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

Act current to 2019-06-20 and last amended on 2018-03-06. Previous Versions

National DNA Data Bank (continued)

Establishment and Contents (continued)

Marginal note:Review of information transmitted

  •  (1) The Commissioner shall review the information transmitted under section 487.071 of the Criminal Code or section 196.22 of the National Defence Act to ensure that the offence referred to in the order or authorization is a designated offence.

  • Marginal note:Forensic DNA analysis

    (2) The Commissioner shall conduct a forensic DNA analysis of the bodily substances transmitted if satisfied that the offence referred to in the order or authorization is a designated offence and add the resulting DNA profile in the convicted offenders index.

  • Marginal note:Retention of order or authorization

    (3) The Commissioner shall retain the copy of the order or authorization transmitted under subsection 487.071(2) of the Criminal Code or subsection 196.22(2) of the National Defence Act.

  • 2005, c. 25, s. 16
  • 2007, c. 22, s. 29
  • 2014, c. 39, s. 237

Marginal note:Defect in order or authorization

  •  (1) If the Commissioner is of the opinion that the offence referred to in the order or authorization is not a designated offence, the Commissioner shall retain any bodily substances collected under it and any information transmitted with it, and give notice of the apparent defect to

    • (a) the Attorney General of the province in which the order or authorization was made, if it was transmitted under section 487.071 of the Criminal Code; or

    • (b) the Director of Military Prosecutions, if the order or authorization was transmitted under section 196.22 of the National Defence Act.

  • Marginal note:Confirmation or correction

    (2) If the Attorney General or Director of Military Prosecutions, as the case may be, confirms in writing that the order or authorization is valid or sends a copy of a corrected order or authorization to the Commissioner, the Commissioner shall conduct a forensic DNA analysis of any bodily substances collected under it.

  • Marginal note:Substantive defect

    (3) If the Attorney General or the Director of Military Prosecutions, as the case may be, informs the Commissioner that the offence referred to in the order or authorization is not a designated offence, the Commissioner shall, without delay, destroy the bodily substances collected under the order or authorization and the information transmitted with it.

  • Marginal note:Destruction of bodily substances

    (4) The Commissioner shall destroy any bodily substances and information retained under subsection (1) on the expiry of 180 days after sending a notice under that subsection unless, before the expiry of that period, the Commissioner receives

    • (a) a confirmation that the order or authorization is valid;

    • (b) a corrected order or authorization;

    • (c) a notice that the Attorney General or Director of Military Prosecutions requires an additional period of not greater than 90 days to review the order or authorization; or

    • (d) a notice that the issue of whether or not the order or authorization is defective is under review by a judge or in proceedings before a court.

  • 2005, c. 25, s. 16
  • 2007, c. 22, s. 30

Marginal note:Precondition — victims

  •  (1) A DNA profile and related information shall be added to the victims index only if the Commissioner has reasonable grounds to suspect that the comparison of the profile conducted under subsection 5.5(1) will assist in the investigation of a designated offence with respect to which the profile was obtained.

  • Marginal note:Preconditions — missing persons and relatives

    (2) A DNA profile and related information shall be added to the missing persons index or the relatives of missing persons index only if the Commissioner

    • (a) has reasonable grounds to suspect that the comparison of the profile conducted under section 5.5 will assist in the investigation of a missing person or human remains; and

    • (b) is satisfied that other investigative procedures have been tried and have failed or are unlikely to succeed, or that the urgency of the situation requires the comparison of the profile to others.

  • 2014, c. 39, s. 238

Marginal note:Written consent

 A DNA profile and related information shall be added to the relatives of missing persons index or the voluntary donors index, or to the victims index in the circumstances described in paragraph 5(4.1)(a), only if the Commissioner has received the written consent to that addition, provided in accordance with any regulations, of the person who voluntarily provided the bodily substances from which the profile was derived.

  • 2014, c. 39, s. 238

Comparison of Profiles and Communication and Use of Information

Marginal note:Comparison of DNA profiles

  •  (1) The Commissioner shall compare each DNA profile that is added to the crime scene index, the convicted offenders index, the victims index, the missing person index, the voluntary donors index or the human remains index with the DNA profiles that are already contained in those indices.

