Order Amending the Approved Breath Analysis Instruments Order: SOR/2019-26
Canada Gazette, Part II, Volume 153, Number 3
SOR/2019-26 January 28, 2019
Ottawa, January 24, 2019
Attorney General of Canada
Order Amending the Approved Breath Analysis Instruments Order
1 Section 2 of the Approved Breath Analysis Instruments Order footnote 1 is amended by striking out the word “and” at the end of paragraph (q), by adding the word “and” at the end of paragraph (r) and by adding the following after paragraph (r):
- (s) Intoxilyzer® 9000.
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.)
The amendment to the Approved Breath Analysis Instruments Order (the Order) approves the instrument known as the “Intoxilyzer® 9000” as being an “approved instrument” for the purposes of the Criminal Code. The Order came into effect on the date that it was registered under the Statutory Instruments Act by the Privy Council Office.
Before the police may use an approved instrument that is designed to ascertain the blood alcohol concentration of a person, the Attorney General of Canada must approve the instrument. Approval of the “Intoxilyzer® 9000” as an approved instrument permits its use by law enforcement to analyze a sample of breath from a suspected impaired driver.
Approval of the “Intoxilyzer® 9000” increases the number of approved instruments, providing police departments with increased opportunities for the purchase and use of new equipment by law enforcement.
The inclusion of the “Intoxilyzer® 9000” in the Order lists it as an “approved instrument” for the purposes of the Criminal Code.
The “One-for-One” Rule does not apply to this Order, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this Order, as there are no costs for small business.
The “Intoxilyzer® 9000” was examined by the Alcohol Test Committee (ATC) of the Canadian Society of Forensic Science, and approval of this instrument was recommended by the ATC, which is composed of forensic specialists in the breath-testing field and has national and international representation. The “Intoxilyzer® 9000” meets the ATC’s scientific standards for inclusion as an approved instrument.
A notice of the Attorney General of Canada’s intention to approve the “Intoxilyzer® 9000” as an “approved instrument” was published in Part I of the Canada Gazette on November 10, 2018. This was followed by a 30-day public comment period which expired on December 10, 2018. No comments were received during the public comment period.
The “Intoxilyzer® 9000” meets the ATC’s scientific standards for inclusion as an approved instrument. An instrument must receive approval by order of the Attorney General of Canada under the authority of the Criminal Code before it can be used by police forces in Canada for the purposes of the Criminal Code.
Implementation, enforcement and service standards
There are no compliance mechanisms required. Use of the “Intoxilyzer® 9000” by police agencies is voluntary.
Criminal Law Policy Section