Vol. 141, No. 31 — August 4, 2007

Order Amending the Approved Breath Analysis Instruments Order

Statutory authority

Criminal Code

Sponsoring department

Department of Justice

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

Before the police may use a breath instrument that is designed to ascertain the concentration of alcohol in the blood of a person, the Attorney General of Canada must approve the instrument. This proposed amendment would approve the instrument known as the "DataMaster DMT-C" as being an "approved instrument" for the purposes of the Criminal Code. The proposed Order would come into effect on the date on which it is registered by the Registrar of Statutory Instruments.

Alternatives

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

Benefits and costs

Approval of the "DataMaster DMT-C" as an approved instrument would permit its use by police forces in order to ascertain the concentration of alcohol in the blood of a person believed to be an impaired driver. Approval of the instrument would increase the number of "approved instruments," thereby providing police departments with increased opportunities for the purchase and use of new equipment for law enforcement.

Consultation

The instrument was examined by the Alcohol Test Committee of the Canadian Society of Forensic Science and approval of the "DataMaster DMT-C" was recommended by this body. The Committee is composed of forensic specialists in the breath-testing field and has national representation.

Compliance and enforcement

There are no compliance mechanisms required. Use of the instrument by police authorities would be voluntary.

Contact

Hal Pruden
Counsel
Criminal Law Policy Section
Department of Justice
East Memorial Building
284 Wellington Street, Room 5029
Ottawa, Ontario
K1A 0H8
Telephone: 613-941-4138

PROPOSED REGULATORY TEXT

Notice is hereby given that the Attorney General of Canada, pursuant to the definition "approved instrument" (see footnote a) in subsection 254(1) of the Criminal Code, proposes to make the annexed Order Amending the Approved Breath Analysis Instruments Order.

Interested persons may make the 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, Acting Senior General Counsel, Criminal Law Policy Section, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8.

Ottawa, July 27, 2007

CATHERINE KANE
Acting Senior General Counsel

ORDER AMENDING THE APPROVED BREATH ANALYSIS INSTRUMENTS ORDER

AMENDMENT

1. Section 2 of the Approved Breath Analysis Instruments Order (see footnote 1) is amended by striking out the word "and" at the end of paragraph (o), by adding the word "and" at the end of paragraph (p) and by adding the following after paragraph (p):

(q) DataMaster DMT-C.

COMING INTO FORCE

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

[31-1-o]

Footnote a

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

Footnote 1

SI/85-201

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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