Vol. 147, No. 13 — June 19, 2013
SOR/2013-107 May 27, 2013
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), makes the annexed Order Amending the Approved Breath Analysis Instruments Order.
Ottawa, May 21, 2013
ROBERT DOUGLAS NICHOLSON
Attorney General of Canada
ORDER AMENDING THE APPROVED BREATH ANALYSIS INSTRUMENTS ORDER
1. (1) Paragraphs 2(d) to (g) of the Approved Breath Analysis Instruments Order (see footnote 1) are repealed.
(2) Paragraph 2(j) of the Order is repealed.
(3) Paragraph 2(m) of the Order is repealed.
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.)
Breath analysis instruments enable qualified technicians to ascertain the concentration of alcohol in the blood (BAC) of suspected impaired drivers. To carry out this test, qualified technicians must use an instrument approved by the Attorney General of Canada under subsection 254(1) of the Criminal Code. Approved instruments are listed in the Approved Breath Analysis Instruments Order.
The Approved Breath Analysis Instruments Order includes some older instruments that are no longer being manufactured and are not currently in use by any police forces in Canada.
- The removal of the six instruments updates the listing of instruments that may be used in the detection of alcohol in the blood to ensure the use of modern instruments that are actually available.
This amendment removes from the Approved Breath Analysis Instrument Order the six older instruments known as the Intoximeter Mark IV, Alcolmeter AE-D1, Intoxilyzer 4011AS, Alcotest® 7110, Intoxilyzer 1400, and Breathalyzer® 7410-CDN with printer.
Removal of the Intoximeter Mark IV, Alcolmeter AE-D1, Intoxilyzer 4011AS, Alcotest® 7110, Intoxilyzer 1400, and Breathalyzer® 7410-CDN with printer was recommended by the Alcohol Test Committee of the Canadian Society of Forensic Science in a letter dated October 17, 2012, as these instruments are not in use by any police force in Canada. The Committee also confirmed, through contact with the relevant manufacturers of each of the approved instruments, that these instruments are no longer manufactured. The Committee is composed of forensic scientists in the breath-testing field and has national and sometimes international representation.
The removal of the Intoximeter Mark IV, Alcolmeter AE-D1, Intoxilyzer 4011AS, Alcotest® 7110, Intoxilyzer 1400, and Breathalyzer® 7410-CDN with printer will de-list these instruments from the Approved Breath Analysis Instruments Order and will officially confirm that they cannot be used by the police for enforcement purposes under the Criminal Code. This will match the reality that they are no longer being manufactured and are not used by any police force in Canada. This amendment will not have any cost consequences.
7. Implementation, enforcement and service standards
The effective date of the ministerial Order is the date of registration at the Privy Council Office. The Department of Justice, Criminal Law Policy Section, will inform the Alcohol Test Committee of the Canadian Society of Forensic Science upon the coming into force of this amendment and will request that the Alcohol Test Committee inform all Canadian police forces.
Criminal Law Policy Section
Department of Justice
East Memorial Building
284 Wellington Street, Room 5012