DNA Identification Act (S.C. 1998, c. 37)

Act current to 2013-05-20 and last amended on 2012-10-23. Previous Versions

Marginal note:Young persons — destruction of bodily substances

  • 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.

  • Marginal note:Exception

    (2) Subsections 10(6) and (7) nevertheless apply to the destruction of stored bodily substances of a young person that relate to

    • (a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or

    • (b) a record to which subsection 120(6) of that Act applies.

  • 2000, c. 10, s. 11;
  • 2005, c. 25, s. 21;
  • 2012, c. 1, s. 203.
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Marginal note:Offence

11. Every person who contravenes subsection 6(6) or (7), section 8 or subsection 10(5)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months, or to both.

  • 1998, c. 37, s. 11;
  • 2005, c. 25, s. 22.
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REGULATIONS

Marginal note:Regulations

12. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act.

REVIEW OF ACT

Marginal note:Review of Act by Parliamentary committee

Footnote *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.

  • Return to footnote *[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.]

  • 1998, c. 37, s. 13;
  • 2000, c. 10, s. 12.

REPORT TO PARLIAMENT

Marginal note:Annual report

  • 13.1 (1) The Commissioner shall, within three months after the end of each fiscal year, submit to the Minister of Public Safety and Emergency Preparedness a report on the operations of the national DNA data bank for the year.

  • Marginal note:Tabling in Parliament

    (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.

  • 2000, c. 10, s. 12;
  • 2005, c. 10, s. 26.
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