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

Act current to 2019-08-28 and last amended on 2018-03-06. Previous Versions

DNA Identification Act

S.C. 1998, c. 37

Assented to 1998-12-10

An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the DNA Identification Act.

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Act.

authorization

authorization means an authorization made under section 487.055 or 487.091 of the Criminal Code or section 196.24 of the National Defence Act. (autorisation)

Commissioner

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

designated offence

designated offence means a designated offence within the meaning of section 487.04 of the Criminal Code or section 196.11 of the National Defence Act. (infraction désignée)

DNA

DNA means deoxyribonucleic acid. (ADN)

DNA profile

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

forensic DNA analysis

forensic DNA analysis, in relation to a bodily substance, means forensic DNA analysis of the bodily substance. (analyse génétique)

human remains

human remains includes any detached part of the body of a person who may still be alive. (restes humains)

investigating authority

investigating authority means, as the case may be,

  • (a) a Canadian law enforcement agency;

  • (b) a coroner or medical examiner, or a person or organization with similar duties or functions, who is acting in the course of their duties under an Act of Parliament or of a provincial legislature; or

  • (c) a laboratory. (autorité chargée de l’enquête)

order

order means an order made under section 487.051 of the Criminal Code or section 196.14 of the National Defence Act. (ordonnance)

Young Offenders Act

Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985. (Loi sur les jeunes contrevenants)

young person

young person has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act, as the case may be. (adolescent)

  • 1998, c. 37, s. 2
  • 2000, c. 10, s. 4
  • 2002, c. 1, s. 187
  • 2005, c. 25, s. 14
  • 2007, c. 22, s. 27
  • 2014, c. 39, s. 232

Purpose

Marginal note:Purpose

 The purpose of this Act is to establish a national DNA data bank to help

  • (a) law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act; and

  • (b) law enforcement agencies — as well as coroners, medical examiners or persons and organizations with similar duties or functions — find missing persons and identify human remains.

  • 1998, c. 37, s. 3
  • 2014, c. 39, s. 233

Principles

Marginal note:Principles

 It is recognized and declared that

  • (a) the protection of society and the administration of justice are well served by the early detection, arrest and conviction of offenders, which can be facilitated by the use of DNA profiles;

  • (a.1) society is well served by locating missing persons and identifying human remains, which can be facilitated by the use of DNA profiles;

  • (b) the DNA profiles, as well as samples of bodily substances from which the profiles are derived, may be used only in accordance with this Act, and not for any unauthorized purpose; and

  • (c) to protect the privacy of individuals with respect to personal information about themselves, safeguards must be placed on

    • (i) the use and communication of, and access to, DNA profiles and other information contained in the national DNA data bank, and

    • (ii) the use of, and access to, bodily substances that are transmitted to the Commissioner for the purposes of this Act.

  • 1998, c. 37, s. 4
  • 2000, c. 10, s. 5
  • 2014, c. 39, s. 234

National DNA Data Bank

Establishment and Contents

Marginal note:Establishment

  •  (1) The Minister of Public Safety and Emergency Preparedness shall establish a national DNA data bank, to be maintained by the Commissioner, consisting of

    • (a) for criminal identification purposes, a crime scene index, a convicted offenders index and a victims index;

    • (b) for the purposes of finding missing persons and identifying human remains, a missing persons index, a relatives of missing persons index and a human remains index; and

    • (c) for the purposes set out in paragraphs (a) and (b), a voluntary donors index.

  • Marginal note:Commissioner’s duties

    (2) The Commissioner’s duties under this Act may be performed on behalf of the Commissioner by any person authorized by the Commissioner to perform those duties.

  • Marginal note:Crime scene index

    (3) The crime scene index shall contain DNA profiles derived from bodily substances that are found

    • (a) at any place where a designated offence was committed;

    • (b) on or within the body of the victim of a designated offence;

    • (c) on anything worn or carried by the victim at the time when a designated offence was committed; or

    • (d) on or within the body of any person or thing or at any place associated with the commission of a designated offence.

  • Marginal note:Convicted offenders index

    (4) The convicted offenders index shall contain DNA profiles derived from bodily substances that are taken under orders and authorizations.

  • Marginal note:Victims index

    (4.1) The victims index shall contain DNA profiles derived from bodily substances of a victim of a designated offence that

    • (a) are voluntarily submitted by the victim for the purpose of having their DNA profile added to the index; or

    • (b) if the victim is unidentified, deceased or unable to consent to submitting their bodily substances or their whereabouts are unknown, are obtained, as the case may be, from

      • (i) their personal effects,

      • (ii) any place associated with the commission of the designated offence, and

      • (iii) if the victim is deceased, their remains.

  • Marginal note:Missing persons index

    (4.2) The missing persons index shall contain DNA profiles derived from bodily substances of a missing person, including bodily substances obtained from their personal effects.

  • Marginal note:Relatives of missing persons index

    (4.3) The relatives of missing persons index shall contain DNA profiles derived from bodily substances of a person that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may assist in confirming the identity of a person whose DNA profile is contained in the missing persons index or human remains index.

  • Marginal note:Human remains index

    (4.4) The human remains index shall contain DNA profiles derived from human remains.

  • Marginal note:Voluntary donors index

    (4.5) The voluntary donors index shall contain DNA profiles derived from the bodily substances of a person, other than a victim of a designated offence, that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may be relevant to an investigation of a designated offence or of a missing person or human remains.

  • Marginal note:Other information

    (5) In addition to the DNA profiles referred to in subsections (3) to (4.5), the DNA data bank shall contain, in relation to each of the profiles, information from which can be established

    • (a) in the case of a profile referred to in subsection (3) or any of subsections (4.1) to (4.4), the case number of the investigation associated with the bodily substance from which the profile was derived;

    • (b) in the case of a profile referred to in any of subsections (4) to (4.5), the identity of the person from whose bodily substance the profile was derived, if that identity is known; and

    • (c) in the case of a profile referred to in subsection (4.3), the stated biological or other relationship of the person from whose bodily substance the profile was derived with the person whose identity is to be confirmed.

  • 1998, c. 37, s. 5
  • 2000, c. 10, s. 6
  • 2005, c. 10, s. 34, c. 25, s. 15
  • 2007, c. 22, s. 28
  • 2014, c. 39, s. 236
 
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