Marginal note:2007, c. 22, s. 23; 2012, c. 1, s. 38; 2014, c. 25, s. 32

• 331 (1) The portion of Form 5.04 of Part XXVIII of the Act that begins with “Whereas” and ends with “the “offender”,” is replaced by the following:

  Whereas (name of person), in this order called the “person”,

• (2) The portion of paragraph (b) of the English version of Form 5.04 of Part XXVIII of the Act before subparagraph (i) is replaced by the following:

  • (b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the finding was made, was one of the following secondary designated offences within the meaning of section 487.04 of the Criminal Code (check applicable box):

• (3) The portion of Form 5.04 of Part XXVIII of the Act that follows subparagraph (b)(v) is replaced by the following:

  Whereas the person’s criminal record, the nature of the offence, the circumstances surrounding its commission, whether the person was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the person’s privacy and security have been considered by the court;

  And whereas the court is satisfied that it is in the best interests of the administration of justice to make this order;

  Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

  This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances:

  Dated (date), at (place).

  (Signature of judge of the court or clerk of the court)