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(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. XML Full Document: DNA Identification Act [71 KB] | PDF Full Document: DNA Identification Act [269 KB] Act current to 2020-12-02 and last amended on 2018-03-06. Bill C-13, An Act to Amend the Criminal Code, the DNA Identification Act and the National Defence Act This page has been archived on the Web Information identified as archived is provided for reference, research or recordkeeping purposes. Act Name Citation Royal Assent In force Summary (a) the protection of society and the administration of justice are well served by the early detection, arrest and conviction of offenders, which can be facilitated by the use of DNA profiles; (a.1) society is well served by locating missing persons and identifying human remains, which can be facilitated by the use of DNA profiles; (b) the DNA profiles, as well as samples of bodily substances from which the profiles are derived, may be used only in accordance with this Act, and not for any unauthorized purpose; and, (c) to protect the privacy of individuals with respect to personal information about themselves, safeguards must be placed on, (i) the use and communication of, and access to, DNA profiles and other information contained in the national DNA data bank, and. (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. (iii) if the victim is deceased, their remains. Subsequent communication — paragraph 6(1)(b). 5.5 (1) The Commissioner shall compare each DNA profile that is added to the crime scene index, the convicted offenders index, the victims index, the missing person index, the voluntary donors index or the human remains index with the DNA profiles that are already contained in those indices. (b) in any other case, the investigation of any designated offence. (c) in the case of a profile referred to in subsection (4.3), the stated biological or other relationship of the person from whose bodily substance the profile was derived with the person whose identity is to be confirmed. Before amending the act, we will consider the implications that any new legislation could have on existing criminal law. Assented to 1998-12-10 An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Marginal note:Relatives of missing persons index. (a) the protection of society and the administration of justice are well served by the early detection, arrest and conviction of offenders, which can be facilitated by the use of DNA profiles; (a.1) society is well served by locating missing persons and identifying human remains, which can be facilitated by the use of DNA profiles; (b) the DNA profiles, as well as samples of bodily substances from which the profiles are derived, may be used only in accordance with this Act, and not for any unauthorized purpose; and, (c) to protect the privacy of individuals with respect to personal information about themselves, safeguards must be placed on, (i) the use and communication of, and access to, DNA profiles and other information contained in the national DNA data bank, and. (c) for the purposes set out in paragraphs (a) and (b), a voluntary donors index. Despite the fact that DNA analysis was being used throughout the criminal justice system in Canada since the late 1980s, there was no national coordination at (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. This statute is current to 2020-12-28 according to the, Comparison of Profiles and Communication and Use of Information, Storage and Destruction of Bodily Substances, 8. between Oct 23, 2012 and Mar 5, 2018 (past), 7. between Mar 13, 2012 and Oct 22, 2012 (past), 6. between Jan 1, 2008 and Mar 12, 2012 (past), 5. between Jun 22, 2007 and Dec 31, 2007 (past), 4. between May 19, 2005 and Jun 21, 2007 (past), 3. between Apr 4, 2005 and May 18, 2005 (past), 2. between Apr 1, 2003 and Apr 3, 2005 (past), 1. between Jun 30, 2000 and Mar 31, 2003 (past), DNA Data Bank Advisory Committee Regulations, An Act to amend certain Acts in relation to DNA identification, An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act, Department of Public Safety and Emergency Preparedness Act. (4.3) The relatives of missing persons index shall contain DNA profiles derived from bodily substances of a person that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may assist in confirming the identity of a person whose DNA profile is contained in the missing persons index or human remains index. (a) a confirmation that the order or authorization is valid; (c) a notice that the Attorney General or Director of Military Prosecutions requires an additional period of not greater than 90 days to review the order or authorization; or. Introduced by the Solicitor General and given first reading on 25 September 1997, Bill C-3 would provide a legal framework to regulate the storage and, in some cases, the collection of DNA data and the biological samples from which they have been derived. (b) the personnel of any laboratories that the Commissioner considers appropriate for training purposes. Two years have now passed since the DNA Identification Act came into force. Act current to 2021-01-10 and last amended on 2018-03-06. (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. 5 (1) The Minister of Public Safety and Emergency Preparedness shall establish a national DNA data bank, to be maintained by the Commissioner, consisting of. (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. (profil d’identification génétique), forensic DNA analysis, in relation to a bodily substance, means forensic DNA analysis of the bodily substance. Under the new regime created by the DNA Identification Act, a judge can make a “DNA order” after convicting an offender of certain proscribed crimes. (3) The crime scene index shall contain DNA profiles derived from bodily substances that are found. (ii) the use of, and access to, bodily substances that are transmitted to the Commissioner for the purposes of this Act. It also makes related amendments to the DNA Identification Act(3) and the National Defence Act. (b) is satisfied that other investigative procedures have been tried and have failed or are unlikely to succeed, or that the urgency of the situation requires the comparison of the profile to others. (3) The Commissioner shall retain the copy of the order or authorization transmitted under subsection 487.071(2) of the Criminal Code or subsection 196.22(2) of the National Defence Act. (3) The crime scene index shall contain DNA profiles derived from bodily substances that are found. (ii) the use of, and access to, bodily substances that are transmitted