Canada Gazette, Part I, Volume 152, Number 45: Order Amending the Approved Breath Analysis Instruments 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 Breath Analysis Instruments Order (the Order) would approve the instrument known as the "Intoxilyzer® 9000" as being an "approved instrument" for the purposes of the Criminal Code. The proposed Order would come into effect on the date that it is registered by the Privy Council Office.

Background

Before the police may use an approved instrument that is designed to ascertain the blood alcohol concentration of a person, the Attorney General of Canada must approve the instrument. Approval of the "Intoxilyzer® 9000" as an approved instrument would permit its use by law enforcement to analyze a sample of breath from a suspected impaired driver.

Objectives

Approval of the "Intoxilyzer® 9000" would increase the number of approved instruments, providing police departments with increased opportunities for the purchase and use of new equipment for law enforcement.

Description

The inclusion of the "Intoxilyzer® 9000" in the Order would list it as an "approved instrument" 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 "Intoxilyzer® 9000" was examined by the Alcohol Test Committee (ATC) of the Canadian Society of Forensic Science, and approval of this instrument was recommended by the ATC, which is composed of forensic specialists in the breath-testing field and has national and international representation. The "Intoxilyzer® 9000" meets the ATC's scientific standards for inclusion as an approved instrument.

Rationale

An instrument must be approved by order of the Attorney General of Canada under the authority of the Criminal Code before it can 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 "Intoxilyzer® 9000" 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(c) footnote a of the Criminal Code footnote b, proposes to make the annexed Order Amending the Approved Breath Analysis Instruments 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 Breath Analysis Instruments Order

Amendment

1 Section 2 of the Approved Breath Analysis Instruments Order footnote 1 is amended by striking out the word "and" at the end of paragraph (q), by adding the word "and" at the end of paragraph (r) and by adding the following after paragraph (r):

Coming into Force

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