DNA Identification Act

Marginal note:Storage of bodily substances

• 10 (1) When bodily substances are transmitted to the Commissioner under subsection 487.071(2) of the Criminal Code or subsection 196.22(2) 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.

• Marginal note:Transmission of DNA profile

  (3) Any DNA profile that is derived from stored bodily substances shall be transmitted to the Commissioner for entry in the convicted offenders index and no person shall use such a DNA profile except to transmit it under this subsection.

• 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 nevertheless destroy the stored bodily substances of a person without delay

  • (a) if the person has been convicted of a designated offence, after the conviction is quashed and a final acquittal entered; and

  • (b) if the person has been discharged under section 730 of the Criminal Code of a designated offence,

    • (i) after the expiry of one year after the person is discharged absolutely, unless the person is convicted during that year of another offence, or

    • (ii) after the expiry of three years after the person is discharged conditionally, unless the person is convicted during those three years of another offence.

  • (c) to (e) [Repealed, 2000, c. 10, s. 10]

• Marginal note:Where pardon granted

  (8) Despite anything in this section, stored bodily substances of a person in respect of whom a pardon, within the meaning of section 2 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.