to the Commissioner for the purposes of this Act. (a)law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act; and 2. (autorité chargée de l’enquête), order means an order made under section 487.051 of the Criminal Code or section 196.14 of the National Defence Act. 5.3 (1) A DNA profile and related information shall be added to the victims index only if the Commissioner has reasonable grounds to suspect that the comparison of the profile conducted under subsection 5.5(1) will assist in the investigation of a designated offence with respect to which the profile was obtained. (a) at any place where a designated offence was committed; (b) on or within the body of the victim of a designated offence; (c) on anything worn or carried by the victim at the time when a designated offence was committed; or. The government responded by assenting to the DNA Identification Act on December 10, 1998. In this way, its reputation for success might serve as a deterrent to offenders to re-offend. (3) If the Attorney General or the Director of Military Prosecutions, as the case may be, informs the Commissioner that the offence referred to in the order or authorization is not a designated offence, the Commissioner shall, without delay, destroy the bodily substances collected under the order or authorization and the information transmitted with it. The Act was confirmed in the 2006 R. v. Rodgers Supreme Court case. *26 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. (4.5) The voluntary donors index shall contain DNA profiles derived from the bodily substances of a person, other than a victim of a designated offence, that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may be relevant to an investigation of a designated offence or of a missing person or human remains. (c) in the case of a profile referred to in subsection (4.3), the stated biological or other relationship of the person from whose bodily substance the profile was derived with the person whose identity is to be confirmed. (a) in the case of a profile referred to in subsection (3) or any of subsections (4.1) to (4.4), the case number of the investigation associated with the bodily substance from which the profile was derived; (b) in the case of a profile referred to in any of subsections (4) to (4.5), the identity of the person from whose bodily substance the profile was derived, if that identity is known; and. (infraction désignée), DNA profile means the results of forensic DNA analysis of a bodily substance. 6.5 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. The act of detection of DNA is the canadian law that provides for the creation of a data Bank of DNA and allows judges to order DNA for criminal suspects. 7 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. 5 (1) The Minister of Public Safety and Emergency Preparedness shall establish a national DNA data bank, to be maintained by the Commissioner, consisting of. (a) at any place where a designated offence was committed; (b) on or within the body of the victim of a designated offence; (c) on anything worn or carried by the victim at the time when a designated offence was committed; or. (autorisation), Commissioner means the Commissioner of the Royal Canadian Mounted Police. A properly and fully subscribed National DNA Data Bank promises to assist police in the identification of persons who have committed crimes, both local and cross-jurisdictional. (4.2) The missing persons index shall contain DNA profiles derived from bodily substances of a missing person, including bodily substances obtained from their personal effects. (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. The Act created a national DNA data bank. These orders are legally binding, and the offender must surrender a sample of his or her DNA. 2 The definitions in this section apply in this Act. (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. (restes humains). 10.1 (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. The Act addresses the question of DNA identification, and makes amendments to the Criminal Code and other Acts. (2) If the Attorney General or Director of Military Prosecutions, as the case may be, confirms in writing that the order or authorization is valid or sends a copy of a corrected order or authorization to the Commissioner, the Commissioner shall conduct a forensic DNA analysis of any bodily substances collected under it. (4.1) The victims index shall contain DNA profiles derived from bodily substances of a victim of a designated offence that, (a) are voluntarily submitted by the victim for the purpose of having their DNA profile added to the index; or, (b) if the victim is unidentified, deceased or unable to consent to submitting their bodily substances or their whereabouts are unknown, are obtained, as the case may be, from, (ii) any place associated with the commission of the designated offence, and. The use of DNA for identification purposes in Canada is governed by the 1998 DNA Identification Act (the Act). This legislation allowed a DNA data bank to be created and amended the Criminal Code to provide a mechanism for a judge to order persons convicted of designated offences to provide blood, buccal or hair samples from which DNA profiles will be derived. Marginal note:Purpose 3The purpose of this Act is to establish a national DNA data bank to help 1. (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. (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. (a) a DNA profile cannot be derived from the bodily substances that were taken from that person under an order made under section 196.14; or (b) the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost. The NDDB was established in June 2000 through the enactment of the DNA Identification Act. Changes to the DNA Identification Act have now come into force, allowing for the ... equal access to the same consistent service to every police force and coroner/medical examiner’s office across Canada and at no additional cost. 12 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations. (2) If a comparison conducted under subsection 5.5(1) produces a match between DNA profiles, and at least one of the profiles that match is contained in the missing persons index or the human remains index, the Commissioner may communicate any information in relation to the profiles, to any investigating authority that the Commissioner considers appropriate, for the purpose of the investigation of a missing person or human remains. (f) prescribing anything that by this Act is to be prescribed by regulation. (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. DNA MY