Canada Gazette, Part I, Volume 156, Number 41: Order Amending the Approved Screening Devices Order

October 8, 2022

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 Alcotest 7000 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 in an impaired driving investigation, the device must be approved by the Attorney General of Canada. Decisions to approve breath-testing equipment are based on the advice of the Alcohol Test Committee (ATC) of the Canadian Society of Forensic Science. The ATC is comprised of 10 members, all of whom are experienced forensic alcohol scientists. The ATC advises the Minister of Justice and Attorney General of Canada on scientific matters relating to alcohol breath testing and alcohol-impaired driving.

Approval of the Alcotest 7000 as an approved screening device would permit its use by law enforcement. Approved screening devices are deployed most commonly at the roadside to determine the presence of alcohol in a person’s body.

Objective

Approval of the Alcotest 7000 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. Once approved, the Alcotest 7000 could be used in impaired driving cases by law enforcement across Canada.

Description

The addition of the Alcotest 7000 to the Approved Screening Devices Order would result in it being an “approved screening device” for the purposes of the Criminal Code.

Further, minor amendments are being proposed to the long title of the regulation to be consistent with current drafting practices. No substantive changes result from this amendment.

Regulatory development

Consultation

The Alcotest 7000 was evaluated and recommended to the Attorney General of Canada by the ATC. The ATC is comprised of forensic specialists in the alcohol breath testing field. Following a thorough review and evaluation, it determined that the Alcotest 7000 complies with its Recommended Equipment Standards for approved screening devices.

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 paragraph 320.39(a) 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 Alcotest 7000 in the Approved Screening Devices Order would have cost implications for the federal and provincial law enforcement agencies that choose to purchase the device 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 evidence to suggest that the Alcotest 7000 performs differently on different populations.

Rationale

The Alcotest 7000 was evaluated and recommended to the Attorney General of Canada by the ATC. The ATC determined the Alcotest 7000 meets its Recommended Equipment Standards for approved screening devices. 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 enforcement of the impaired driving regime in the Criminal Code.

Implementation, compliance and enforcement, and service standards

There are no compliance mechanisms required. Whether or not to purchase and deploy the Alcotest 7000 would be a decision for each police agency.

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 proposes to make the annexed Order Amending the Approved Screening Devices Order under paragraph 320.39(a)footnote a of the Criminal Code footnote b.

Interested persons may make representations concerning the proposed Order within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent 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, September 28, 2022

Robert Brookfield

Director General and Senior General Counsel

Order Amending the Approved Screening Devices Order

Amendments

1 The long title of the Approved Screening Devices Order footnote 1 is replaced by the following:

Approved Screening Devices Order

2 Section 1 of the Order and the heading before it are repealed.

3 Section 2 of the Order is amended by striking out “and” at the end of paragraph (j), by adding “and” at the end of paragraph (k) and by adding the following after paragraph (k):

Coming into Force

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

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