Vol. 146, No. 1 — January 4, 2012
Registration
SOR/2011-313 December 15, 2011
CRIMINAL CODE
Order Amending the Approved Screening Devices Order
The Attorney General of Canada, pursuant to the definition “approved screening device” (see footnote a) in subsection 254(1) (see footnote b) of the Criminal Code (see footnote c), hereby makes the annexed Order Amending the Approved Screening Devices Order.
Ottawa, December 12, 2011
ROBERT DOUGLAS NICHOLSON
Attorney General of Canada
ORDER AMENDING THE APPROVED SCREENING DEVICES ORDER
AMENDMENT
1. Section 2 of the Approved Screening Devices Order (see footnote 1) is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):
- (i) Dräger Alcotest 6810.
COMING INTO FORCE
2. This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Description
Before the police may use a breath screening device that is designed to ascertain the presence of alcohol in the blood of a person, the device must be approved by the Attorney General of Canada. This amendment approves the device known as the “Dräger Alcotest 6810” as being an “approved screening device” for the purposes of the Criminal Code. The Order comes into effect on the date that it is registered by the Registrar of Statutory Instruments.
Alternatives
No other regulatory alternatives were considered since the screening device meets the appropriate scientific standards, and without ministerial approval, the device could not be used by police forces in Canada for the purposes of the Criminal Code.
Benefits and costs
Approval of the “Dräger Alcotest 6810” as an approved screening device permits its use by police forces in order to screen suspected impaired drivers for the presence of alcohol in their blood. Approval of the device will increase the number of approved screening devices, thereby providing police departments with increased opportunities for the purchase and use of new equipment for use in the enforcement of the law.
Consultation
The device was examined by the Alcohol Test Committee of the Canadian Society of Forensic Science and approval of the “Dräger Alcotest 6810” was recommended by this body. The Committee is composed of forensic specialists in the breath-testing field and has national representation.
No comments were received after the Canada Gazette, Part Ⅰ, October 22, 2011, prepublication notice.
Compliance and enforcement
There are no compliance mechanisms required. Use of the devices by police authorities is voluntary.
Contact
Monique Macaranas
Paralegal
Criminal Law Policy Section
Department of Justice
East Memorial Building
284 Wellington Street, Room 5052
Ottawa, Ontario
K1A 0H8
Telephone: 613-957-4752
Footnote a
R.S., c. 27 (1st Supp.), s. 36
Footnote b
S.C. 2008, c. 6, s. 19(1)
Footnote c
R.S., c. C-46
Footnote 1
SI/85-200