DNA Identification Regulations

2 (1) In order to ensure the integrity of the convicted offenders index of the DNA Data Bank, only samples of bodily substances that were collected with a DNA Data Bank Sample Kit that meets the requirements of subsection (2) may be included in the DNA Data Bank.

(2) A DNA Data Bank Sample Kit shall contain

• (a) detailed instructions on the procedure required to collect and preserve a sample and how to prevent its contamination;

• (b) a sample collection form that provides space for

  • (i) the identification and signature of the person who took the samples from the convicted offender; and

  • (ii) two finger prints of the convicted offender;

• (c) sample collection media that are capable of preserving samples safely and free from contamination; and

• (d) a fingerprint form that provides for the fingerprints of the convicted offender.

(3) Each sample of DNA that is transmitted to the Commissioner for inclusion in the DNA Data Bank shall be securely packed, sealed and transmitted with all of the following:

• (a) a copy of the judicial authorization that authorized the collection of the sample from the convicted offender;

• (b) a sample from the convicted offender that is inserted into the sample collection media, referred to in subsection (2), and attached to the sample collection form;

• (c) on the sample collection form, a plain impression of two fingerprints of the convicted offender and the identification and signature of the person who took those fingerprints; and

• (d) on the separate fingerprint form, a rolled and a plain impression of all of the fingerprints of the convicted offender and the identification and signature of the person who took those fingerprints.

(4) If the fingerprints of a convicted offender are not taken, the following explanations in writing shall also be transmitted to the DNA Data Bank together with the items referred to in subsection (3):

• (a) the reasons why no fingerprints were taken; and

• (b) the means that were used to confirm the identity of the convicted offender together with the identification and signature of the person who made the confirmation.