Canada Gazette, Part I, Volume 154, Number 6: Order Amending the Approved Screening Devices Order

February 8, 2020

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 “Intoxilyzer 800” 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 “Intoxilyzer 800” as an approved screening device would permit its use by law enforcement.

Objective

Approval of the “Intoxilyzer 800” 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 “Intoxilyzer 800” in the Order would list it as an “approved screening device” for the purposes of the Criminal Code.

Regulatory development

Consultation

The “Intoxilyzer 800” 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.

Modern treaty obligations and Indigenous engagement and consultation

This proposal has no impacts on modern treaty obligations.

Instrument choice

Screening devices must be approved by order of the Attorney General of Canada under the authority of the Criminal Code before they can be used by law enforcement for the purposes of the Criminal Code.

Regulatory analysis

Benefits and costs

The addition of the “Intoxilyzer 800” to the Approved Screening Devices Order would have cost implications for the federal and provincial law enforcement agencies that choose to purchase and train their officers on its use.

Small business lens

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

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.

Regulatory cooperation and alignment

The proposal is not related to a work plan or commitment under a formal regulatory cooperation forum.

Strategic environmental assessment

This proposal has no impacts on the environment.

Gender-based analysis plus (GBA+)

There is no data to suggest that police would deploy investigative measures differentially between men and women.

Rationale

The “Intoxilyzer 800” meets the ATC’s scientific standards for inclusion as an approved screening device. Without the Attorney General of Canada’s approval, the screening device could not be used by police forces in Canada for the purposes of the Criminal Code.

Implementation, compliance and enforcement, and service standards

There are no compliance mechanisms required. Use of the “Intoxilyzer 800” by police agencies would be voluntary.

Contact

Department of Justice
Criminal Law Policy Section
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Email: gazette_consultation_sd_ad@justice.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Attorney General of Canada, pursuant to paragraph 320.39(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 the Criminal Law Policy Section, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8 (email: gazette_consultation_sd_ad@justice.gc.ca).

Ottawa, January 27, 2020

Carole Morency
Director General and Senior General Counsel

Order Amending the Approved Screening Devices Order

Amendment

1 (1) The portion of section 2 of the Approved Screening Devices Order footnote 1 before paragraph (a) is replaced by the following:

2 The following devices, each being a device of a kind that is designed to ascertain the presence of alcohol in the blood of a person, are approved for the purposes of paragraph 320.39(a) of the Criminal Code:

(2) Section 2 of the Regulations is amended by striking out the word “and” at the end of paragraph (i), by adding the word “and” at the end of paragraph (j) and by adding the following after paragraph (j):

Coming into Force

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