DNA Identification Act

Marginal note:Defect in order or authorization

• 5.2 (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.