ARCHIVED — Vol. 145, No. 50 — December 10, 2011
Order Amending the Order Approving Blood Sample Containers
Department of Justice
(This statement is not part of the Order.)
Before qualified medical practitioners, or qualified technicians under their direction, may use a container designed to receive a sample of blood of a person for analysis for Criminal Code purposes, the Attorney General of Canada must approve the container. Typically, the police departments provide the “approved container,” in respect of blood samples, to medical staff. Presently, subsection 254(1) of the Criminal Code (see footnote 1) lists the “Tri-Tech Inc. TUG10” as an approved blood sample container. The manufacturer has changed its company name and, as such, the label on the “Tri-Tech Inc. TUG10” blood sample container has been changed to “TRITECHFORENSICS TUG10.” The proposed Order will list the most current name that the manufacturer is using on the label for the existing approved container. Adding the “TRITECHFORENSICS TUG10” to the list of approved containers in section 254(1) of the Criminal Code (see footnote 2) would also avoid the need to explain, in some of the cases that will go to trial, that the product, as labelled, remains an “approved container.” The Order will be effective as of the date it is registered by the Registrar of Statutory Instruments at the Privy Council Office.
No other regulatory alternatives were considered since the container meets the appropriate scientific standards.
Benefits and costs
Approval by the Attorney General for each name used by the manufacturer for the existing “approved container,” in respect of blood of a person for analysis, avoids the need to have a witness explain the name change in some of the cases that go to trial.
This container was considered by the Alcohol Test Committee of the Canadian Society of Forensic Science and approval by the Attorney General was recommended by this body. The Committee is composed of forensic specialists in the breath and blood-testing field and has national representation.
Compliance and enforcement
There are no compliance mechanisms required. Use of the container by police authorities would be voluntary.
Criminal Law Policy Section
Department of Justice
East Memorial Building
284 Wellington Street, Room 5052
Notice is hereby given that the Attorney General of Canada, pursuant to paragraph (b) (see footnote a) of the definition “approved container” in subsection 254(1) of the Criminal Code (see footnote b), proposes to make the annexed Order Amending the Order Approving Blood Sample Containers.
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, November 24, 2011
Director General and Senior General Counsel
ORDER AMENDING THE ORDER APPROVING BLOOD SAMPLE CONTAINERS
1. Section 1 of the Order Approving Blood Sample Containers (see footnote 3) is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):
- (f) TRITECHFORENSICS TUG10.
COMING INTO FORCE
2. This Order comes into force on the day on which it is registered.