List of Secondary Designated DNA Offences (Group A)

This page was last substantively updated or reviewed January 2020. (Rev. # 95797)

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Section 487.04 definition of secondary designated offences states in part:

487.04 In this section and in sections 487.05 to 487.0911,
...
"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 [DNA Orders — primary designated offences] to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more,

[omitted (a.1), (b), (c), (d), (d.1), (d.2) and (e)]

...
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 (CanLII), (DOJ)

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Offences that are SDO under the 487.04 (a) grouping (Offences requiring indictable election in bold):

High Treason (47) Assisting alien enemy to leave Canada or omitting to prevent treason (50) Intimidating Parliament or legislature (51) Sabotage (52) Inciting mutiny (53) Identity Document Offences (56.1) Forge or use forged passport (57(1)) Possession of a Forged Passport (57(3)) Punishment of seditious offences (61) Offences in relation to military offences (62) Riot while wearing a mask (65(2)) Unlawful assembly with a mask (66(2)) Proclamation offences (68) Unlawful drilling – Orders by Governor in Council (70) Piracy (74) Taking Explosives or Weapons on Board a Plane (78) Breach of Duty of Care Regarding Explosives Causing Bodily Harm or Death (80(a),(b)) Possession of explosive substances (82(1)) Possession of explosive substances for benefit of crim. org. (82(2)) Financing terrorism (83.02) Providing or using property for terrorism (83.03(1), 83.03(2), 83.04) Offences - freezing of property disclosure, or audit (83.12) Terrorism hoax (83.231(3), (4)) Terroristic Activities (83.27) Use of a firearm in the commission of offence (85) Careless use, storage of firearm (2nd / subsequent offence) (86(a)(ii)) Pointing a firearm (87) Possession of a Weapon for a Dangerous Purpose (88) Carrying a Concealed Weapon (90) Unauthorized Possession of a Firearm (91) Possession of a Firearm Knowing Possession is Unauthorized (92) Possession of weapon at an unauthorized place (93) Possession of a weapon in a vehicle (94) Possession of a Restricted or Prohibited Firearm with Ammo (95) Possession of a weapon obtained by crime (96) Break and Enter to steal a firearm (98(1)) Robbery to steal a firearm (98.1) Weapons Trafficking (99) Possession of a Weapon for Purpose of Trafficking (100) Transfer of weapons (101) Making a firearm automatic (102) Importing and exporting of weapons knowing unauthorized (103) Unauthorized importing and exporting of weapons (104) Failing to report lost or stolen firearms (105) Failing to report destroyed firearms (106) Making false statements about lost, stolen or destroyed firearms (107) Removing serial number from firearms (108) Possession weapon contrary to order (117.01) Bribery of judicial official (119) Bribery of officers (120) Fraud on government (121) Selling, etc., of tobacco products and raw leaf tobacco (121.1) Breach of trust by public officer (122) Municipal corruption (123) Selling or Purchasing Office (124) Influencing appointments (125) Personating Peace officer (130) Perjury (131, 132) Contradictory Evidence with Intent to Mislead (136) Fabricating Evidence (137) Obstructing Justice (139(2)) Public Mischief (140) Corruptly taking reward for recovery of goods (142) Prison Breach (144) Anal Intercourse (159(1)) Bestiality (160(1)) Voyeurism (162) Publication, etc., of intimate image without consent (162.1) Parent or Guardian Procuring sexual activity (170) Householder permitting sexual activity (171(a)) Interfering with a dead body (182) Interception of communications (184) Interception of radio-based telephone communications (184.5)

Duty of persons to provide necessaries (215) Abandoning child (218) Criminal negligence causing death with or without firearm (220(a), (b)) Causing bodily harm by criminal negligence (221) Killing unborn child in act of birth (238) Accessory after fact to murder (240) Counseling or aiding suicide (241) Safeguard Failures in Assisted Dying (241.3) Forgery Relating to Assisted Dying (241.4) Neglect to obtain assistance in child birth (242) Set traps likely to cause bodily harm or death (247) Interfering with transportation facilities (248) Dangerous Operation of a Conveyance (320.13(1), 320.19(1)) Dangerous Operation of a Conveyance, Causing Bodily Harm (320.13(2), 320.2) Dangerous Operation of a Conveyance, Causing Death (320.13(3), 320.21) Operation of a Conveyance While Impaired (320.14(1), 320.19(1)) Operation of a Conveyance While Impaired Causing Bodily Harm (320.14(2), 320.2) Operation of a Conveyance While Impaired Causing Death (320.14(3), 320.21) Refusal to Comply with Demand (320.15(1), 320.19(1), (4)) Refusal to Comply with Demand Causing Bodily Harm (320.15(2), 320.2) Refusal to Comply with Demand Causing Death (320.15(3), 320.21) Failure to Stop After an Accident Causing Bodily Harm (320.16(2), 320.2) Failure to Stop After an Accident Causing Death (320.16(3), 320.21) Flight from a Peace Officer (320.17, 320.19(1)) Driving While prohibited (320.18(1), 320.19(5)) Impeding attempt to save life (262) Torture (269.1) Disarming a peace officer (270.1) Abduction of person under 16 (280) Abduction of person under 14 (281) Abduction contrary to a custody order (282) Abduction contrary without a custody order (283) Advertising sexual services (286.4) Bigamy (291) Procuring feigned marriage (292) Polygamy (293) Forced marriage (293.1) Marriage under the age of 16 years (293.2) Defamatory libel (300) Extortion by libel (302) Advocating genocide (318) Conversion therapy (320.102) Motor vehicle theft (333.1(1)) Theft over $5000 (334(a), 322 to 333) Breach of trust (336) Fraudulent taking of cattle (338(1), (2)) Taking of drift timber (339(1)) Destroying documents of title (340) Theft or forgery of credit card (342) Making, having or dealing in instruments for forgery or falsifying credit cards (342.01) Unauthorized use of a computer (342.1) Stopping mail (345) Criminal interest rate (347) Possession of break-in instruments (351(1)) Disguising while intending to commit B&E (351(2)) Tampering with vehicle identification number (353.1) Possession of stolen property over 5000 (355(a)) Trafficking or Possession in property obtained by crime (355.2, 355.4, 355.5) Theft of mail (356) Import stolen property (357) False pretenses over $5,000 (362(2)(a)) Obtain credit card by false pretenses (362(3)) Obtain security by fraud (363)

