(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. (ordonnance), Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985. *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) 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. (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. 6.4 (1) On receipt of a DNA profile from the government of a foreign state, an international organization established by the governments of states or an institution of such a government or international organization, the Commissioner may compare the profile with those already contained in the crime scene index, the convicted offenders index, the missing persons index and the human remains index to determine whether there is a match between profiles and may then communicate any of the following to the government, organization or institution, as the case may be: (b) if there is a match, any information in relation to a matching DNA profile that is already contained in any of those indices; (c) if there is, in the Commissioner’s opinion, a similar DNA profile already contained in an index, the similar DNA profile; (d) if, after receiving the similar DNA profile referred to in paragraph (c), the government, organization or institution advises the Commissioner that the possibility of a match between the similar profile with the DNA profile it provided has not been excluded, any information in relation to the similar DNA profile. (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. (b) the Director of Military Prosecutions, if the order or authorization was transmitted under section 196.22 of the National Defence Act. 6.2 If a comparison conducted under section 5.5 produces neither a match between DNA profiles nor a result referred to in subsection 6.1(1) or (3), the Commissioner may communicate that fact to any investigating authority that the Commissioner considers appropriate. 6.6 Subject to sections 6 to 6.5, no person shall communicate any information that is contained in the DNA data bank or allow the information to be communicated. The a Add your article 2 The definitions in this section apply in this Act. The use of DNA for identification purposes in Canada is governed by the 1998 DNA Identification Act (the Act). Preconditions — missing persons and relatives, (2) A DNA profile and related information shall be added to the missing persons index or the relatives of missing persons index only if the Commissioner, (a) has reasonable grounds to suspect that the comparison of the profile conducted under section 5.5 will assist in the investigation of a missing person or human remains; and. (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. Use of results of DNA analysis — order or authorization. 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) 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. (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. 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. (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. The Act received Royal Assent on 10 December 1998. (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. (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. 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: (b) a record to which subsection 120(6) of that Act applies. (6) Information that is communicated under subsection 6(2) or 6.1(3) 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 a designated offence, if the member has reasonable grounds to suspect that the information will assist in the investigation or prosecution. (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. Further DNA legislation, the DNA Identification Act, was enacted in 1998 and came into force in 2000. 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. (f) prescribing anything that by this Act is to be prescribed by regulation. (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. (4.4) The human remains index shall contain DNA profiles derived from human remains. Act Name Citation Royal Assent In force Summary 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) The convicted offenders index shall contain DNA profiles derived from bodily substances that are taken under orders and authorizations. (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. (autorisation), Commissioner means the Commissioner of the Royal Canadian Mounted Police. In 1998, Parliament enacted Bill C-3, An Act respecting DNA Identification and to make consequential amendments to the Criminal Code and other Acts (S.C. 1998, c. 37). (b) a person who has been eliminated as a suspect in the relevant investigation. (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. (4) The convicted offenders index shall contain DNA profiles derived from bodily substances that are taken under orders and authorizations. (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. (ii) the use of, and access to, bodily substances that are transmitted to the Commissioner for the purposes of this Act. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. 6 (1) If a comparison conducted under subsection 5.5(1) produces a match between DNA profiles, and none 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 laboratory or Canadian law enforcement agency that the Commissioner considers appropriate, for the purpose of, (a) if at least one of the profiles is contained in the victims index, the investigation of a designated offence with respect to which that profile was obtained; and. 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. 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