Canada Gazette, Part I, Volume 153, Number 16: Order Amending the Approved Drug Screening Equipment Order

April 20, 2019

Statutory authority
Criminal Code

Sponsoring department
Department of Justice

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

The proposed amendment to the Approved Drug Screening Equipment Order would list the equipment known as the SoToxa™, the Abbott SoToxa™ Test Cartridge and the Abbott SoToxa™ Oral Fluid Collection Device, when used together, as being “approved drug screening equipment” for the purposes of the Criminal Code. The proposed ministerial Order would come into effect on the date that it is registered by the Privy Council Office.

Background

Before the police may use drug screening equipment, at the roadside, to analyze samples of oral fluid collected from drivers who are suspected of having one or more drugs in their body, the Attorney General of Canada must approve the drug screening equipment. Approval of the SoToxa™, the Abbott SoToxa™ Test Cartridge and the Abbott SoToxa™ Oral Fluid Collection Device, when used together, as “approved drug screening equipment,” would permit its use by law enforcement. A positive result would be a strong indication of recent use.

An oral fluid sample that tests positive would presumptively confirm the presence of the drug and, combined with other observations made by the police officer, would likely provide grounds for the investigation to proceed further, either by making a demand for a drug recognition evaluation or for a blood sample.

Objectives

Approval of the SoToxa™, the Abbott SoToxa™ Test Cartridge and the Abbott SoToxa™ Oral Fluid Collection Device, when used together, would provide police departments with a second option of equipment that could be purchased and used in criminal drug-impaired driving investigations.

Description

The inclusion of the SoToxa™, the Abbott SoToxa™ Test Cartridge and the Abbott SoToxa™ Oral Fluid Collection Device, when used together, in the Order would list this equipment as “approved drug screening equipment” for the purposes of the Criminal Code. The SoToxa™, the Abbott SoToxa™ Test Cartridge and the Abbott SoToxa™ Oral Fluid Collection Device, when used together, would test for tetrahydrocannabinol (THC).

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

Consultation

The SoToxa™, the Abbott SoToxa™ Test Cartridge and the Abbott SoToxa™ Oral Fluid Collection Device were evaluated by the Drugs and Driving Committee (DDC) of the Canadian Society of Forensic Science (CSFS). In order to be approved for use in Canada, drug screening equipment must detect one or more of THC, cocaine and methamphetamine. The DDC recommended approval of this drug screener to the Attorney General of Canada for the detection of THC.

The DDC of the CSFS is a volunteer committee independent of the Government that provides scientific advice on drugs and driving to the Department of Justice. It is composed of experienced forensic toxicologists and an expert in traffic safety.

Rationale

Drug screening equipment must be approved by order of the Attorney General of Canada under the authority of the Criminal Code before it can be used by law enforcement for the purposes of the Criminal Code.

The addition of the SoToxa™, the Abbott SoToxa™ Test Cartridge and the Abbott SoToxa™ Oral Fluid Collection Device, when used together, in the Approved Drug Screening Equipment Order would have cost implications for the federal and provincial law enforcement agencies that choose to purchase and train their officers on their use.

Implementation, enforcement and service standards

There are no compliance mechanisms required. Use of the approved drug screener by police agencies would be voluntary.

Contact

Department of Justice
Criminal Law Policy Section
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Email: drugscreener-dépisteurdedrogues@justice.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Attorney General of Canada, pursuant to paragraph 320.39(b) footnote a of the Criminal Code footnote b, proposes to make the annexed Order Amending the Approved Drug Screening Equipment Order.

Interested persons may make representations concerning the proposed Order within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Criminal Law Policy Section, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8 (email: drugscreener-dépisteurdedrogues@justice.gc.ca).

Ottawa, April 10, 2019

Carole Morency
Director General and Senior General Counsel
Criminal Law Policy Section
Department of Justice

Order Amending the Approved Drug Screening Equipment Order

Amendment

1 Section 1 of the Approved Drug Screening Equipment Order footnote 1 is replaced by the following:

Approved equipment

1 For the purpose of the definition approved drug screening equipment in section 320.11 of the Criminal Code, the following equipment that is designed to ascertain the presence of a drug in a person’s body is approved:

Coming into Force

2 This Order comes into force on the day on which it is registered.