Forgery (366, 367) Uttering forged documents (368) Forgery instruments (368.1) Exchequer bill paper, seals, etc (369) Drawing documents without authority (374) Obtaining property based on forged documents (375) Using counterfeit stamp, etc (376) Damaging documents (377) Offence in relation to registers (378) Fraud over 5000 or testamentary (380(1)(a) and (2)) Manipulation of stock exchange (382) Insider trading (382.1(1)) Stock tipping (382.1(2)) Trade secret - prior knowledge (391(1), (2)) Fraud regarding minerals (394) Possession of stolen minerals (394.1) Offence in relation to mines (396) Falsification of books & documents (397) False return by public officer (399) False Prospectus (400) Identity Theft (402.2) Identity Fraud (403) Acknowledging instrument in false name (405) Selling defective stores to Her Majesty (418) Military stores (420) Criminal breach of contract (422) Obstruction or interference with access to health services (423.2(2)) Threat against internationally protected person (424) Threats against United Nations or associated personnel (424.1) Threats and retaliation against employees (425.1) Secret Commissions (426) Mischief Endangering Life (430(2)) Mischief Over 5000 or Testamentary (430(3)) Mischief of Religious Property (430(4.1)) Mischief relating to war memorials (430(4.11)) Mischief of Cultural Property (430(4.2)) Mischief of Data (430(5)) Act or Omission causing danger to life or mischief to property (430(5.1)) Unauthorized recording for the purpose of sale, etc (432(2)) Arson, disregard for life (433) Arson, damage to property (434) Arson, damage to own property (434.1) Arson, fraudulent purpose (435) Arson, negligence (436) Possession of Incendiary Materials (436.1) Interfering with saving of wrecked vessel (438(1)) Interfering with marine signal (439(2)) Occupant injuring building (441) Interfering with international boundary marks (443) Injure or endanger animals (445) Killing or injuring certain animals (445.01) Cause suffering to animals (445.1) Keeping a cock pit (447) Making counterfeit money (449) Possession of counterfeit money (450) Having unauthorized clippings, etc (451) Uttering counterfeit money (452) Clipping & uttering clipped coin (455) Making, having or dealing in instrument for counterfeiting (458) Conveying instruments for coining out of Mint, etc (459) Advertising or dealing in counterfeit money (460) Laundering proceeds of crime (462.31) Failure to Comply with Freezing Order (462.33(11)) Attempts for offences punishable by 10 years or more (463(a)) Conspiracy (465(1)(b)(i),(ii)) Accessory After the Fact, if punishment 10 years or more (463) Counsel to commit when by indictment and predicate is 5 years or more (464) Breach of order of long term supervision (753.3(1)) Failure to comply with restraint order (490.8)

Repealed SDO Offences Under 487.04 (a) Grouping

• Dangerous driving (249(2))
• Dangerous operation of a motor vehicle causing bodily harm or death (249(3), (4))
• Flight (249.1(2))
• Flight causing bodily harm or death (249.1(4))
• Causing death by criminal negligence - street racing (249.2)
• Causing bodily harm by criminal negligence – street racing (249.3)
• Dangerous operation of MV while street racing (249.4(1), (2))
• Dangerous operation causing bodily harm – street racing (249.4(3))
• Dangerous operation causing death – street racing (249.4(4))
• Sending unsafe vessel or vehicle (251)

Repealed Offences

• Impaired Driving and Driving While Over 80 (253, 255(1))
• Refusal to Provide a Breath or Blood Sample with or without injury (254(5))
• Impaired driving (255(1))
• Impaired driving causing bodily harm (255(2))
• Impaired driving over 80 mg causing bodily harm (255(2.1))
• Refusing to provide breath or blood sample knowing accident resulted in bodily harm (255(2.2))
• Impaired driving causing death (255(3))
• Impaired driving over 80 mg causing death (255(3.1))
• Refusing to provide breath or blood sample knowing accident resulted in death (255(3.2))
• Operation of a vehicle while disqualified (259(4))
• Procuring miscarriage (287(1))