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DNA Identification Act (S.C. 1998, c. 37)

Act current to 2022-06-20 and last amended on 2018-03-06. Previous Versions

National DNA Data Bank (continued)

Comparison of Profiles and Communication and Use of Information (continued)

Marginal note:Communication — similar profile

  •  (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.

  • 2014, c. 39, s. 238

Marginal note:Communication — no match

 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.

  • 2014, c. 39, s. 238

Marginal note:Subsequent communication — paragraph 6(1)(a)

  •  (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.

  • 2014, c. 39, s. 238

Marginal note:Communication — foreign law enforcement agencies

  •  (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.

  • 2014, c. 39, s. 238

Marginal note:Authorized users

 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.

  • 2014, c. 39, s. 238

Marginal note:Unauthorized communication

 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.

  • 2014, c. 39, s. 238

Marginal note:Access to information

 Access to information contained in the DNA data bank may be granted to

  • (a) any person or class of persons that the Commissioner considers appropriate for the purposes of the proper operation and maintenance of the DNA data bank; and

  • (b) the personnel of any laboratories that the Commissioner considers appropriate for training purposes.

  • 1998, c. 37, s. 7
  • 2014, c. 39, s. 239(F)

Marginal note:Unauthorized use of information

  •  (1) Subject to subsection (2), no person to whom information is communicated under any of sections 6, 6.1 and 6.3 or who has access to information under paragraph 7(a) or (b) shall use that information other than for the purposes set out in the applicable provision of those sections.

  • Marginal note:Use for different purpose

    (2) After a law enforcement agency has received information in relation to a DNA profile that was communicated to them under paragraph 6(1)(a) or subsection 6(2) or 6.1(3), a member of the agency may use that information for the purpose of the investigation or prosecution of a designated offence if they have reasonable grounds to suspect that the information will assist in the investigation or prosecution.

  • Marginal note:Use of results of DNA analysis — order or authorization

    (3) No person shall use the results of forensic DNA analysis of bodily substances that are taken in execution of an order or authorization, except in accordance with this Act.

  • 1998, c. 37, s. 8
  • 2005, c. 25, s. 17.1
  • 2014, c. 39, s. 240

Removal of Access to Information

Marginal note:Removal of access to information — crime scene index

  •  (1) Access to information in the crime scene index shall be removed from that index without delay if the information relates to a DNA profile derived from a bodily substance of

    • (a) a victim of a designated offence that was the object of the relevant investigation; or

    • (b) a person who has been eliminated as a suspect in the relevant investigation.

  • Marginal note:Other indices

    (2) Access to information in relation to a DNA profile in the victims index, the missing persons index, the relatives of missing persons index, the human remains index or the voluntary donors index shall be removed from that index without delay if the Commissioner is advised that

    • (a) the person from whose bodily substances the profile was derived wishes to have access to the information removed; or

    • (b) the comparison under this Act of the profile with other profiles will not assist in the investigation with respect to which the profile was obtained.

  • Marginal note:Periodic removal

    (3) After each period prescribed by regulation, access to information in relation to a DNA profile in the victims index, the missing persons index, the relatives of missing persons index or the voluntary donors index shall be removed from that index without delay unless the Commissioner is advised before the end of the period, by any investigating authority that the Commissioner considers appropriate, that

    • (a) the investigating authority has not been advised by the person from whose bodily substances the profile was derived that they wish to have access to the information removed; and

    • (b) the comparison under this Act of the profile with other profiles may assist in the investigation with respect to which the profile was obtained.

  • Marginal note:Subsequent DNA profile

    (4) Removal of access to information in relation to a DNA profile of a person from an index under this section does not prevent a DNA profile derived from the bodily substances of the same person, and any information in relation to that profile, from subsequently being added to any index in accordance with this Act.

  • Marginal note:Regulations — requirements

    (5) The removal of access to information under any of subsections (1) to (3) shall be done in accordance with the requirements set out in any regulations that apply with respect to that subsection.

