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

Regulations are current to 2025-12-10 and last amended on 2008-07-02. Previous Versions

 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.

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