Vol. 143, No. 14 — July 8, 2009

Registration

SOR/2009-205 June 25, 2009

CRIMINAL CODE

Order Amending the Approved Breath Analysis Instruments Order

The Attorney General of Canada, pursuant to the definition “approved instrument” (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 Breath Analysis Instruments Order.

Ottawa, June 18, 2009

ROBERT DOUGLAS NICHOLSON
Attorney General of Canada

ORDER AMENDING THE APPROVED BREATH ANALYSIS INSTRUMENTS ORDER

AMENDMENT

1. Section 2 of the Approved Breath Analysis Instruments Order (see footnote 1) is amended by striking out “and” at the end of paragraph (p), by adding “and” at the end of paragraph (q) and by adding the following after paragraph (q):

(r) Intox EC/IR II

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 instrument that is designed to ascertain the concentration of alcohol in the blood of a person, the Attorney General of Canada must approve the instrument. This amendment approves the instrument known as the “Intox EC/IR II” as being an “approved instrument” 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 instrument meets the appropriate scientific standards, and without ministerial approval, the instrument could not be used by police forces in Canada for the purposes of the Criminal Code.

Benefits and costs

Approval of the “Intox EC/IR II” as an approved instrument permits its use by police forces in order to ascertain the concentration of alcohol in the blood of a person believed to be an impaired driver. Approval of the instrument will increase the number of “approved instruments,” thereby providing police departments with increased opportunities for the purchase and use of new equipment for law enforcement.

Consultation

The instrument was examined by the Alcohol Test Committee of the Canadian Society of Forensic Science and approval of the “Intox EC/IR II” 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, May 9, 2009, prepublication notice.

Compliance and enforcement

There are no compliance mechanisms required. Use of the instruments 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/85-201

NOTICE:
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