(b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,
	(i) section 144 (rape),
	(ii) section 146 (sexual intercourse with female under fourteen and between fourteen and sixteen), or
	(iii) section 148 (sexual intercourse with feeble-minded, etc.);
	(c) an offence under paragraph 153(1)(a) (sexual intercourse with step-daughter, etc.) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988; and
	(d) an attempt to commit an offence referred to in any of paragraphs (a) to (c).
Summons	(4) A summons shall be directed to a person referred to in subsection (1) who is on conditional release requiring the person to report at the place, day and time set out in the summons in order to submit to the obtaining of samples of bodily substances under an authorization granted under that subsection and setting out the matters referred to in paragraphs 487.07(1)(b) to (e).
Service on individual	(5) The summons shall be accompanied by a copy of the authorization referred to in subsection (1) and be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least sixteen years of age.
Proof of service	(6) Service of a summons may be proved by the oral evidence, given under oath, of the peace officer who served it or by the peace officer's affidavit made before a justice of the peace or other person authorized to administer oaths or to take affidavits.
Content of summons	(7) The text of subsection (8) shall be set out in the summons.
Failure to appear	(8) If the person to whom a summons is directed does not report at the place, day and time set out in the summons, a justice of the peace may issue a warrant for the arrest of the person in order to allow the peace officer to obtain, or cause to be obtained under the direction of the peace officer, samples of bodily substances under the authorization.
Contents of warrant to arrest	(9) The warrant shall name or describe the person and order that the person be arrested without delay for the purpose of allowing the peace officer to obtain, or cause to be obtained under the direction of the peace officer, samples of bodily substances under the authorization.
No return day	(10) A warrant issued under subsection (8) remains in force until it is executed and need not be made returnable at any particular time.
When collection to take place	487.056 (1) Samples of bodily substances referred to in sections 487.051 and 487.052 shall be obtained at the time the person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, or as soon as is practicable afterwards, notwithstanding that an appeal may have been taken.
Collection under authorization	(2) Samples of bodily substances referred to in section 487.055 shall be obtained as soon as is practicable after the authorization referred to in that section is granted.
Who collects	(3) Samples of bodily substances referred to in sections 487.051, 487.052 and 487.055 shall be obtained by a peace officer, or another person acting under the direction of a peace officer, who is able, by virtue of training or experience, to obtain them by means of the investigative procedures described in subsection 487.06(1).
Report of peace officer	487.057 (1) A peace officer who is authorized to obtain or cause to be obtained under the direction of the peace officer samples of bodily substances in execution of a warrant under section 487.05 or an order under section 487.051 or 487.052 or under an authorization under section 487.055 shall file a written report with the provincial court judge who issued the warrant, the court that made the order or the justice of the peace who granted the authorization, as the case may be, as soon as is practicable within seven days after the samples have been obtained.
Contents of report	(2) The report shall include
	(a) a statement of the time and date the samples were obtained; and
	(b) a description of the bodily substances that were obtained.
No criminal or civil liability	487.058 No peace officer or person acting under the direction of a peace officer incurs any criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of samples of bodily substances from a person in execution of a warrant under section 487.05 or an order under section 487.051 or 487.052 or under an authorization under section 487.055.
1995, c. 27, s. 1	18. (1) The portion of subsection 487.06(1) of the Act before paragraph (a) is replaced by the following:
Investigative procedures	487.06 (1) A peace officer or another person under the direction of a peace officer is authorized to obtain and seize samples of bodily substances from a person by a warrant under section 487.05 or an order under section 487.051 or 487.052 or an authorization under section 487.055 , by any of the following means:
1995, c. 27, s. 1	(2) Paragraph 487.06(1)(c) of the French version of the Act is replaced by the following:
	c) de sang au moyen d'une piqûre à la surface de la peau avec une lancette stérilisée.
1995, c. 27, s. 1	(3) Subsection 487.06(2) of the Act is replaced by the following:
Terms and conditions	(2) The warrant, order or authorization shall include any terms and conditions that the provincial court judge, court or justice of the peace, as the case may be , considers advisable to ensure that the seizure of the samples authorized by the warrant, order or authorization is reasonable in the circumstances.
1995, c. 27, s. 1	19. Subsections 487.07(1) to (3) of the Act are replaced by the following:
Duty to inform	487.07 (1) Before obtaining, or causing to be obtained under the direction of the peace officer, samples of bodily substances in execution of a warrant under section 487.05 or an order under section 487.051 or 487.052 or under an authorization under section 487.055 , a peace officer shall inform the person from whom the samples are to be obtained of
	(a) the contents of the warrant, order or authorization ;
	(b) the nature of the investigative procedures by means of which the samples are to be obtained;
	(c) the purpose of obtaining the samples ;
	(d) the authority of the peace officer and any other person under the direction of the peace officer to use as much force as is necessary for the purpose of obtaining the samples ; and
	(e) in the case of samples of bodily substances obtained in execution of a warrant ,
	(i) the possibility that the results of forensic DNA analysis may be used in evidence, and
	(ii) if the sample is obtained from a young person, the rights of the young person under subsection (4).
Detention of person	(2) A person from whom samples of bodily substances are to be obtained may
	(a) be detained for that purpose for a period that is reasonable in the circumstances; and
	(b) be required to accompany a peace officer for that purpose .
