SCHEDULE I(Subsections 107(1), 129(1) and (2), 130(3) and (4), 133(4.1) and 156(3))

1 An offence under any of the following provisions of the Criminal Code, that was prosecuted by way of indictment:

(a) sections 46 and 47 (high treason);
(a.01) section 75 (piratical acts);
(a.1) section 76 (hijacking);
(a.2) section 77 (endangering safety of aircraft or airport);
(a.3) section 78.1 (seizing control of ship or fixed platform);
(a.4) paragraph 81(1)(a), (b) or (d) (use of explosives);
(a.5) paragraph 81(2)(a) (causing injury with intent);
(a.6) section 83.18 (participation in activity of terrorist group);
(a.7) section 83.19 (facilitating terrorist activity);
(a.8) section 83.2 (commission of offence for terrorist group);
(a.9) section 83.21 (instructing to carry out activity for terrorist group);
(a.91) section 83.22 (instructing to carry out terrorist activity);
(a.92) section 83.221 (counselling commission of terrorism offence);
(b) subsection 85(1) (using firearm in commission of offence);
(b.1) subsection 85(2) (using imitation firearm in commission of offence);
(c) section 87 (pointing a firearm);
(c.1) section 98 (breaking and entering to steal firearm);
(c.2) section 98.1 (robbery to steal firearm);
(d) section 144 (prison breach);
(e) section 151 (sexual interference);
(f) section 152 (invitation to sexual touching);
(g) section 153 (sexual exploitation);
(g.1) section 153.1 (sexual exploitation of person with disability);
(h) section 155 (incest);
(i) [Repealed, 2019, c. 25, s. 395]
(j) section 160 (bestiality, compelling, in presence of or by child);

(j.1) section 163.1 (child pornography);

(k) section 170 (parent or guardian procuring sexual activity by child);

(l) section 171 (householder permitting sexual activity by or in presence of child);

(m) section 172 (corrupting children);

(m.1) section 172.1 (luring a child);

(n) to (o) [Repealed, 2014, c. 25. s. 42]

(o.1) section 220 (causing death by criminal negligence);

(o.2) section 221 (causing bodily harm by criminal negligence);

(p) section 236 (manslaughter);

(q) section 239 (attempt to commit murder);

(r) section 244 (discharging firearm with intent);

(r.1) section 244.1 (causing bodily harm with intent — air gun or pistol);

(r.2) section 244.2 (discharging firearm — recklessness);

(r.3) section 245 (administering noxious thing);

(s) section 246 (overcoming resistance to commission of offence);

(s.01) section 247 (traps likely to cause bodily harm);

(s.02) section 248 (interfering with transportation facilities);

(s.1) to (s.2) [Repealed, 2018, c. 21, s. 48]

(s.3) section 264 (criminal harassment);

(s.4) section 264.1 (uttering threats);

(t) section 266 (assault);

(u) section 267 (assault with a weapon or causing bodily harm);

(v) section 268 (aggravated assault);

(w) section 269 (unlawfully causing bodily harm);

(w.1) section 269.1 (torture);

(x) section 270 (assaulting a peace officer);

(x.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm);

(x.2) section 270.02 (aggravated assault of peace officer);

(y) section 271 (sexual assault);

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

(z.1) section 273 (aggravated sexual assault);

(z.11) section 273.3 (removal of child from Canada);

(z.2) section 279 (kidnapping and forcible confinement);

(z.201) section 279.011 (trafficking — person under 18 years);

(z.202) subsection 279.02(2) (material benefit — trafficking of person under 18 years);

(z.203) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years);

(z.21) section 279.1 (hostage taking);

(z.22) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years);

(z.23) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years);

(z.24) subsection 286.3(2) (procuring — person under 18 years);

(z.25) section 320.13 (dangerous operation);

(z.26) subsections 320.14(1), (2) and (3) (operation while impaired);

(z.27) section 320.15 (failure or refusal to comply with demand);

(z.28) section 320.16 (failure to stop after accident);

(z.29) section 320.17 (flight from peace officer);

(z.3) sections 343 and 344 (robbery);

(z.301) section 346 (extortion);

(z.31) subsection 430(2) (mischief that causes actual danger to life);

(z.32) section 431 (attack on premises, residence or transport of internationally protected person);

(z.33) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel);

(z.34) subsection 431.2(2) (explosive or other lethal device);

(z.4) section 433 (arson — disregard for human life);

(z.5) section 434.1 (arson — own property);

(z.6) section 436 (arson by negligence); and

(z.7) paragraph 465(1)(a) (conspiracy to commit murder).

1.1 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:

(a) subsections 249(3) and (4) (dangerous operation causing bodily harm and dangerous operation causing death);
(b) subsection 249.1(3) (flight causing bodily harm or death);
(c) section 249.2 (causing death by criminal negligence — street racing);
(d) section 249.3 (causing bodily harm by criminal negligence — street racing);
(e) section 249.4 (dangerous operation of motor vehicle while street racing); and
(f) subsections 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death).

