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

Qualification Required of Evaluating Officer

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

Physical Coordination Tests

2 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

3 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

4 These Regulations come into force on July 2, 2008.