EXTRA Vol. 152, No. 3

Canada Gazette

Part Ⅰ

OTTAWA, THURSDAY, JULY 19, 2018

Approved Drug Screening Equipment Order

Statutory authority

Criminal Code

Sponsoring department

Department of Justice

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (the Act) authorizes peace officers to use “approved drug screening equipment” when they suspect a driver has drugs in their body. The Act authorizes the Attorney General of Canada to approve this equipment by ministerial order. The inclusion of approved drug screening equipment in the Approved Drug Screening Equipment Order (the Order) is necessary so that peace officers may use approved drug screening equipment at the roadside to test drivers for the presence of one or more drugs.

The Attorney General of Canada is publishing a notice of her intention to approve the Dräger DrugTest® 5000 STK-CA (collection kit) to be used with the Dräger DrugTest® 5000 (reader) and list it by ministerial order as “approved drug screening equipment.”

Background

The Act creates three new criminal offences for driving with a blood drug concentration (BDC) that is equal to or higher than the permitted concentration within two hours of driving. Approval of the Dräger DrugTest® 5000 STK-CA and the Dräger DrugTest® 5000 as “approved drug screening equipment” would permit their use by law enforcement, at the roadside, to analyze samples of oral fluid collected from drivers who are suspected of having drugs in their body. A positive result would be a strong indication of recent use.

An oral fluid sample that tests positive would presumptively confirm the presence of the drug and combined with other observations made by the police officer would likely provide grounds for the investigation to proceed further, either by making a demand for a drug recognition evaluation or for a blood sample.

Objectives

The inclusion of the Dräger DrugTest® 5000 STK-CA and the Dräger DrugTest® 5000 as “approved drug screening equipment” in the Approved Drug Screening Equipment Order would facilitate the investigation of drug-impaired driving.

Description

The inclusion of the Dräger DrugTest® 5000 STK-CA and the Dräger DrugTest® 5000 in the Order would result in them being listed as “approved drug screening equipment” for the purposes of the Criminal Code. The Order would come into effect on the date that it is registered by the Registrar of Statutory Instruments of the Privy Council Office. The Dräger DrugTest® 5000 STK-CA and the Dräger DrugTest® 5000 would test for THC and cocaine.

“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 DrugTest® 5000 STK-CA and the Dräger DrugTest® 5000 were examined by the Drugs and Driving Committee (DDC) of the Canadian Society of Forensic Science (CSFS). Following its evaluation, the drug screener was recommended for approval to the Attorney General of Canada, for the detection of THC and cocaine.

The DDC of the CSFS is a volunteer committee, which is independent of the Government and is the scientific adviser on drugs and driving for the Department of Justice. It currently comprises experienced forensic toxicologists and an expert in traffic safety.

The DDC has advised the Department that approved drug screening equipment could be a valuable tool in the detection of driver drug use in Canada. The approach for approving drug screening equipment for criminal impaired driving investigations requires manufacturers to submit their drug screening equipment to the DDC for testing and evaluation. Drug screening equipment that passes the DDC’s evaluation standards may then be recommended by the DDC for approval by the Attorney General of Canada. In order to be approved for use in Canada, the drug screening equipment must detect one or all of tetrahydrocannabinol (THC), cocaine, and methamphetamine.

Rationale

Drug screening equipment must be approved by order of the Attorney General of Canada under the authority of the Criminal Code before it can be used by peace officers for the purposes of the Criminal Code. The use of approved drug screening equipment would facilitate the investigation of drug-impaired driving, including the new offences created by the Act.

The inclusion of approved drug screening equipment in the Approved Drug Screening Equipment Order would have cost implications for the federal and provincial law enforcement agencies that choose to purchase and train their officers on its use.

Implementation, enforcement and service standards

There are no compliance mechanisms required. Use of approved drug screening equipment by law enforcement 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(b) footnote a of the Criminal Code footnote b, proposes to make the annexed Approved Drug Screening Equipment 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 (email: monique.macaranas@justice.gc.ca).

Ottawa, July 17, 2018

Carole Morency
Director General and Senior General Counsel
Criminal Law Policy Section Department of Justice

Approved Drug Screening Equipment Order

Drug Screening Equipment

Approved equipment

1 A Dräger DrugTest® 5000 and a Dräger DrugTest® 5000 STK-CA, when used together, are approved for the purposes of section 254 of the Criminal Code as equipment that is designed to ascertain the presence of a drug in a person’s body.

Coming into Force

Registration

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