Canada Gazette, Part I, Volume 152, Number 45: Order Amending the Approved Screening Devices Order

November 10, 2018

Statutory authority

Criminal Code

Sponsoring department

Department of Justice

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

The proposed amendment to the Approved Screening Devices Order would approve the instrument known as the "Dräger Alcotest® 6820" as being an "approved screening device" for the purposes of the Criminal Code. The proposed ministerial Order would come into effect on the date that it is registered by the Privy Council Office.

Background

Before police may use a screening device for preliminary breath-testing that is designed to ascertain a probable prohibited blood alcohol concentration in a person, the Attorney General of Canada must approve the screening device. Approval of the "Dräger Alcotest® 6820" as an approved screening device would permit its use by law enforcement.

Objectives

Approval of the "Dräger Alcotest® 6820" would increase the number of approved screening devices, providing police departments with increased opportunities for the purchase and use of new equipment for law enforcement.

Description

The inclusion of the "Dräger Alcotest® 6820" in the Order would list it as an "approved screening device" for the purposes of the Criminal Code.

"One-for-One" Rule

The "One-for-One" Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs for small business.

Consultation

The "Dräger Alcotest® 6820" was examined by the Alcohol Test Committee (ATC) of the Canadian Society of Forensic Science, and approval of this screening device was recommended by the ATC, which is composed of forensic specialists in the breath-testing field and has national and international representation.

Rationale

The "Dräger Alcotest® 6820" meets the ATC's scientific standards for inclusion as an approved screening device. Without ministerial approval, the screening device could not be used by police forces in Canada for the purposes of the Criminal Code.

Implementation, enforcement and service standards

There are no compliance mechanisms required. Use of the "Dräger Alcotest® 6820" by police agencies would be voluntary.

Contact

Monique Macaranas
Paralegal
Criminal Law Policy Section
Telephone: 613-948-8902
Email: monique.macaranas@justice.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Attorney General of Canada, pursuant to paragraph 254.01(a) footnote a of the Criminal Code 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 Monique Macaranas, Paralegal, Criminal Law Policy Section, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8 (tel: 613-948-8902; email: monique.macaranas@justice.gc.ca).

Ottawa, November 1, 2018

Carole Morency
Director General and Senior General Counsel

Order Amending the Approved Screening Devices Order

Amendment

1 Section 2 of the Approved Screening Devices Order footnote 1 is amended by striking out the word "and" at the end of paragraph (h), by adding the word "and" at the end of paragraph (i) and by adding the following after paragraph (i):

Coming into Force

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