ARCHIVED — Vol. 145, No. 43 — October 22, 2011

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. This proposed amendment would approve the device known as the “Dräger Alcotest 6810” as being an “approved screening device” for the purposes of the Criminal Code. 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 screening device meets the appropriate scientific standards, and without ministerial approval the device could not be used by police forces in Canada for the purposes of the Criminal Code.

Benefits and costs

Approval of the “Dräger Alcotest 6810” as an approved screening device would permit its use by police forces in order to screen suspected impaired drivers for the presence of alcohol in their blood. Approval of the device would increase the number of “approved screening devices,” thereby providing police departments with increased opportunities for the purchase and use of new equipment for use in the enforcement of the law.

Consultation

The device was examined by the Alcohol Test Committee of the Canadian Society of Forensic Science and approval of the “Dräger Alcotest 6810” was recommended by this body. 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) (see footnote b) of the Criminal Code (see footnote c), 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 Monique Macaranas, Paralegal Specialist, Criminal Law Policy Section, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8 (tel.: 613-957-4752; fax: 613-941-9310; email: monique.macaranas@justice.gc.ca).

Ottawa, October 13, 2011

CATHERINE KANE
Director General and Senior General Counsel

ORDER AMENDING THE APPROVED SCREENING DEVICES ORDER

AMENDMENT

1. Section 2 of the Approved Screening Devices Order (see footnote 1) is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):

  • (i) Dräger Alcotest 6810.

COMING INTO FORCE

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

[43-1-o]