Respect of privacy	(3) A peace officer who obtains samples of bodily substances from a person or a person who obtains such samples from the person under the direction of a peace officer shall ensure that the person's privacy is respected in a manner that is reasonable in the circumstances.
	20. The Act is amended by adding the following after section 487.07:
Transmission of results to Commissioner	487.071 (1) There shall be transmitted to the Commissioner of the Royal Canadian Mounted Police for entry in the convicted offenders index of the national DNA data bank established under the DNA Identification Act the results of forensic DNA analysis of bodily substances that are
	(a) provided voluntarily in the course of an investigation of a designated offence by any person who is later convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act of the designated offence or another designated offence in respect of the same transaction and who, having been so convicted, discharged or found guilty, consents to having the results entered in the convicted offenders index;
	(b) obtained in execution of a warrant under section 487.05 from a person who is later convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act of the designated offence in respect of which the warrant was issued or another designated offence in respect of the same transaction and who, having been so convicted, discharged or found guilty, consents to having the results entered in the convicted offenders index;
	(c) obtained in execution of an order under section 487.051 or 487.052; or
	(d) obtained under an authorization under section 487.055 or 487.091.
Transmission of bodily substances	(2) Any portions of samples of bodily substances referred to in subsection (1) that are not used in forensic DNA analysis shall be transmitted to the Commissioner of the Royal Canadian Mounted Police for the purposes of the DNA Identification Act.
1995, c. 27, s. 1	21. (1) Subsections 487.08(1) and (2) of the Act are replaced by the following:
Use of bodily substances - warrant	487.08 (1) No person shall use bodily substances that are obtained in execution of a warrant under section 487.05 except
	(a) to use them for the purpose of forensic DNA analysis in the course of an investigation of the designated offence; or
	(b) to transmit any portions of samples of those bodily substances that are not used in forensic DNA analysis to the Commissioner of the Royal Canadian Mounted Police under subsection 487.071(2).
Use of bodily substances - order, etc.	(1.1) No person shall use bodily substances that are obtained in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055 except
	(a) to use them for the purpose of forensic DNA analysis; or
	(b) to transmit any portions of samples of those bodily substances that are not used in forensic DNA analysis to the Commissioner of the Royal Canadian Mounted Police under subsection 487.071(2).
Use of results - warrant	(2) No person shall use the results of forensic DNA analysis of bodily substances that are obtained in execution of a warrant under section 487.05 except
	(a) to use them
	(i) in the course of an investigation of the designated offence or any other designated offence in respect of which a warrant was issued or a bodily substance found in the circumstances described in paragraph 487.05(1)(b), or
	(ii) in any proceeding for such an offence; or
	(b) to transmit them to the Commissioner of the Royal Canadian Mounted Police under subsection 487.071(1).
Use of results - order, etc.	(2.1) No person shall use the results of forensic DNA analysis of bodily substances that are obtained in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055 except to transmit them to the Commissioner of the Royal Canadian Mounted Police under subsection 487.071(1).
	(2) Section 487.08 of the Act is amended by adding the following after subsection (3):
Offence	(4) Every person who contravenes subsection (1.1) or (2.1)
	(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.
1995, c. 27, s. 1	22. (1) The portion of subsection 487.09(1) of the Act before paragraph (a) is replaced by the following:
Destruction of bodily substances, etc. - warrant	487.09 (1) Bodily substances that are obtained from a person in execution of a warrant under section 487.05, and the results of forensic DNA analysis, shall be destroyed or, in the case of results in electronic form, rendered inaccessible without delay after
1995, c. 27, s. 1	(2) Subsection 487.09(2) of the Act is replaced by the following:
Exception	(2) Notwithstanding subsection (1), a provincial court judge may order that the bodily substances that are obtained from a person and the results of forensic DNA analysis not be destroyed during any period that the provincial court judge considers appropriate if the provincial court judge is satisfied that the bodily substances or results might reasonably be required in an investigation or prosecution of the person for another designated offence or of another person for the designated offence or any other offence in respect of the same transaction.
	23. The Act is amended by adding the following after section 487.09:
Collection of additional bodily substances	487.091 (1) If a DNA profile could not be derived from the bodily substances that were obtained from a person in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055, a justice of the peace may, on ex parte application made within a reasonable time after it is determined that the DNA profile could not be derived, grant an authorization in writing authorizing a peace officer to obtain, or cause to be obtained under the direction of the peace officer, from that person, for the purpose of forensic DNA analysis, any number of additional samples of bodily substances that is required for that purpose, by means of the investigative procedures described in subsection 487.06(1).
Reasons	(2) The application shall state the reasons why a DNA profile could not be derived from the bodily substances that were obtained under the initial order or authorization.
Application of certain provisions	(3) The following provisions apply, with any modifications that the circumstances require, in respect of an authorization under this section:
	(a) subsections 487.055(4) to (10);
	(b) subsections 487.056(2) and (3);
	(c) sections 487.057, 487.058 and 487.06;
	(d) subsections 487.07(1) to (3);
	(e) section 487.071; and
	(f) subsections 487.08(1.1), (2.1) and (4).
Powers of Minister of Justice	487.092 (1) The Minister of Justice may prescribe the form of orders made under subsections 487.051(1) and 487.052(1), authorizations granted under subsections 487.055(1) and 487.091(1) and summonses and reports referred to in subsections 487.055(4) and 487.057(1).
Forms not statutory instruments	(2) For greater certainty, a form prescribed under subsection (1) is deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.