ARCHIVED — Vol. 146, No. 4 — January 28, 2012

Order Amending the Approved Screening Devices Order

Statutory authority

Criminal Code

Sponsoring department

Department of Justice

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

Before the police may use a breath screening device that is designed to ascertain the presence of alcohol in the blood of a person, the device must be approved by the Attorney General of Canada. The “Alco-Sensor FST” is currently listed under subsection 254(1) of the Criminal Code as the “Alco Sensor FST” and is missing a hyphen. The proposed Order will replace the “Alco Sensor FST” with the name that appears on the label that the manufacturer uses for the screening device. The proposed Order would come into effect on the date that it is registered by the Registrar of Statutory Instruments.

Alternatives

No other regulatory alternatives were considered since the breath screening device meets the appropriate scientific standards.

Benefits and costs

Replacement of the “Alco Sensor FST” with the “Alco-Sensor FST” as an approved screening device would correct an administrative error and list the “Alco-Sensor FST” under subsection 254(1) of the Criminal Code.

Consultation

The device was examined by the Alcohol Test Committee of the Canadian Society of Forensic Science and approval of the “Alco-Sensor FST” was recommended by this body, along with the replacement of the “Alco Sensor FST.” The Committee is composed of forensic specialists in the breath-testing field and has national representation.

Compliance and enforcement

There are no compliance mechanisms required. Use of the devices by police authorities would be voluntary.

Contact

Monique Macaranas
Paralegal
Criminal Law Policy Section
Department of Justice
East Memorial Building
284 Wellington Street, Room 5052
Ottawa, Ontario
K1A 0H8
Telephone: 613-957-4752

PROPOSED REGULATORY TEXT

Notice is hereby given that the Attorney General of Canada, pursuant to the definition “approved screening device” (see footnote a) in subsection 254(1) of the Criminal Code (see footnote b), proposes to make the annexed Order Amending the Approved Screening Devices Order.

Interested persons may make representations concerning the proposed Order within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Catherine Kane, Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8.

Ottawa, January 12, 2012

CATHERINE KANE
Director General and Senior General Counsel

ORDER AMENDING THE APPROVED SCREENING DEVICES ORDER

AMENDMENT

1. Paragraph 2(h) of the Approved Screening Devices Order (see footnote 1) is replaced by the following:

  1. (h) Alco-Sensor FST; and

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.

[4-1-o]

Footnote a
R.S., c. 27 (1st Supp.), s. 36

Footnote b
R.S., c. C-46

Footnote 1
SI/85-200