Order Amending the Approved Screening Devices Order: SI/2023-1
Canada Gazette, Part II, Volume 157, Number 1
Registration
SI/2023-1 January 4, 2023
CRIMINAL CODE
The Attorney General of Canada makes the annexed Order Amending the Approved Screening Devices Order under paragraph 320.39(a)footnote a of the Criminal Code footnote b.
Ottawa, December 12, 2022
David Lametti
Attorney General of Canada
Order Amending the Approved Screening Devices Order
Amendments
1 The long title of the Approved Screening Devices Order footnote 1 is replaced by the following:
Approved Screening Devices Order
2 Section 1 of the Order and the heading before it are repealed.
3 Section 2 of the Order is amended by striking out “and” at the end of paragraph (j), by adding “and” at the end of paragraph (k) and by adding the following after paragraph (k):
- (l) Alcotest 7000.
Coming into Force
4 This Order comes into force on the day on which it is registered.
EXPLANATORY NOTE
(This note is not part of the Order.)
Issues
The amendment to the Approved Screening Devices Order approved the instrument known as the Alcotest 7000 as being an “approved screening device” for the purposes of the Criminal Code. The Ministerial Order came into effect on the date that it was registered by the Privy Council Office.
Background
Before police may use a screening device in an impaired driving investigation, the device must be approved by the Attorney General of Canada. Decisions to approve breath-testing equipment are based on the advice of the Alcohol Test Committee (ATC) of the Canadian Society of Forensic Science. The ATC is comprised of ten members, all of whom are experienced forensic alcohol scientists. The ATC advises the Minister of Justice and Attorney General of Canada on scientific matters relating to alcohol breath testing and alcohol-impaired driving.
Approval of the Alcotest 7000 as an approved screening device permits its use by law enforcement. Approved screening devices are deployed most commonly at the roadside to determine the presence of alcohol in a person’s body.
Objective
Approval of the Alcotest 7000 increases the number of approved screening devices, providing police departments with increased opportunities for the purchase and use of new equipment for law enforcement. The Alcotest 7000 can be used in impaired driving cases by law enforcement across Canada.
Description
The addition of the Alcotest 7000 to the Approved Screening Devices Order results in it being an “approved screening device” for the purposes of the Criminal Code.
Further, minor amendments have been made to the long title of the regulation to be consistent with current drafting practices. No substantive changes result from this amendment.
Regulatory development
Consultation
The Alcotest 7000 was evaluated and recommended to the Attorney General of Canada by the ATC. The ATC is comprised of forensic specialists in the alcohol breath testing field. Following a thorough review and evaluation, it determined that the Alcotest 7000 complies with its Recommended Equipment Standards for approved screening devices.
A Notice of the Attorney General of Canada’s intention to approve the Alcotest 7000 as an “approved screening device” was published in Part I of the Canada Gazette on October 8, 2022. This was followed by a 30-day public comment period which expired on November 7, 2022. No comments were received during the public comment period.
Modern treaty obligations and Indigenous engagement and consultations
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 paragraph 320.39(a) 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 Alcotest 7000 in 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
This 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+)
There is no evidence to suggest that the Alcotest 7000 performs differently on different populations.
Rationale
The Alcotest 7000 was evaluated and recommended to the Attorney General of Canada by the ATC. The ATC determined the Alcotest 7000 meets its Recommended Equipment Standards for approved screening devices. 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 enforcement of the impaired driving regime in the Criminal Code.
Implementation, compliance and enforcement, service standards
There are no compliance mechanisms required. Whether or not to purchase and deploy the Alcotest 7000 is a decision for each police agency.
Contact
Department of Justice
Criminal Law Policy Section
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Email: gazette_consultation_sd_ad@justice.gc.ca