DNA Identification Act (S.C. 1998, c. 37)

Marginal note:Transfer to another index

8.2 The Commissioner may transfer a DNA profile and information in relation to it from one index — other than the convicted offenders index or the relatives of missing persons index — to another, as long as the addition of the profile to the other index is in accordance with the applicable provisions of this Act.

Marginal note:Information to be kept indefinitely

• 9 (1) Subject to subsection (2), section 9.1 and the Criminal Records Act, information in the convicted offenders index shall be kept indefinitely.

• Marginal note:Information to be permanently removed

  (2) Access to information in the convicted offenders index shall be permanently removed

  • (a) without delay after every order or authorization for the collection of bodily substances from the person to whom the information relates is finally set aside; or

  • (b) without delay after the person is finally acquitted of every designated offence in connection with which an order was made or an authorization was granted.

  • (c) [Repealed, 2014, c. 39, s. 241]

Marginal note:Young persons — access to information removed

• 9.1 (1) Access to information in the convicted offenders index in relation to a young person who has been found guilty under the Young Offenders Act or under the Youth Criminal Justice Act of a designated offence shall be permanently removed without delay when the record relating to the same offence is required to be destroyed, sealed or transmitted to the National Archivist of Canada under Part 6 of the Youth Criminal Justice Act.

• Marginal note:Exception

  (2) Section 9 nevertheless applies to information in the convicted offenders index in relation to

  • (a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or

  • (b) a record to which subsection 120(6) of that Act applies.

Storage and Destruction of Bodily Substances

Marginal note:Storage of bodily substances

• 10 (1) When bodily substances are transmitted to the Commissioner under section 487.071 of the Criminal Code or section 196.22 of the National Defence Act, the Commissioner shall, subject to this section and section 10.1, safely and securely store, for the purpose of forensic DNA analysis, the portions of the samples of the bodily substances that the Commissioner considers appropriate and without delay destroy any remaining portions.

• Marginal note:Change in technology

  (2) Forensic DNA analysis of stored bodily substances may be performed if the Commissioner is of the opinion that the analysis is justified because significant technological advances have been made since the time when a DNA profile of the person who provided the bodily substances, or from whom they were taken, was last derived.

• (3) [Repealed, 2005, c. 25, s. 20]

• Marginal note:Access

  (4) Access to stored bodily substances may be granted to any person or class of persons that the Commissioner considers appropriate for the purpose of preserving the bodily substances.

• Marginal note:Use of bodily substances

  (5) No person shall transmit stored bodily substances to any person or use stored bodily substances except for the purpose of forensic DNA analysis.

• Marginal note:Later destruction

  (6) The Commissioner may at any time destroy any or all of the stored bodily substances if the Commissioner considers that they are no longer required for the purpose of forensic DNA analysis.

• Marginal note:Mandatory destruction in certain cases

  (7) The Commissioner shall destroy the stored bodily substances of a person

  • (a) without delay after every order or authorization for the collection of bodily substances from the person is finally set aside; or

  • (b) without delay after the person is finally acquitted of every designated offence in connection with which an order was made or an authorization was granted.

  • (c) [Repealed, 2014, c. 39, s. 243]

• Marginal note:When record suspension is in effect

  (8) Despite anything in this section, stored bodily substances of a person in respect of whom a record suspension, as defined in subsection 2(1) of the Criminal Records Act, is in effect shall be kept separate and apart from other stored bodily substances, and no such bodily substance shall be used for forensic DNA analysis, nor shall the existence of such a bodily substance be communicated to any person.

Marginal note:Young persons — destruction of bodily substances

• 10.1 (1) The Commissioner shall, without delay, destroy stored bodily substances of a young person who has been found guilty of a designated offence under the Young Offenders Act or under the Youth Criminal Justice Act when the record relating to the same offence is required to be destroyed, sealed or transmitted to the National Archivist of Canada under Part 6 of the Youth Criminal Justice Act.

• Marginal note:Exception

  (2) Subsections 10(6) and (7) nevertheless apply to the destruction of stored bodily substances of a young person that relate to

  • (a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or

  • (b) a record to which subsection 120(6) of that Act applies.

Offence

Marginal note:Contravention of sections

11 Every person who contravenes section 6.6 or 8 or subsection 10(5)

• (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

• (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months, or to both.

Regulations

Marginal note:Regulations

12 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

• (a) respecting the establishment and operation of the national DNA data bank;

• (b) respecting the collection and transmission of any information or other thing that is to be received by the Commissioner;

• (c) respecting agreements or arrangements referred to in subsection 6.4(4);

• (d) respecting access to information that is contained in the national DNA data bank, including removal of access to information and destruction of information;

• (e) respecting the establishment of advisory committees to advise on any matter related to the national DNA data bank; and

• (f) prescribing anything that by this Act is to be prescribed by regulation.

Review of Act

Marginal note:Review of Act by Parliamentary committee

Footnote ^*13 Within five years after this Act comes into force, a review of the provisions and operation of this Act shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose.

• Return to footnote ^*[Note: Sections 2, 3 and 12 in force May 8, 2000, see SI/2000-37; sections 1, 4 to 11 and 13 to 25 in force June 30, 2000, see SI/2000-60.]

Report to Parliament

Marginal note:Annual report

• 13.1 (1) The Commissioner shall, within three months after the end of each fiscal year, submit to the Minister of Public Safety and Emergency Preparedness a report on the operations of the national DNA data bank for the year.

• Marginal note:Tabling in Parliament

  (2) The Minister shall cause the report of the Commissioner to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it.

Consequential Amendments

14 to 25 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*26 This Act or any of its provisions or any provision of an Act enacted by this Act comes into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Sections 2, 3 and 12 in force May 8, 2000, see SI/2000-37; sections 1, 4 to 11 and 13 to 25 in force June 30, 2000, see SI/2000-60.]