DNA Identification Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2000-300/FullText.html

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DNA Identification Regulations

SOR/2000-300DNA IDENTIFICATION ACT
Registration 2000-07-27
DNA Identification Regulations
P.C. 2000-1109  2000-07-27Her Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, pursuant to section 12 of the DNA Identification ActFootnote a, hereby makes the annexed DNA Identification Regulations.
Return to footnote aS.C. 1998, c. 37Interpretation

1 The definitions in this section apply in these Regulations.

Act
Act means the DNA Identification Act. (Loi)
DNA Data Bank
DNA Data Bank means the national DNA data bank established by the Solicitor General of Canada under section 5 of the Act. (banque de données génétiques)

Samples

2 (1) In order to ensure the integrity of the convicted offenders index of the DNA Data Bank, only samples of bodily substances that were collected with a DNA Data Bank Sample Kit that meets the requirements of subsection (2) may be included in the DNA Data Bank.

(2) A DNA Data Bank Sample Kit shall contain

(a) detailed instructions on the procedure required to collect and preserve a sample and how to prevent its contamination;

(b) a sample collection form that provides space for

(i) the identification and signature of the person who took the samples from the convicted offender; and
(ii) two finger prints of the convicted offender;

(c) sample collection media that are capable of preserving samples safely and free from contamination; and
(d) a fingerprint form that provides space for the fingerprints of the convicted offender.

(3) Each sample of DNA that is transmitted to the Commissioner for inclusion in the DNA Data Bank shall be securely packed, sealed and transmitted with all of the following:

(a) a copy of the judicial authorization that authorized the collection of the sample from the convicted offender;
(b) a sample from the convicted offender that is inserted into the sample collection media, referred to in subsection (2), and attached to the sample collection form;
(c) on the sample collection form, a plain impression of two fingerprints of the convicted offender and the identification and signature of the person who took those fingerprints; and
(d) on the separate fingerprint form, a rolled and a plain impression of all of the fingerprints of the convicted offender and the identification and signature of the person who took those fingerprints.

(4) If the fingerprints of a convicted offender are not taken, the following explanations in writing shall also be transmitted to the DNA Data Bank together with the items referred to in subsection (3):

(a) the reasons why no fingerprints were taken; and
(b) the means that were used to confirm the identity of the convicted offender together with the identification and signature of the person who made the confirmation.

SOR/2002-451, s. 1;
SOR/2006-225, s. 1(E);
SOR/2008-139, s. 1(E).

Previous Version

Witness

2.1 If any sample and any fingerprints of the convicted offender were not taken by the same person, the fingerprint form referred to in paragraph 2(2)(d) shall contain the identification and signature of a person who witnessed both the taking of the sample and the taking of the fingerprints.

SOR/2002-451, s. 1;
SOR/2006-225, s. 2(E).

Previous Version

Subsection 487.071(2) of the Criminal Code – Prescribed Information

2.2 (1) For the purposes of paragraph 487.071(2)(b) of the Criminal Code, the following information is the prescribed information to be transmitted to the Commissioner:

(a) a copy of the order or authorization, referred to in subsection 487.071(1) of the Criminal Code, together with confirmation in writing by a peace officer, or a person acting under their direction, that they have verified, based on a search of the applicable record kept by the Canadian Police Information Centre, that the convicted offenders index of the DNA data bank contains the DNA profile of the convicted offender that is the subject of the order or authorization; and
(b) a fingerprint form that contains a rolled and a plain impression of all of the fingerprints of the convicted offender and the identification and signature of the person who took those fingerprints.

(2) Where the information transmitted to the Commissioner under paragraph 478.071(2)(b) of the Criminal Code is inaccurate or incomplete, the Commissioner shall advise the submitting agency of that fact and shall request that the agency

(a) provide the corrected or supplementary information; or
(b) execute, in accordance with subsection 487.071(3) of the Criminal Code, the order or authorization referred to in paragraph (1)(a).

SOR/2008-139, s. 2.

Removal of Access to DNA Information

3 (1) If the Commissioner is notified that DNA information in the crime scene index of the DNA Data Bank relates to a person referred to in paragraph 8.1(a) or (b) of the Act, the Commissioner shall without delay destroy the information and sever all links that may exist to any personal identifiers in any other data bank.

(2) For the purpose of subsection (1), “destroy” means

(a) to shred, burn or otherwise physically destroy, in the case of information other than information in electronic form; and
(b) to delete, write over or otherwise render permanently inaccessible, in the case of information in electronic form.

SOR/2002-451, s. 2(F).

Electronic Transmission

4 Any DNA profile that is transmitted to the Commissioner under subsection 10(3) of the Act electronically shall be transmitted using an encrypted secure network with controlled access at the points of entry and receipt.

International Agreements

5 For the purposes of subsections 6(3) to (7) of the Act, if the Government of Canada or one of its institutions enters into an agreement or arrangement referred to in paragraph 8(2)(f) of the Privacy Act with a government of a foreign state or an international organization or institution, the agreement or arrangement shall include safeguards to protect the privacy of the personal information used or disclosed under it.

Coming into Force

6 These Regulations come into force on the day on which they are registered.