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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.

• (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.

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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.

• (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.

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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.

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• 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.

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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.

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Marginal note:Authorized users

6.5 Information as to whether a person’s DNA profile is contained in the convicted offenders index may be communicated to an authorized user of the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police.

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