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DNA Identification Regulations

Version of section 2 from 2008-05-01 to 2018-03-06:

  •  (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 space 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.

  • SOR/2002-451, s. 1
  • SOR/2006-225, s. 1(E)
  • SOR/2008-139, s. 1(E)

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