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  1. Criminal Code - R.S.C., 1985, c. C-46 (Section 348)
    Marginal note:Breaking and entering with intent, committing offence or breaking out
    •  (1) Every one who

      • (a) breaks and enters a place with intent to commit an indictable offence therein,

      • (b) breaks and enters a place and commits an indictable offence therein, or

      • (c) breaks out of a place after

        • [...]

        • (ii) entering the place with intent to commit an indictable offence therein,

      [...]

    • (2) For the purposes of proceedings under this section, evidence that an accused

      • (a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or

      • (b) broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after

        • [...]

        • (ii) entering with intent to commit an indictable offence therein.

    [...]


  2. Criminal Code - R.S.C., 1985, c. C-46 (Section 98)
    Marginal note:Breaking and entering to steal firearm
    •  (1) Every person commits an offence who

      • (a) breaks and enters a place with intent to steal a firearm located in it;

      • (b) breaks and enters a place and steals a firearm located in it; or

      • (c) breaks out of a place after

        • [...]

        • (ii) entering the place with intent to steal a firearm located in it.

    • Definitions of break and place

      (2) In this section, break has the same meaning as in section 321, and place means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

    • (3) For the purposes of this section,

      • (a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and

      • (b) a person is deemed to have broken and entered if he or she

        • [...]

        • (ii) entered without lawful justification or excuse by a permanent or temporary opening.

    [...]


  3. Criminal Code - R.S.C., 1985, c. C-46 (Section 490.011)
    Marginal note:Definitions
    •  (1) The following definitions apply in this section and in sections 490.012 to 490.07.

      secondary offence

      secondary offence  means

      • (a) an offence under any of the following provisions:

        • [...]

        • (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

    [...]


  4. Criminal Code - R.S.C., 1985, c. C-46 (Section 752)

     In this Part,

    designated offence

    designated offence  means

    • [...]

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

      • [...]

      • (iv.1) section 98 (breaking and entering to steal firearm),

      • [...]

      • (xxv) section 348 (breaking and entering with intent, committing offence or breaking out),

    [...]


  5. Criminal Code - R.S.C., 1985, c. C-46 (Section 487.04)

     In this section and in sections 487.05 to 487.0911,

    primary designated offence

    primary designated offence  means

    • [...]

    • (a.1) an offence under any of the following provisions, namely,

      • [...]

      • (ix) paragraph 348(1)(d) (breaking and entering a dwelling-house),

    • [...]

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

      • (i) section 6 (approaching, entering, etc., a prohibited place),

    secondary designated offence

    secondary designated offence  means an offence, other than a primary designated offence, that is

    • [...]

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

      • [...]

      • (ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house),

    [...]



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