Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
Full Document:
Assented to 2014-12-16
239. Section 7 of the French version of the Act is replaced by the following:
Marginal note:Accès aux renseignements contenus dans la banque
7. Le personnel de tout laboratoire et toute personne — ou catégorie de personnes — que le commissaire estime compétents peuvent avoir accès aux renseignements contenus dans la banque de données respectivement à des fins de formation et pour assurer le bon fonctionnement et l’entretien de la banque.
Marginal note:2005, c. 25, s. 17.1
240. Sections 8 and 8.1 of the Act are replaced by the following:
Marginal note:Unauthorized use of information
8. (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.
Removal of Access to Information
Marginal note:Removal of access to information — crime scene index
8.1 (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.
Marginal note:Transfer to another index
8.2 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.
Marginal note:2007, c. 22, s. 32
241. Subsection 9(2) of the Act is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).
242. The Act is amended by adding the following before section 10:
Storage and Destruction of Bodily Substances
Marginal note:2007, c. 22, s. 33
243. Subsection 10(7) of the Act is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).
244. The Act is amended by adding the following before section 11:
Offence
Marginal note:2005, c. 25, s. 22
245. The portion of section 11 of the Act before paragraph (a) is replaced by the following:
Marginal note:Contravention of sections
11. Every person who contravenes section 6.6 or 8 or subsection 10(5)
246. Section 12 of the Act is replaced by the following:
Marginal note:Regulations
12. 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.
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