c.02)]

(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),

[SECTION (c.03)]

(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,

[SECTION (c.1)]

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

Security of Information Act:

(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

[SECTION (d)]

(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);

...
1995, c. 27, s. 1; 1998, c. 37, s. 15; 2001, c. 41, s. 17; 2002, c. 1, s. 175; 2005, c. 25, s. 1, c. 43, ss. 5, 9; 2007, c. 22, ss. 2, 8, 47; 2008, c. 6, ss. 35, 63; 2009, c. 22, s. 16; 2010, c. 3, s. 6, c. 17, s. 3; 2012, c. 1, s. 30; 2013, c. 9, s. 16, c. 13, s. 8; 2014, c. 17, s. 13, c. 25, s. 23; 2015, c. 20, s. 23; 2018, c. 16, s. 216, c. 21, s. 18; 2019, c. 13, s. 152; 2019, c. 25, s. 196.1.
[annotation(s) added]

– CCC

Each section represents a category:

• (a) mandatory
• (a.1) presumptive
• (b) historical presumptive, pre january 4, 1983
• (c) historical presumptive, pre january 1, 1988
• (c.01) historical presumptive, 1970 to 1983
• (c.02) historical mandatory, pre-december 6, 2014
• (c.03) historical presumptive, pre-december 6, 2014