2 An offence under any of the following provisions of the Criminal Code, as they read immediately before July 1, 1990, that was prosecuted by way of indictment:

(a) section 433 (arson);
(b) section 434 (setting fire to other substance); and
(c) section 436 (setting fire by negligence).

3 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 immediately before January 4, 1983, that was prosecuted by way of indictment:

(a) section 144 (rape);
(b) section 145 (attempt to commit rape);
(c) section 149 (indecent assault on female);
(d) section 156 (indecent assault on male);
(e) section 245 (common assault); and
(f) section 246 (assault with intent).

4 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 immediately before January 1, 1988, that was prosecuted by way of indictment:

(a) section 146 (sexual intercourse with a female under 14);
(b) section 151 (seduction of a female between 16 and 18);
(c) section 153 (sexual intercourse with step-daughter);
(d) section 155 (buggery or bestiality);
(e) section 157 (gross indecency);
(f) section 166 (parent or guardian procuring defilement); and
(g) section 167 (householder permitting defilement).

5 The offence of breaking and entering a place and committing an indictable offence therein, as provided for by paragraph 348(1)(b) of the Criminal Code, where the indictable offence is an offence set out in sections 1 to 4 of this Schedule and its commission

(a) is specified in the warrant of committal;
(b) is specified in the Summons, Information or Indictment on which the conviction has been registered;
(c) is found in the reasons for judgment of the trial judge; or
(d) is found in a statement of facts admitted into evidence pursuant to section 655 of the Criminal Code.

5.1 If prosecuted by way of indictment, the offence of pointing a firearm, as provided for by subsection 86(1) of the Criminal Code, as it read immediately before December 1, 1998.

5.2 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:

(a) subsection 212(2) (living on the avails of prostitution of person under 18 years);

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

(c) subsection 212(4) (prostitution of person under 18 years).

6 An offence under any of the following provisions of the Crimes Against Humanity and War Crimes Act:

(a) section 4 (genocide, etc., committed in Canada);
(b) section 5 (breach of responsibility committed in Canada by military commanders or other superiors);
(c) section 6 (genocide, etc., committed outside Canada); and
(d) section 7 (breach of responsibility committed outside Canada by military commanders or other superiors).

1992, c. 20, Sch. I 1995, c. 39, s. 165, c. 42, ss. 64 to 67 2000, c. 24, s. 41 2001, c. 41, ss. 91 to 93 2008, c. 6, s. 57 2011, c. 11, s. 8 2012, c. 1, ss. 103, 104 2014, c. 25, s. 42 2015, c. 20, s. 30 2018, c. 21, ss. 48 to 502019, c. 13, s. 1582019, c. 25, s. 395


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SCHEDULE II(Subsections 107(1), 129(1), (2) and (9), 130(3) and (4) and 156(3))

1 An offence under any of the following provisions of the Narcotic Control Act, as it read immediately before the day on which section 64 of the Controlled Drugs and Substances Act came into force, that was prosecuted by way of indictment:

(a) section 4 (trafficking);
(b) section 5 (importing and exporting);
(c) section 6 (cultivation);
(d) section 19.1 (possession of property obtained by certain offences); and
(e) section 19.2 (laundering proceeds of certain offences).

2 An offence under any of the following provisions of the Food and Drugs Act, as it read immediately before the day on which section 64 of the Controlled Drugs and Substances Act came into force, that was prosecuted by way of indictment:

(a) section 39 (trafficking in controlled drugs);
(b) section 44.2 (possession of property obtained by trafficking in controlled drugs);
(c) section 44.3 (laundering proceeds of trafficking in controlled drugs);
(d) section 48 (trafficking in restricted drugs);
(e) section 50.2 (possession of property obtained by trafficking in restricted drugs); and
(f) section 50.3 (laundering proceeds of trafficking in restricted drugs).

3 An offence under any of the following provisions of the Controlled Drugs and Substances Act that was prosecuted by way of indictment:

(a) section 5 (trafficking);
(b) section 6 (importing and exporting);
(c) section 7 (production).
(d) and (e) [Repealed, 2001, c. 32, s. 57]

4 An offence under any of the following provisions of the Cannabis Act that was prosecuted by way of indictment:

(a) section 9 (distribution and possession for purpose of distributing);
(b) section 10 (selling and possession for purpose of selling);
(c) section 11 (importing and exporting and possession for purpose of exporting);
(d) section 12 (production);
(e) section 13 (possession, etc., for use in production or distribution of illicit cannabis); and
(f) section 14 (use of young person).

5 The offence of conspiring, as provided by paragraph 465(1)(c) of the Criminal Code, to commit any of the offences referred to in items 1 to 4 of this schedule that was prosecuted by way of indictment.

1992, c. 20, Sch. II; 1995, c. 42, s. 68; 1996, c. 19, s. 64; 2001, c. 32, s. 57; 2011, c. 11, s. 9; 2018, c. 16, s. 172.


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