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
1 An evaluating officer must be a certified drug recognition expert accredited by the International Association of Chiefs of Police.
Physical Coordination Tests
(a) the horizontal gaze nystagmus test;
(b) the walk-and-turn test; and
(c) the one-leg stand test.
Evaluation Tests and Procedures
(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.
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