National Defence Act

Marginal note:Definitions

196.11 The definitions in this section apply in this Division.

Commissioner

commissaire

Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)

designated offence

infraction désignée

designated offence means a primary designated offence or a secondary designated offence. (infraction désignée)

DNA

ADN

DNA means deoxyribonucleic acid. (ADN)

DNA profile

profil d’identification génétique

DNA profile means the results of forensic DNA analysis. (profil d’identification génétique)

forensic DNA analysis

analyse génétique

forensic DNA analysis

• (a) in relation to a bodily substance that is taken in execution of a warrant under section 196.12, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 196.12(1)(b), and includes any incidental tests associated with that analysis; and

• (b) in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or is taken from a person in execution of an order made under section 196.14 or under an authorization granted under section 196.24, or to a bodily substance referred to in paragraph 196.12(1)(b), means forensic DNA analysis of the bodily substance. (analyse génétique)

peace officer

agent de la paix

peace officer means

• (a) a police officer, police constable, bailiff, constable or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process; or

• (b) an officer or a non-commissioned member of the Canadian Forces who is

  • (i) a member of the military police, or

  • (ii) employed on duties that the Governor in Council has prescribed in the regulations to be of such a kind as to necessitate that the officer or non-commissioned member performing them has the powers of a peace officer. (agent de la paix)

prescribed form

formulaire réglementaire

prescribed form means a form prescribed in the regulations made by the Governor in Council. (formulaire réglementaire)

primary designated offence

infraction primaire

primary designated offence means

• (a) an offence within the meaning of paragraph (a) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130;

• (a.1) an offence within the meaning of any of paragraphs (a.1) to (c.1) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130; and

• (b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.01) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130. (infraction primaire)

secondary designated offence

infraction secondaire

secondary designated offence means

• (a) an offence within the meaning of any of paragraphs (a) to (d) of the definition secondary designated offence in section 487.04 of the Criminal Code that is punishable under section 130;

• (b) an offence under any of the following provisions of this Act:

  • (i) paragraph 77(a) (violence to person bringing materiel to forces),

  • (ii) section 79 (mutiny with violence),

  • (iii) section 84 (striking a superior officer),

  • (iv) paragraph 87(b) (violence while in custody),

  • (v) section 95 (striking a subordinate),

  • (vi) paragraph 107(a) (endangering a person on an aircraft), or

  • (vii) section 127 (handling of dangerous substances); and

• (c) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit any offence referred to in paragraph (a) or (b). (infraction secondaire)