  • Marginal note:Relatives of missing persons index

    (2) The Commissioner shall compare each DNA profile that is added to the relatives of missing persons index with the DNA profiles that are already contained in the missing persons index and the human remains index.

  • 2014, c. 39, s. 238

Marginal note:Communication — match

  •  (1) If a comparison conducted under subsection 5.5(1) produces a match between DNA profiles, and none of the profiles that match is contained in the missing persons index or the human remains index, the Commissioner may communicate any information in relation to the profiles, to any laboratory or Canadian law enforcement agency that the Commissioner considers appropriate, for the purpose of

    • (a) if at least one of the profiles is contained in the victims index, the investigation of a designated offence with respect to which that profile was obtained; and

    • (b) in any other case, the investigation of any designated offence.

  • Marginal note:Missing persons and human remains indices

    (2) If a comparison conducted under subsection 5.5(1) produces a match between DNA profiles, and at least one of the profiles that match is contained in the missing persons index or the human remains index, the Commissioner may communicate any information in relation to the profiles, to any investigating authority that the Commissioner considers appropriate, for the purpose of the investigation of a missing person or human remains.

  • 1998, c. 37, s. 6
  • 2000, c. 10, s. 7
  • 2005, c. 25, s. 17
  • 2007, c. 22, s. 31
  • 2014, c. 39, s. 238

Marginal note:Communication — similar profile

  •  (1) If a comparison conducted under subsection 5.5(1) indicates that, in the Commissioner’s opinion, two or more DNA profiles are similar, the Commissioner may communicate the similar DNA profiles, to any investigating authority that the Commissioner considers appropriate, for the purpose of determining whether the possibility of a match between the profiles can be excluded.

  • Marginal note:Deemed match

    (2) If the investigating authority advises the Commissioner that the profiles are similar and that the possibility of a match between the DNA profiles has not been excluded, the Commissioner may communicate any information in relation to the profiles in accordance with subsection 6(1) or (2), as the case may be, as if there were a match between them.

  • Marginal note:Relatives of missing persons index

    (3) If a comparison conducted under subsection 5.5(2) indicates that a DNA profile that is already contained in the missing persons index or human remains index could be the profile of a biological relative of someone whose DNA profile is added to the relatives of missing persons index, the Commissioner may communicate any information in relation to both DNA profiles, to any investigating authority that the Commissioner considers appropriate, for the purpose of the investigation of a missing person or human remains.

  • 2014, c. 39, s. 238

Marginal note:Communication — no match

 If a comparison conducted under section 5.5 produces neither a match between DNA profiles nor a result referred to in subsection 6.1(1) or (3), the Commissioner may communicate that fact to any investigating authority that the Commissioner considers appropriate.

  • 2014, c. 39, s. 238

Marginal note:Subsequent communication — paragraph 6(1)(a)

  •  (1) Information that is communicated under paragraph 6(1)(a) may be communicated subsequently to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of a designated offence with respect to which the DNA profile referred to in that paragraph was obtained.

  • Marginal note:Subsequent communication — different purpose

    (2) Information that is communicated under paragraph 6(1)(a) to a law enforcement agency may be communicated subsequently by a member of the agency to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of any designated offence, if the member has reasonable grounds to suspect that the information will assist in the investigation or prosecution.

  • Marginal note:Further communication — different purpose

    (3) Information that is communicated to a person under subsection (2) may be communicated subsequently to another person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution referred to in that subsection.

  • Marginal note:Subsequent communication — paragraph 6(1)(b)

    (4) Information that is communicated under paragraph 6(1)(b) may be communicated subsequently to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of any designated offence.

  • Marginal note:Subsequent communication — missing person or human remains

    (5) Information that is communicated under subsection 6(2) or 6.1(3) may be communicated subsequently to a person to whom it is necessary to communicate the information for the purpose of the investigation of a missing person or human remains.

  • Marginal note:Subsequent communication — different purpose

    (6) Information that is communicated under subsection 6(2) or 6.1(3) to a law enforcement agency may be communicated subsequently by a member of the agency to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of a designated offence, if the member has reasonable grounds to suspect that the information will assist in the investigation or prosecution.

  • Marginal note:Further communication — different purpose

    (7) Information that is communicated to a person under subsection (6) may be communicated subsequently to another person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution referred to in that subsection.

  • 2014, c. 39, s. 238
 
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