Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
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Assented to 2014-12-16
Division 171998, c. 37DNA Identification Act
Amendments to the Act
232. Section 2 of the DNA Identification Act is amended by adding the following in alphabetical order:
“human remains”
« restes humains »
“human remains” includes any detached part of the body of a person who may still be alive.
“investigating authority”
« autorité chargée de l’enquête »
“investigating authority” means, as the case may be,
(a) a Canadian law enforcement agency;
(b) a coroner or medical examiner, or a person or organization with similar duties or functions, who is acting in the course of their duties under an Act of Parliament or of a provincial legislature; or
(c) a laboratory.
233. Section 3 of the Act is replaced by the following:
Marginal note:Purpose
3. The purpose of this Act is to establish a national DNA data bank to help
(a) law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act; and
(b) law enforcement agencies — as well as coroners, medical examiners or persons and organizations with similar duties or functions — find missing persons and identify human remains.
Marginal note:2000, c. 10, s. 5
234. (1) Paragraph 4(b) of the Act is replaced by the following:
(a.1) society is well served by locating missing persons and identifying human remains, which can be facilitated by the use of DNA profiles;
(b) the DNA profiles, as well as samples of bodily substances from which the profiles are derived, may be used only in accordance with this Act, and not for any unauthorized purpose; and
(2) Subparagraph 4(c)(i) of the French version of the Act is replaced by the following:
(i) l’utilisation et la communication des renseignements contenus dans la banque de données — notamment des profils —, de même que leur accessibilité,
235. The Act is amended by adding the following before section 5:
Establishment and Contents
Marginal note:2005, c. 10, par. 34(1)(h)
236. (1) Subsection 5(1) of the Act is replaced by the following:
Marginal note:Establishment
5. (1) The Minister of Public Safety and Emergency Preparedness shall establish a national DNA data bank, to be maintained by the Commissioner, consisting of
(a) for criminal identification purposes, a crime scene index, a convicted offenders index and a victims index;
(b) for the purposes of finding missing persons and identifying human remains, a missing persons index, a relatives of missing persons index and a human remains index; and
(c) for the purposes set out in paragraphs (a) and (b), a voluntary donors index.
(2) Subsection 5(5) of the Act is replaced by the following:
Marginal note:Victims index
(4.1) The victims index shall contain DNA profiles derived from bodily substances of a victim of a designated offence that
(a) are voluntarily submitted by the victim for the purpose of having their DNA profile added to the index; or
(b) if the victim is unidentified, deceased or unable to consent to submitting their bodily substances or their whereabouts are unknown, are obtained, as the case may be, from
(i) their personal effects,
(ii) any place associated with the commission of the designated offence, and
(iii) if the victim is deceased, their remains.
Marginal note:Missing persons index
(4.2) The missing persons index shall contain DNA profiles derived from bodily substances of a missing person, including bodily substances obtained from their personal effects.
Marginal note:Relatives of missing persons index
(4.3) The relatives of missing persons index shall contain DNA profiles derived from bodily substances of a person that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may assist in confirming the identity of a person whose DNA profile is contained in the missing persons index or human remains index.
Marginal note:Human remains index
(4.4) The human remains index shall contain DNA profiles derived from human remains.
Marginal note:Voluntary donors index
(4.5) The voluntary donors index shall contain DNA profiles derived from the bodily substances of a person, other than a victim of a designated offence, that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may be relevant to an investigation of a designated offence or of a missing person or human remains.
Marginal note:Other information
(5) In addition to the DNA profiles referred to in subsections (3) to (4.5), the DNA data bank shall contain, in relation to each of the profiles, information from which can be established
(a) in the case of a profile referred to in subsection (3) or any of subsections (4.1) to (4.4), the case number of the investigation associated with the bodily substance from which the profile was derived;
(b) in the case of a profile referred to in any of subsections (4) to (4.5), the identity of the person from whose bodily substance the profile was derived, if that identity is known; and
(c) in the case of a profile referred to in subsection (4.3), the stated biological or other relationship of the person from whose bodily substance the profile was derived with the person whose identity is to be confirmed.
Marginal note:2005, c. 25, s. 16
237. Subsection 5.1(2) of the Act is replaced by the following:
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:2005, c. 25, ss. 17(1) and (3); 2007, c. 22, ss. 31(1), (2)(E) and (3) to (5)
238. Section 6 of the Act is replaced by the following:
Marginal note:Precondition — victims
5.3 (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.
Marginal note:Written consent
5.4 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.
Comparison of Profiles and Communication and Use of Information
Marginal note:Comparison of DNA profiles
5.5 (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.
Marginal note:Communication — match
6. (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.
Marginal note:Communication — similar profile
6.1 (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.
Marginal note:Communication — no match
6.2 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.
Marginal note:Subsequent communication — paragraph 6(1)(a)
6.3 (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.
Marginal note:Communication — foreign law enforcement agencies
6.4 (1) On receipt of a DNA profile from the government of a foreign state, an international organization established by the governments of states or an institution of such a government or international organization, the Commissioner may compare the profile with those already contained in the crime scene index, the convicted offenders index, the missing persons index and the human remains index to determine whether there is a match between profiles and may then communicate any of the following to the government, organization or institution, as the case may be:
(a) if there is no match, that fact;
(b) if there is a match, any information in relation to a matching DNA profile that is already contained in any of those indices;
(c) if there is, in the Commissioner’s opinion, a similar DNA profile already contained in an index, the similar DNA profile;
(d) if, after receiving the similar DNA profile referred to in paragraph (c), the government, organization or institution advises the Commissioner that the possibility of a match between the similar profile with the DNA profile it provided has not been excluded, any information in relation to the similar DNA profile.
Marginal note:Crime scene index
(2) The Commissioner may, on the request of a law enforcement agency in the course of the investigation of a designated offence, communicate a DNA profile contained in the crime scene index to the government of a foreign state, an international organization established by the governments of states or an institution of any such government or international organization.
Marginal note:Missing persons or human remains index
(3) The Commissioner may, on the request of an investigating authority in the course of the investigation of a missing person or human remains, communicate a DNA profile contained in the missing persons index or the human remains index to the government of a foreign state, an international organization established by the governments of states or an institution of any such government or international organization.
Marginal note:Agreement or arrangement
(4) Subsections (1) to (3) apply only if the Government of Canada or one of its institutions has entered into an agreement or arrangement, in accordance with any regulations, with that government, international organization or institution, authorizing the communication solely for the purposes of, as the case may be, the investigation or prosecution of a criminal offence or the investigation of a missing person or human remains.
Marginal note:Authorized users
6.5 Information as to whether a person’s DNA profile is contained in the convicted offenders index may be communicated to an authorized user of the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police.
Marginal note:Unauthorized communication
6.6 Subject to sections 6 to 6.5, no person shall communicate any information that is contained in the DNA data bank or allow the information to be communicated.
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