Vol. 143, No. 17 — August 19, 2009

Registration

SOR/2009-239 August 6, 2009

CRIMINAL CODE

Order Amending the Approved Screening Devices Order

The Attorney General of Canada, pursuant to the definition “approved screening device” (see footnote a) in subsection 254(1) (see footnote b) of the Criminal Code (see footnote c), hereby makes the annexed Order Amending the Approved Screening Devices Order.

Ottawa, August 5, 2009

ROBERT DOUGLAS NICHOLSON
Attorney General of Canada

ORDER AMENDING THE APPROVED SCREENING DEVICES ORDER

AMENDMENT

1. Section 2 of the Approved Screening Devices Order (see footnote 1) is amended by striking out the word “and” at the end of paragraph (f), by adding the word “and” at the end of paragraph (g) and by adding the following after paragraph (g):

(h) Alco Sensor FST.

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.)

Description

Before the police may use a breath screening device that is designed to ascertain the presence of alcohol in the blood of a person, the device must be approved by the Attorney General of Canada. This amendment approves the device known as the “Alco Sensor FST” as being an “approved screening device” for the purposes of the Criminal Code. The Order comes into effect on the date that it is registered by the Registrar of Statutory Instruments.

Alternatives

No other regulatory alternatives were considered since the screening device meets the appropriate scientific standards, and without ministerial approval, the device could not be used by police forces in Canada for the purposes of the Criminal Code.

Benefits and costs

Approval of the “Alco Sensor FST” as an approved screening device permits its use by police forces in order to screen suspected impaired drivers for the presence of alcohol in their blood. Approval of the device will increase the number of “approved screening devices,” thereby providing police departments with increased opportunities for the purchase and use of new equipment for use in the enforcement of the law.

Consultation

The device was examined by the Alcohol Test Committee of the Canadian Society of Forensic Science and approval of the “Alco Sensor FST” was recommended by this body. The Committee is composed of forensic specialists in the breath-testing field and has national representation.

No comments were received after the Canada Gazette, Part I, June 20, 2009 prepublication notice.

Compliance and enforcement

There are no compliance mechanisms required. Use of the devices by police authorities is voluntary.

Contact

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

Footnote a
R.S., c. 27 (1st Supp.), s. 36

Footnote b
S.C. 2008, c. 6, s. 19(1)

Footnote c
R.S., c. C-46

Footnote 1
SI/85-200

NOTICE:
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