Criminal Code

Marginal note:Verification

• 487.071 (1) Before taking samples of bodily substances from a person under an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, a peace officer, or a person acting under their direction, shall verify whether the convicted offenders index of the national DNA data bank, established under the DNA Identification Act, contains the person’s DNA profile.

• Marginal note:DNA profile in data bank

  (2) If the person’s DNA profile is in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall not take any bodily substances from the person but shall

  • (a) confirm in writing on the order or authorization that he or she has been advised that the person’s DNA profile is in the DNA data bank; and

  • (b) transmit a copy of the order or authorization containing that confirmation and any other information prescribed by regulations made under the DNA Identification Act to the Commissioner of the Royal Canadian Mounted Police.

• Marginal note:DNA profile not in data bank

  (3) If the person’s DNA profile is not in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall execute the order or authorization and transmit to the Commissioner of the Royal Canadian Mounted Police

  • (a) any bodily substances taken; and

  • (b) a copy of the order or authorization and any other information prescribed by regulations made under the DNA Identification Act.