Criminal Code

Marginal note:Samples — designations and specifications

• 810.3 (1) For the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,

  • (a) designate the persons or classes of persons that may take samples of bodily substances;

  • (b) designate the places or classes of places at which the samples are to be taken;

  • (c) specify the manner in which the samples are to be taken;

  • (d) specify the manner in which the samples are to be analyzed;

  • (e) specify the manner in which the samples are to be stored, handled and destroyed;

  • (f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;

  • (g) designate the persons or classes of persons that may destroy the samples; and

  • (h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.

• Marginal note:Further designations

  (2) Subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate the persons or classes of persons

  • (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.1(3.02)(h) and 810.2(4.1)(f); and

  • (b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g).

• Marginal note:Restriction

  (3) Samples of bodily substances referred to in sections 810, 810.01, 810.011, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).

• Marginal note:Destruction of samples

  (4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2;

  • (b) respecting the designations and specifications referred to in subsections (1) and (2);

  • (c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (4); and

  • (d) respecting any other matters relating to the samples of bodily substances.

• Marginal note:Notice — samples at regular intervals

  (6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.