ARCHIVED — Vol. 146, No. 8 — April 11, 2012

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Registration

SOR/2012-60 March 28, 2012

CRIMINAL CODE

Order Amending the Order Approving Blood Sample Containers

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 26, 2012

ROB NICHOLSON
Attorney General of Canada

ORDER AMENDING THE ORDER APPROVING BLOOD SAMPLE CONTAINERS

AMENDMENT

1. Section 1 of the Order Approving Blood Sample Containers (see footnote 1) is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

  1. (f) TRITECHFORENSICS TUG10.

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.)

1. Background

Before qualified medical practitioners, or qualified technicians under their direction, may use a container designed to receive a sample of blood of a suspected impaired driver for analysis for Criminal Code purposes, the Attorney General of Canada must approve it as required by subsection 254(1) of the Criminal Code.

Typically, the police departments provide the “approved container,” in respect of blood, to medical staff. Presently, the Order Approving Blood Sample Containers (the Order) lists the “Tri-Tech Inc. TUG10” as an “approved blood sample container.”

2. Issue

The manufacturer of this container has changed its company name and, as a result, the label on the “Tri-Tech Inc. TUG10” blood sample container has been changed to “TRITECHFORENSICS TUG10.” Therefore, the name listed in the Order no longer reflects the name on the container, which creates uncertainty in the court proceedings and among users.

Updating the Order avoids the need to have a witness explain the name change in some of the cases that go to trial.

3. Objectives

This amendment ensures the reliability of the list of containers named in the Order.

4. Description

The Order lists, in addition to the former name, the most current name that the manufacturer is using on the label for the existing approved container.

Adding “TRITECHFORENSICS TUG10” to the list of approved containers also avoids the need to explain, in some of the cases that will go to trial, that the product, as labelled, remains an “approved container.”

5. Consultation

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.

No comments were received after the Canada Gazette, Part Ⅰ, December 10, 2011, prepublication of the proposed Order.

6. Rationale

Having both names of the containers produced by Tri-Tech Forensic Inc. appearing on the Order ensures that police departments who are using the container with the former name of the company could continue to use them as well as the containers bearing the new name of the company.

7. Implementation, enforcement and service standards

The Order comes into effect on the date that it is registered by the Registrar of Statutory Instruments at the Privy Council Office.

8. 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
R.S., c. C-46

Footnote 1
SOR/2005-37