Evaluation of Impaired Operation (Drugs and Alcohol) Regulations (SOR/2008-196)

Regulations are current to 2014-10-27 and last amended on 2008-07-02. Previous Versions

Evaluation of Impaired Operation (Drugs and Alcohol) Regulations

SOR/2008-196

CRIMINAL CODE

Registration 2008-06-11

Evaluation of Impaired Operation (Drugs and Alcohol) Regulations

P.C. 2008-1033 2008-06-11

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 254.1Footnote a of the Criminal CodeFootnote b, hereby makes the annexed Evaluation of Impaired Operation (Drugs and Alcohol) Regulations.

QUALIFICATION REQUIRED OF EVALUATING OFFICER

 An evaluating officer must be a certified drug recognition expert accredited by the International Association of Chiefs of Police.

PHYSICAL COORDINATION TESTS

 The physical coordination tests to be conducted under paragraph 254(2)(a) of the Criminal Code are the following standard field sobriety tests:

  • (a) the horizontal gaze nystagmus test;

  • (b) the walk-and-turn test; and

  • (c) the one-leg stand test.

EVALUATION TESTS AND PROCEDURES

 The tests to be conducted and the procedures to be followed during an evaluation under subsection 254(3.1) of the Criminal Code are

  • (a) a preliminary examination, which consists of measuring the pulse and determining that the pupils are the same size and that the eyes track an object equally;

  • (b) eye examinations, which consist of

    • (i) the horizontal gaze nystagmus test,

    • (ii) the vertical gaze nystagmus test, and

    • (iii) the lack-of-convergence test;

  • (c) divided-attention tests, which consist of

    • (i) the Romberg balance test,

    • (ii) the walk-and-turn test referred to in paragraph 2(b),

    • (iii) the one-leg stand test referred to in paragraph 2(c), and

    • (iv) the finger-to-nose test, which includes the test subject tilting the head back and touching the tip of their index finger to the tip of their nose in a specified manner while keeping their eyes closed;

  • (d) an examination, which consists of measuring the blood pressure, temperature and pulse;

  • (e) an examination of pupil sizes under light levels of ambient light, near total darkness and direct light and an examination of the nasal and oral cavities;

  • (f) an examination, which consists of checking the muscle tone and pulse; and

  • (g) a visual examination of the arms, neck and, if exposed, the legs for evidence of injection sites.

COMING INTO FORCE

 These Regulations come into force on July 2, 2008.