DNA Identification Regulations

2.2 (1) A peace officer or a person acting under their direction who transmits a copy of an order or authorization under paragraph 487.071(2)(b) of the Criminal Code or paragraph 196.22(2)(b) of the National Defence Act to the Commissioner must transmit the following information:

• (a) written confirmation by the peace officer or person that they have searched the applicable records kept by the Canadian Police Information Centre and that the convicted offenders index of the DNA Data Bank contains the DNA profile of the convicted offender who is the subject of the order or authorization; and

• (b) the fingerprints of the convicted offender, and the name of the person who took the fingerprints, or a written statement that

  • (i) attests that fingerprints could not be taken or that it would not have been reasonable in the circumstances to take them,

  • (ii) describes the means that were used to confirm the identity of the convicted offender, and

  • (iii) sets out the name of the person making the statement.

(2) If the information transmitted to the Commissioner under paragraph 487.071(2)(b) of the Criminal Code or paragraph 196.22(2)(b) of the National Defence Act is inaccurate or incomplete, the Commissioner must advise the submitting agency of that fact and shall request that the agency

• (a) provide the corrected or supplementary information; or

• (b) execute, in accordance with subsection 487.071(3) of the Criminal Code or subsection 196.22(3) of the National Defence Act, the order or authorization referred to in paragraph (1)(a).