Part IOrderPublished: February 8, 2020

Intoxilyzer 800 Approved for Breath Screening

Canada Gazette, Part I, Volume 154, Number 6: Order Amending the Approved Screening Devices Order

This proposed order, published 2020-02-08, would add the Intoxilyzer 800 to the Approved Screening Devices Order under the Criminal Code, allowing police to use it for preliminary roadside breath screening. Interested parties had 30 days from publication to submit comments; the approval would take effect on the day the order is registered by the Privy Council Office.

Published
February 8, 2020
Department
Unavailable
Section
REGULATORY IMPACT ANALYSIS STATEMENT
Comment deadline
March 9, 2020
Effective date
Unavailable
Publication part
Part I

Summary

Summary#

This is a proposed order, published on February 8, 2020, that would add the Intoxilyzer 800 to the list of devices police may use for roadside breath screening under the Criminal Code. It is a proposal (not yet law) and interested parties had 30 days to comment.

What it does#

  • Adds the Intoxilyzer 800 to the Approved Screening Devices Order, meaning the device would be approved for preliminary breath screening under the Criminal Code.
  • Notes that the device was reviewed and recommended by the Alcohol Test Committee (ATC) of the Canadian Society of Forensic Science.
  • Says the approval would take effect on the day the order is registered by the Privy Council Office.
  • Confirms police use of the device would be voluntary for agencies; approval only allows use, it does not force purchase or deployment.

Who's affected#

  • Police and other law enforcement agencies (federal, provincial, and municipal) that choose whether to buy and use the device.
  • People stopped for suspected impaired driving (drivers) could encounter the Intoxilyzer 800 during roadside screening if their local force adopts it.
  • The Department of Justice and forensic testers were involved in the review; small businesses are not affected according to the notice.

Why it matters#

  • Approving another device gives police more technology choices for roadside breath screening.
  • Agencies that buy it may face costs for purchasing units and training officers.
  • For the public, it could change which machine is used at a roadside check, but the approval itself does not change legal testing rules or require police to switch devices.

Key topics

Criminal CodeApproved Screening Devices OrderIntoxilyzer 800Alcohol Test CommitteeATCCanadian Society of Forensic Sciencepreliminary breath testingbreathalyzer devicesDepartment of JusticeAttorney General of CanadaPrivy Council Officepoliceroadside testingimpaired driving

Source: Canada Gazette

Official source