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

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Registration

SOR/2012-61 March 28, 2012

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) of the Criminal Code (see footnote b), hereby makes the annexed Order Amending the Approved Screening Devices Order.

Ottawa, March 23, 2012

ROB NICHOLSON
Attorney General of Canada

ORDER AMENDING THE APPROVED SCREENING DEVICES ORDER

AMENDMENT

1. Paragraph 2(h) of the Approved Screening Devices Order (see footnote 1) is replaced by the following:

  1. (h) Alco-Sensor FST; and

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

Screening devices enable police officers to screen suspected impaired drivers for the presence of alcohol in their blood. To carry out this test, qualified technicians must use a screening device approved by the Attorney General of Canada (subsection 254(1) of the Criminal Code). Approved screening devices are listed in the Approved Screening Devices Order.

2. Issue

The “Alco-Sensor FST” is currently listed under subsection 254(1) of the Criminal Code as the “Alco Sensor FST” and is missing a hyphen. The “Alco-Sensor FST” is the name that the manufacturer uses on the label of the existing approved breath screening device.

3. Objectives

Replacement of the “Alco Sensor FST” with the “Alco-Sensor FST” as an approved screening device corrects an administrative error and lists the “Alco-Sensor FST” under subsection 254(1) of the Criminal Code.

4. Description

The Order replaces the “Alco Sensor FST” with the “Alco-Sensor FST,” which is the name that appears on the label that the manufacturer uses for the screening device.

5. Consultation

The device was examined by the Alcohol Test Committee of the Canadian Society of Forensic Science and replacement of the “Alco Sensor FST” with the “Alco-Sensor FST” 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 publication in the Canada Gazette, Part Ⅰ, on January 28, 2012.

6. Rationale

Removal of the “Alco Sensor FST” and approval of the “Alco-Sensor FST” as an approved screening device corrects an administrative error and lists the “Alco-Sensor FST” under the name that the manufacturer uses on the label of the existing approved breath screening device. This facilitates prosecutions where a police agency chooses to use this screening device.

7. Implementation, enforcement and service standards

There are no compliance mechanisms required. Use of the devices by police authorities is voluntary.

The effective date of the ministerial order is the date of registration 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
SI/85-200