Canada Gazette, Part I, Volume 146, Number 22: Order Amending the Approved Breath Analysis Instruments Order

June 2, 2012

Statutory authority

Criminal Code

Sponsoring department

Department of Justice

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

1. Background

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 (subsection 254(1) of the Criminal Code). Approved instruments are listed in the Approved Breath Analysis Instruments Order.

2. Issue

The Approved Breath Analysis Instruments Order currently lists some older instruments. Older equipment requires reading a needle and recording the BAC by hand. The modern approved instruments provide digital readings, internal checks, and a print-out.

3. Objectives

This proposed amendment encourages the use of modern instruments which provide more reliability and eliminate errors in reading and recording the BAC.

4. Description

This proposed amendment would remove from the Approved Breath Analysis Instruments Order the instruments known as the Breathalyzer®, Model 800; Breathalyzer®, Model 900; Breathalyzer®, Model 900A; and Breathalyzer®, Model 900B.

5. Consultation

Removing the Breathalyzer®, Model 800; Breathalyzer®, Model 900; Breathalyzer®, Model 900A; and Breathalyzer®, Model 900B was recommended by the Alcohol Test Committee of the Canadian Society of Forensic Science. The Committee is composed of forensic scientists in the breath-testing field.

6. Rationale

Removing the Breathalyzer®, Model 800; Breathalyzer®, Model 900; Breathalyzer®, Model 900A; and Breathalyzer®, Model 900B, which are dependent on a qualified technician reading a needle and recording the result by hand, would recognize the need to use modern equipment that gives digital readings, is able to provide print-outs and contains internal checks.

The Royal Canadian Mounted Police, the Ontario Provincial Police, the Sûreté du Québec, and all major municipal police agencies use modern instruments with digital readings. This amendment is unlikely to have any significant cost for law enforcement agencies.

7. Implementation, enforcement and service standards

If the Breathalyzer®, Model 800; Breathalyzer®, Model 900; Breathalyzer®, Model 900A; and Breathalyzer®, Model 900B are removed from the Approved Breath Analysis Instruments Order, they will not be usable by the police for enforcement purposes under the Criminal Code.

The proposed amendment would come into force on the day on which it is registered.

8. Contact

Monique Macaranas
Paralegal
Criminal Law Policy Section
Department of Justice
East Memorial Building, Room 5052
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: 613-957-4752

PROPOSED REGULATORY TEXT

Notice is given that 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), proposes to make the annexed Order Amending the Approved Breath Analysis Instruments 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 Catherine Kane, Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8 (tel.: 613-957-4690; fax: 613-957-6374; email: catherine.kane@justice.gc.ca).

Ottawa, May 18, 2012

DONALD K. PIRAGOFF
Senior Assistant Deputy Minister

ORDER AMENDING THE APPROVED BREATH ANALYSIS INSTRUMENTS ORDER

AMENDMENTS

1. (1) Paragraphs 2(a) to (c) of the Approved Breath Analysis Instruments Order (see footnote 1) are repealed.

(2) Paragraph 2(i) of the Order is repealed.

COMING INTO FORCE

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

[22-1-o]