National Defence Act

Marginal note:When collection to take place

• 196.17 (1) Samples of bodily substances shall be taken as authorized under section 196.14

  • (a) at the place, day and time set out in an order made under subsection 196.14(4) or as soon as feasible afterwards; or

  • (b) in any other case, on the day on which the order authorizing the taking of the samples is made or as soon as feasible afterwards.

• Marginal note:When collection to take place

  (1.1) Samples of bodily substances shall be taken as authorized under section 196.24

  • (a) at the place, day and time set out in an order made under subsection 196.24(4) or as soon as feasible afterwards; or

  • (b) in any other case, as soon as feasible after the authorization is granted.

• Marginal note:When collection to take place

  (1.2) If a person fails to appear as required by an order made under subsection 196.14(4) or 196.24(4), samples of bodily substances shall be taken

  • (a) when the person is arrested under a warrant issued under subsection 196.161(1) or as soon as feasible afterwards; or

  • (b) as soon as feasible after the person appears at the place set out in the order if no warrant is issued.

• Marginal note:Appeal

  (1.3) Subsections (1) to (1.2) apply even if the order or authorization to take the samples of bodily substances is appealed.

• Marginal note:Collection of samples

  (2) A peace officer who is authorized under section 196.14 or 196.24 to take samples of bodily substances may cause the samples to be taken in any place in or outside Canada in which the person who is subject to the order or authorization is located.

• Marginal note:Who collects samples

  (3) The samples shall be taken by a peace officer who has jurisdiction over the person or in the place in which the samples are taken — or a person acting under their direction — who is able, by virtue of training or experience, to take them.