Vol. 139, No. 4 — February 23, Registration
SOR/2005-37 February 11, 2005

Registration
SOR/2005-37 February 11, 2005

CRIMINAL CODE

Order Approving Blood Sample Containers

The Attorney General of Canada, pursuant to paragraph (b) (see footnote a) of the definition "approved container" in subsection 254(1) of the Criminal Code, hereby makes the annexed Order Approving Blood Sample Containers.

Ottawa, February 11, 2005

Irwin Cotler
Attorney General of Canada

ORDER APPROVING BLOOD SAMPLE CONTAINERS

APPROVED CONTAINERS

1. The following containers, being containers of a kind that is designed to receive a sample of blood of a person for analysis, are hereby approved as suitable, in respect of blood samples, for the purposes of section 258 of the Criminal Code:

(a) Vacutainer(r) XF947;

(b) BD Vacutainer^TM 367001;

(c) Vacutainer(r) 367001; and

(d) Tri-Tech Inc. TUG10.

REPEAL

2. The Approved Blood Sample Container Order (see footnote 1) is repealed.

COMING INTO FORCE

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

REGULATORY IMPACT
ASSESSMENT STATEMENT

(This statement is not part of the Order.)

Description

Before qualified medical practitioners, or qualified technicians under their direction, may use a container designed to receive a sample of blood of a person for analysis for Criminal Code purposes, the Attorney General of Canada must approve the container. Typically, the police departments provide the "approved container", in respect of blood, to medical staff. Currently, the approved blood sample container Order lists only the Vacutainer(r) XF947. The manufacturer has had two product name changes for this approved container (BD Vacutainer^TM 367001 and Vacutainer(r) 367001) that, at times, have required testimony to explain, in cases that go to trial, that the product is the "approved container" in respect of blood. The Order now lists all three numbers that the manufacturer has used for the existing approved container and also lists a container, known as Tri-Tech Inc. TUG10, from a different manufacturer. The Order is effective as of the date it is registered by the Registrar of Statutory Instruments.

Alternatives

No other regulatory alternatives were considered since the containers meet the appropriate scientific standards, and without ministerial approval the containers could not be used for the purpose of the Criminal Code.

Benefits and Costs

Approval of each name used by the manufacturer for the existing "approved container", in respect of blood of a person for analysis, would end the need to explain the name change in some of the cases that go to trial. Adding the container from the second manufacturer would further increase the number of "approved containers", in respect of blood, thereby providing police departments with increased opportunities for the purchase and provision of containers for use in the enforcement of the impaired driving law.

Consultation

These containers were considered by the Alcohol Test Committee of the Canadian Society of Forensic Science and approval by the Attorney General was recommended by this body. The Committee is composed of forensic specialists in the breath and blood-testing field and has national representation. The period of public notice under the Canada Gazette, Part I has expired and no comments have been received regarding the suitability of these blood containers as "approved containers" under section 254 of the Criminal Code.

Compliance and Enforcement

There are no compliance mechanisms required.

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

Footnote a

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

Footnote 1

SI/85-199

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