DOG is a trademark owned by Canadian Dog Group Ltd. c.o.b as DNA … a S.C. 1998, c. 37 (adolescent), 3 The purpose of this Act is to establish a national DNA data bank to help, (a) law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act; and. Subsequent communication — missing person or human remains. (a) for criminal identification purposes, a crime scene index, a convicted offenders index and a victims index; (b) for the purposes of finding missing persons and identifying human remains, a missing persons index, a relatives of missing persons index and a human remains index; and. investigating authority means, as the case may be, (b) a coroner or medical examiner, or a person or organization with similar duties or functions, who is acting in the course of their duties under an Act of Parliament or of a provincial legislature; or, (c) a laboratory. Subsequent communication — paragraph 6(1)(a). (5) No person shall transmit stored bodily substances to any person or use stored bodily substances except for the purpose of forensic DNA analysis. (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. (b) a record to which subsection 120(6) of that Act applies. (5) In addition to the DNA profiles referred to in subsections (3) to (4.5), the DNA data bank shall contain, in relation to each of the profiles, information from which can be established. 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. (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. 10 (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. 5.2 (1) If the Commissioner is of the opinion that the offence referred to in the order or authorization is not a designated offence, the Commissioner shall retain any bodily substances collected under it and any information transmitted with it, and give notice of the apparent defect to, (a) the Attorney General of the province in which the order or authorization was made, if it was transmitted under section 487.071 of the Criminal Code; or. (4.5) The voluntary donors index shall contain DNA profiles derived from the bodily substances of a person, other than a victim of a designated offence, that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may be relevant to an investigation of a designated offence or of a missing person or human remains. 6.3 (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. The Act authorized the collection and storage, for DNA analysis, of biological samples from anyone convicted – as opposed to merely suspected – of a “designated” offence; generally a serious offence involving violence. (2) Subsections 10(6) and (7) nevertheless apply to the destruction of stored bodily substances of a young person that relate to, 11 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. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1 This Act may be cited as the DNA Identification Act. (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. (ordonnance), Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985. (4) The Commissioner shall destroy any bodily substances and information retained under subsection (1) on the expiry of 180 days after sending a notice under that subsection unless, before the expiry of that period, the Commissioner receives. (b)law enforcement agencies — as well as coroners, medical examiners or persons and organizations with similar duties or functions — find missing persons and identify human remains. (2) The Commissioner’s duties under this Act may be performed on behalf of the Commissioner by any person authorized by the Commissioner to perform those duties. (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. This Act may be cited as the DNA Identification Act. (d) on or within the body of any person or thing or at any place associated with the commission of a designated offence. The legislation created the DNA Identification Act, which authorized the Solicitor General of Canada to establish a national DNA data bank maintained by the Commissioner of the RCMP. DNA My Dog, 1543 Kingston Road, Toronto, Ont., Canada, M1N 1R9 Tel: 416-691-4160 Fax: 905-763-6397 Join our Facebook Group. *13 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. *[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.]. The Supreme Court of Canada has declared the DNA order regime constitutional in several cases. authorization means an authorization made under section 487.055 or 487.091 of the Criminal Code or section 196.24 of the National Defence Act. (autorisation), Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire), designated offence means a designated offence within the meaning of section 487.04 of the Criminal Code or section 196.11 of the National Defence Act. (infraction désignée), DNA means deoxyribonucleic acid. (ADN), DNA profile means the results of forensic DNA analysis of a bodily substance. (profil d’identification génétique), forensic DNA analysis, in relation to a bodily substance, means forensic DNA analysis of the bodily substance. (analyse génétique), human remains includes any detached part of the body of a person who may still be alive. (restes humains). The national DNA data bank reports that as of May 14, 2002, 21,862 DNA profiles have been entered into the convicted offender index and 5,142 DNA profiles have been entered into the crime scene index. 2000-1109A Communication — foreign law enforcement agencies. DNA Identification Regulations SOR /2000-300 DNA IDENTIFICATION ACT Registration 2000-07-27 DNA Identification Regulations P.C. (d) a notice that the issue of whether or not the order or authorization is defective is under review by a judge or in proceedings before a court. (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. investigating authority means, as the case may be, (b) a coroner or medical examiner, or a person or organization with similar duties or functions, who is acting in the course of their duties under an Act of Parliament or of a provincial legislature; or, (c) a laboratory. (autorité chargée de l’enquête), order means an order made under section 487.051 of the Criminal Code or section 196.14 of the National Defence Act. (ordonnance), Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985. (Loi sur les jeunes contrevenants), young person has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act, as the case may be. (adolescent), 3 The purpose of this Act is to establish a national DNA data bank to help, (a) law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act; and. 3The Purpose of this Act Act Registration 2000-07-27 DNA Identification Act ( 3 ) the personnel of any offence! 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