DNA Identification Regulations

3 (1) For the purposes of subsection 8.1(3) of the Act, the prescribed period is five years beginning on the day on which the DNA profile was added to the victims index, the missing persons index, the relatives of missing persons index or the voluntary donors index, as the case may be.

(1.1) If access to information in relation to a DNA profile is not removed at the end of the five-year period because an investigating authority considered appropriate by the Commissioner advises the Commissioner of the matters set out in paragraphs 8.1(3)(a) and (b) of the Act, it must be removed after any subsequent period of five years during which no investigating authority considered appropriate by the Commissioner advises the Commissioner of those matters.

(1.2) For the purpose of subsection 8.1(5) of the Act, the removal of access to information in relation to a DNA profile under any of subsections 8.1(1) to (3) of the Act must be done by destroying the information in relation to the DNA profile and the DNA profile.

(2) For the purpose of subsection (1.2), 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.