  • 1998, c. 37, s. 8.1
  • 2014, c. 39, s. 240

Marginal note:Transfer to another index

 The Commissioner may transfer a DNA profile and information in relation to it from one index — other than the convicted offenders index or the relatives of missing persons index — to another, as long as the addition of the profile to the other index is in accordance with the applicable provisions of this Act.

  • 2014, c. 39, s. 240

Marginal note:Information to be kept indefinitely

  •  (1) Subject to subsection (2), section 9.1 and the Criminal Records Act, information in the convicted offenders index shall be kept indefinitely.

  • Marginal note:Information to be permanently removed

    (2) Access to information in the convicted offenders index shall be permanently removed

    • (a) without delay after every order or authorization for the collection of bodily substances from the person to whom the information relates is finally set aside; or

    • (b) without delay after the person is finally acquitted of every designated offence in connection with which an order was made or an authorization was granted.

    • (c) [Repealed, 2014, c. 39, s. 241]

  • 1998, c. 37, s. 9
  • 2000, c. 10, s. 8
  • 2005, c. 25, s. 18
  • 2007, c. 22, s. 32
  • 2014, c. 39, s. 241

Marginal note:Young persons — access to information removed

  •  (1) Access to information in the convicted offenders index in relation to a young person who has been found guilty under the Young Offenders Act or under the Youth Criminal Justice Act of a designated offence shall be permanently removed without delay when the record relating to the same offence is required to be destroyed, sealed or transmitted to the National Archivist of Canada under Part 6 of the Youth Criminal Justice Act.

  • Marginal note:Exception

    (2) Section 9 nevertheless applies to information in the convicted offenders index in relation to

    • (a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or

    • (b) a record to which subsection 120(6) of that Act applies.

  • 2000, c. 10, s. 9
  • 2005, c. 25, s. 19
  • 2012, c. 1, s. 202

Storage and Destruction of Bodily Substances

Marginal note:Storage of bodily substances

  •  (1) When bodily substances are transmitted to the Commissioner under section 487.071 of the Criminal Code or section 196.22 of the National Defence Act, the Commissioner shall, subject to this section and section 10.1, safely and securely store, for the purpose of forensic DNA analysis, the portions of the samples of the bodily substances that the Commissioner considers appropriate and without delay destroy any remaining portions.

  • Marginal note:Change in technology

    (2) Forensic DNA analysis of stored bodily substances may be performed if the Commissioner is of the opinion that the analysis is justified because significant technological advances have been made since the time when a DNA profile of the person who provided the bodily substances, or from whom they were taken, was last derived.

  • (3) [Repealed, 2005, c. 25, s. 20]

  • Marginal note:Access

    (4) Access to stored bodily substances may be granted to any person or class of persons that the Commissioner considers appropriate for the purpose of preserving the bodily substances.

  • Marginal note:Use of bodily substances

    (5) No person shall transmit stored bodily substances to any person or use stored bodily substances except for the purpose of forensic DNA analysis.

  • Marginal note:Later destruction

    (6) The Commissioner may at any time destroy any or all of the stored bodily substances if the Commissioner considers that they are no longer required for the purpose of forensic DNA analysis.

  • Marginal note:Mandatory destruction in certain cases

    (7) The Commissioner shall destroy the stored bodily substances of a person

    • (a) without delay after every order or authorization for the collection of bodily substances from the person is finally set aside; or

    • (b) without delay after the person is finally acquitted of every designated offence in connection with which an order was made or an authorization was granted.

    • (c) [Repealed, 2014, c. 39, s. 243]

  • Marginal note:When record suspension is in effect

    (8) Despite anything in this section, stored bodily substances of a person in respect of whom a record suspension, as defined in subsection 2(1) of the Criminal Records Act, is in effect shall be kept separate and apart from other stored bodily substances, and no such bodily substance shall be used for forensic DNA analysis, nor shall the existence of such a bodily substance be communicated to any person.

  • 1998, c. 37, s. 10
  • 2000, c. 10, s. 10
  • 2005, c. 25, s. 20
  • 2007, c. 22, s. 33
  • 2012, c. 1, s. 148
  • 2014, c. 39, s. 243
 
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