Contents
- His Excellency the Governor General in Council, on the rec…
- Interpretation
- Part 1 Samples of Bodily Substances Provided in Compliance with Probation Order
- Part 2 Samples of Bodily Substances Provided in Compliance with Conditional Sentence Order
- Part 3 Samples of Bodily Substances Provided in Compliance with Recognizance To Keep the Peace
- Coming into Force
His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsections 732.1(12), 742.3(10) and 810.3(5) of the Criminal Code, makes the annexed Samples of Bodily Substances Regulations.notenotenotenote
Interpretation
1Definitions#
The following definitions apply in these Regulations.
Code means the Criminal Code. (Code)
qualified medical practitioner means a person duly qualified under provincial law to practise medicine. (médecin qualifié)
qualified technician means any person or person of a class of persons designated by the Attorney General as being qualified to take samples of blood for the purposes of sections 254, 256 and 258 of the Code. (technicien qualifié)
Part 1 · Samples of Bodily Substances Provided in Compliance with Probation Order
2Application#
This Part applies in respect of any samples of bodily substances that are provided by offenders in compliance with the conditions of a probation order prescribed by a court under paragraph 732.1(3)(c.1) or (c.2) of the Code.
3Designations and specifications#
If the Attorney General of a province or the minister of justice of a territory proposes to make designations or specifications under subsection 732.1(8) of the Code, they must notify the Attorney General of Canada in writing that the province or territory has the technical and operational capability to take, analyze, store, handle and destroy any samples of bodily substances that are to be provided.
4Prescribed bodily substances#
The following are prescribed bodily substances for the purposes of paragraphs 732.1(3)(c.1) and (c.2) of the Code:
(a)breath;
(b)urine;
(c)blood;
(d)hair; and
(e)saliva.
5Designation of persons to take blood samples#
(1)Only qualified medical practitioners and qualified technicians may be designated for the purposes of taking blood samples.
(2)A blood sample may be taken from a person only if a qualified medical practitioner is satisfied that taking the sample would not endanger the person’s life or health.
6Analysis of breath samples#
A breath sample must be analyzed either by using an instrument that has been approved under the Approved Breath Analysis Instruments Order or by using a screening device that has been approved under the Approved Screening Devices Order.
7Storage of blood samples#
A blood sample must be stored in a container that has been approved under the Order Approving Blood Sample Containers.
Part 2 · Samples of Bodily Substances Provided in Compliance with Conditional Sentence Order
9Application#
This Part applies in respect of any samples of bodily substances that are provided by offenders in compliance with the conditions of a conditional sentence order prescribed by a court under paragraph 742.3(2)(a.1) or (a.2) of the Code.
10Designations and specifications#
If the Attorney General of a province or the minister of justice of a territory proposes to make designations or specifications under subsection 742.3(6) of the Code, they must notify the Attorney General of Canada in writing that the province or territory has the technical and operational capability to take, analyze, store, handle and destroy any samples of bodily substances that are to be provided.
11Prescribed bodily substances#
The following are prescribed bodily substances for the purposes of paragraphs 742.3(2)(a.1) and (a.2) of the Code:
(a)breath;
(b)urine;
(c)blood;
(d)hair; and
(e)saliva.
12Designation of persons to take blood samples#
(1)Only qualified medical practitioners and qualified technicians may be designated for the purposes of taking blood samples.
(2)A blood sample may be taken from a person only if a qualified medical practitioner is satisfied that taking the sample would not endanger the person’s life or health.
13Analysis of breath samples#
A breath sample must be analyzed either by using an instrument that has been approved under the Approved Breath Analysis Instruments Order or by using a screening device that has been approved under the Approved Screening Devices Order.
14Storage of blood samples#
A blood sample must be stored in a container that has been approved under the Order Approving Blood Sample Containers.
Part 3 · Samples of Bodily Substances Provided in Compliance with Recognizance To Keep the Peace
16Application#
This Part applies in respect of any samples of bodily substances that are provided by defendants in compliance with the conditions added to a recognizance to keep the peace under paragraph 810(3.02)(b) or (c), 810.01(4.1)(f) or (g), 810.1(3.02)(h) or (i) or 810.2(4.1)(f) or (g) of the Code.
17Designations and specifications#
If the Attorney General of a province or the minister of justice of a territory proposes to make designations or specifications under subsection 810.3(1) of the Code, they must notify the Attorney General of Canada in writing that the province or territory has the technical and operational capability to take, analyze, store, handle and destroy any samples of bodily substances that are to be provided.
18Prescribed bodily substances#
The following are prescribed bodily substances for the purposes of paragraphs 810(3.02)(b) and (c), 810.01(4.1)(f) and (g), 810.1(3.02)(h) and (i) and 810.2(4.1)(f) and (g) of the Code:
(a)breath;
(b)urine;
(c)blood;
(d)hair; and
(e)saliva.
19Designation of persons to take blood samples#
(1)Only qualified medical practitioners and qualified technicians may be designated for the purposes of taking blood samples.
(2)A blood sample may be taken from a person only if a qualified medical practitioner is satisfied that taking the sample would not endanger the person’s life or health.
note
20Analysis of breath samples#
A breath sample must be analyzed either by using an instrument that has been approved under the Approved Breath Analysis Instruments Order or by using a screening device that has been approved under the Approved Screening Devices Order.
21Storage of blood samples#
A blood sample must be stored in a container that has been approved under the Order Approving Blood Sample Containers.
Coming into Force
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.