ARCHIVED — Order Amending the Order Approving Blood Sample Containers
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Vol. 144, No. 7 — March 31, 2010
SOR/2010-64 March 16, 2010
The Attorney General of Canada, pursuant to paragraph (b) (see footnote a) of the definition “approved container” in subsection 254(1) of the Criminal Code (see footnote b), hereby makes the annexed Order Amending the Order Approving Blood Sample Containers.
Ottawa, March 10, 2010
ROBERT DOUGLAS NICHOLSON
Attorney General of Canada
ORDER AMENDING THE ORDER APPROVING BLOOD SAMPLE CONTAINERS
1. Section 1 of the Order A pproving Blood Sample Containers (see footnote 1) is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) BD Vacutainer® REF 367001.
COMING INTO FORCE
2. This Order comes into force on the day on which it is registered.
(This statement is not part of the Order.)
Before qualified medical practitioners, or qualified technicians under their direction, may use a container designed to receive a sample of blood of a person for analysis for Criminal Code purposes, the Attorney General of Canada must approve the container. Typically, the police departments provide the “approved container,” in respect of blood, to medical staff. The manufacturer of the “BD Vacutainer® REF 367001” previously had two product name changes for this approved container (“BD VacutainerTM 367001” and “Vacutainer® 367001”) that at times required testimony to explain, in cases that went to trial, that the product remained an “approved container.” Subsection 254(1) of the Criminal Code now lists the “BD VacutainerTM 367001” and the “Vacutainer® 367001.” The Order will list the most current name that the manufacturer is using on the label for the existing approved container. The Order will be effective as of the date it is registered by the Registrar of Statutory Instruments at the Privy Council Office.
No other regulatory alternatives were considered since the container meets the appropriate scientific standards.
Benefits and costs
Approval by the Attorney General for each name used by the manufacturer for the existing “approved container”, in respect of blood of a person for analysis, avoids the need to have a witness explain the name change in some of the cases that go to trial.
This container was considered by the Alcohol Test Committee of the Canadian Society of Forensic Science and approval by the Attorney General was recommended by this body. The Committee is composed of forensic specialists in the breath and blood-testing field and has national representation.
Compliance and enforcement
There are no compliance mechanisms required. Use of the container by police authorities would be voluntary.
Criminal Law Policy Section
Department of Justice
East Memorial Building
284 Wellington Street, Room 5052
R.S., c. 27 (1st Supp.), s. 36
R.S., c. C-46
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