Excerpt from Canada Regulations
Approved Breath Analysis Instruments Order SI/85-201CRIMINAL CODE Registration 1985-11-27
Order Approving Certain Breath Analysis Instruments as Suitable for the Purposes of Section 258 of the Criminal CodeThe Attorney General of Canada, pursuant to the definition approved instrument in subsection 238(1)Footnote * of the Criminal Code, hereby revokes the Approved Instruments Order, C.R.C., c. 428, and makes the annexed Order approving certain breath analysis instruments as suitable for the purposes of section 258 of the Criminal Code, in substitution therefor, effective December 4, 1985.
Return to footnote *S.C. 1985, c. 19, s. 36
Ottawa, November 7, 1985 JOHN C. CROSBIE Attorney General of Canada
Short Title
1 This Order may be cited as the Approved Breath Analysis Instruments Order.
Approved Instruments
2 The following instruments, each being an instrument of a kind that is designed to receive and make an analysis of a sample of the breath of a person in order to measure the concentration of alcohol in the blood of that person, are hereby approved as suitable for the purposes of section 258 of the Criminal Code:
(a) to (c) [Repealed, SOR/2012-237, s. 1]
(d) to (g) [Repealed, SOR/2013-107, s. 1]
(h) Intoxilyzer ® 5000 C;
(i) [Repealed, SOR/2012-237, s. 1]
(j) [Repealed, SOR/2013-107, s. 1]
(k) BAC Datamaster C;
(l) Alco-Sensor IV-RBT IV;
(m) [Repealed, SOR/2013-107, s. 1]
(n) Alco-Sensor IV/RBT IV-K;
(o) Alcotest 7110 MKIII Dual C;
(p) Intoxilyzer® 8000 C;
(q) DataMaster DMT-C;
(r) Intox EC/IR II; and
(s) Intoxilyzer® 9000.
SI/92-105, s. 2
SI/92-167, s. 1
SI/93-61, s. 1
SI/93-175, s. 1
SOR/94-422, s. 1
SOR/94-572, s. 1
SOR/95-312, s. 1
SOR/2000-200, s. 1
SOR/2002-99, s. 1
SOR/2007-197, s. 1
SOR/2008-106, s. 1
SOR/2009-205, s. 1
SOR/2012-237, s. 1
SOR/2013-107, s. 1
SOR/2019-26, s. 1
Excerpt from Criminal Code of Canada
Approval — Attorney General of Canada
320.39 The Attorney General of Canada may, by order, approve
(a) a device that is designed to ascertain the presence of alcohol in a person’s blood;
(b) equipment that is designed to ascertain the presence of a drug in a person’s body;
(c) an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration; and
(d) a container that is designed to receive a sample of a person’s blood for analysis.
2018, c. 21, s. 15
Marginal note:Designation — Attorney General
320.4 The Attorney General may designate
(a) a person as qualified, for the purposes of this Part, to operate an approved instrument;
(b) a person or class of persons as qualified, for the purposes of this Part,
(i) to take samples of blood, or
(ii) to analyze samples of bodily substances; and
(c) a person or class of persons as qualified, for the purposes of this Part, to certify that an alcohol standard is suitable for use with an approved instrument.
2018, c. 21, s. 15
Excerpt from Bill C-46 June 21, 2018
Transitional Provision
Approved instrument, approved screening device, approved container
10 Any approved instrument, approved screening device or approved container approved under subsection 254(1) of the Criminal Code, as it read immediately before the day on which subsection 3(1) of this Act comes into force, is deemed to be approved as an approved instrument, approved screening device or approved container, respectively, under section 254.01 of the Criminal Code as enacted by section 4 of this Act.
Approved instrument, approved screening device, approved container
35 Any approved container, approved drug screening equipment, approved instrument or approved screening device approved under subsection 254.01 of the Criminal Code, as it read immediately before the day on which section 14 of this Act comes into force, is deemed to be approved as an approved container, approved drug screening equipment, approved instrument or approved screening device, respectively, under section 320.39 of the Criminal Code as enacted by section 15 of this Act.
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