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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)

Storage and Destruction of Bodily Substances (continued)

Marginal note:Young persons — destruction of bodily substances

  •  (1) The Commissioner shall, without delay, destroy stored bodily substances of a young person who has been found guilty of a designated offence under the Young Offenders Act or under the Youth Criminal Justice Act 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) Subsections 10(6) and (7) nevertheless apply to the destruction of stored bodily substances of a young person that relate 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. 11
  • 2005, c. 25, s. 21
  • 2012, c. 1, s. 203

Offence

Marginal note:Contravention of sections

 Every person who contravenes section 6.6 or 8 or subsection 10(5)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months, or to both.

  • 1998, c. 37, s. 11
  • 2005, c. 25, s. 22
  • 2014, c. 39, s. 245

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

  • (a) respecting the establishment and operation of the national DNA data bank;

  • (b) respecting the collection and transmission of any information or other thing that is to be received by the Commissioner;

  • (c) respecting agreements or arrangements referred to in subsection 6.4(4);

  • (d) respecting access to information that is contained in the national DNA data bank, including removal of access to information and destruction of information;

  • (e) respecting the establishment of advisory committees to advise on any matter related to the national DNA data bank; and

  • (f) prescribing anything that by this Act is to be prescribed by regulation.

  • 1998, c. 37, s. 12
  • 2014, c. 39, s. 246

Review of Act

Marginal note:Review of Act by Parliamentary committee

Footnote * Within five years after this Act comes into force, a review of the provisions and operation of this Act shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose.

  • Return to footnote *[Note: Sections 2, 3 and 12 in force May 8, 2000, see SI/2000-37; sections 1, 4 to 11 and 13 to 25 in force June 30, 2000, see SI/2000-60.]

  • 1998, c. 37, s. 13
  • 2000, c. 10, s. 12

Report to Parliament

Marginal note:Annual report

  •  (1) The Commissioner shall, within three months after the end of each fiscal year, submit to the Minister of Public Safety and Emergency Preparedness a report on the operations of the national DNA data bank for the year.

  • Marginal note:Tabling in Parliament

    (2) The Minister shall cause the report of the Commissioner to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it.

  • 2000, c. 10, s. 12
  • 2005, c. 10, s. 26

Consequential Amendments

 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote * This Act or any of its provisions or any provision of an Act enacted by this Act comes into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Sections 2, 3 and 12 in force May 8, 2000, see SI/2000-37; sections 1, 4 to 11 and 13 to 25 in force June 30, 2000, see SI/2000-60.]

 
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