Order Amending the Approved Screening Devices Order: SI/2020-63
Canada Gazette, Part II, Volume 154, Number 20
Registration
SI/2020-63 September 30, 2020
CRIMINAL CODE
The Attorney General of Canada, pursuant to paragraph 320.39(a) footnote a of the Criminal Code footnote b, makes the annexed Order Amending the Approved Screening Devices Order.
Ottawa, September 10, 2020
David Lametti
Attorney General of Canada
Order Amending the Approved Screening Devices Order
Amendment
1 (1) The portion of section 2 of the Approved Screening Devices Order footnote 1 before paragraph (a) is replaced by the following:
2 For the purpose of the definition approved screening device in section 320.11 of the Criminal Code, the following devices, each being a device of a kind that is designed to ascertain the presence of alcohol in the blood of a person, are approved:
(2) Section 2 of the Regulations is amended by striking out the word “and” at the end of paragraph (i), by adding the word “and” at the end of paragraph (j) and by adding the following after paragraph (j):
- (k) Intoxilyzer 800.
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.)
Issues
The Order Amending the Approved Screening Devices Order (the Order) approves the instrument known as the “Intoxilyzer 800” as being an “approved screening device” for the purposes of the Criminal Code. The ministerial Order will come into effect on the date that it is registered by the Privy Council Office.
Background
Before police may use a screening device for preliminary breath-testing that is designed to ascertain a probable prohibited blood alcohol concentration in a person, the Attorney General of Canada must approve the screening device. Approval of the “Intoxilyzer 800” as an approved screening device will permit its use by law enforcement.
Objective
Approval of the “Intoxilyzer 800” will increase the number of approved screening devices, providing police departments with increased opportunities for the purchase and use of new equipment for law enforcement.
Description
The inclusion of the “Intoxilyzer 800” in the Order will list it as an “approved screening device” for the purposes of the Criminal Code.
Regulatory development
Consultation
The Alcohol Test Committee (ATC) of the Canadian Society of Forensic Science, which is composed of forensic specialists in the breath-testing field and has national and international representation, examined the “Intoxilyzer 800” and recommended its approval.
Modern treaty obligations and Indigenous engagement and consultation
This Order has no impacts on modern treaty obligations.
Instrument choice
Screening devices must be approved by order of the Attorney General of Canada under the authority of the Criminal Code before they can be used by law enforcement for the purposes of the Criminal Code.
Regulatory analysis
Benefits and costs
The addition of the “Intoxilyzer 800” to the Approved Screening Devices Order will have cost implications for the federal and provincial law enforcement agencies that choose to purchase and train their officers on its use.
Small business lens
The small business lens does not apply to this Order, as there are no costs to small businesses.
One-for-one rule
The one-for-one rule does not apply to this Order, as there is no change in administrative costs to businesses.
Regulatory cooperation and alignment
The Order is not related to a work plan or commitment under a formal regulatory cooperation forum.
Strategic environmental assessment
This Order has no impacts on the environment.
Gender-based analysis plus (GBA+)
Approval of the “Intoxilyzer 800” as a new roadside alcohol screening device will not have a direct impact on any Canadian based on gender or any other characteristic. It is only if and when this device is purchased and deployed by police agencies that a differential impact could be observed, in which case data suggest that men are more likely to commit impaired driving offences. All Canadians will benefit from ensuring that police have reliable and approved tools with which to investigate impaired driving.
Rationale
The “Intoxilyzer 800” meets the ATC’s scientific standards for inclusion as an approved screening device. Without the Attorney General of Canada’s approval, the screening device could not be used by police forces in Canada for the purposes of the Criminal Code.
Implementation, compliance and enforcement, and service standards
There are no compliance mechanisms required. Use of the “Intoxilyzer 800” by police agencies will be voluntary.
Contact
Department of Justice
Criminal Law Policy Section
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Email: gazette_consultation_sd_ad@justice.gc.ca