Samples of Bodily Substances Regulations (SOR/2014-304)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Code

Code means the Criminal Code. (Code)

qualified medical practitioner

qualified medical practitioner means a person duly qualified under provincial law to practise medicine. (médecin qualifié)

qualified technician

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 1Samples of Bodily Substances Provided in Compliance with Probation Order

Marginal note:Application

2 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.

Marginal note:Designations and specifications

3 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.

Marginal note:Prescribed bodily substances

4 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.

Marginal note:Designation of persons to take blood samples

• 5 (1) Only qualified medical practitioners and qualified technicians may be designated for the purposes of taking blood samples.

• Marginal note:Medical opinion required

  (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.

Marginal note:Analysis of breath samples

6 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.

Marginal note:Storage of blood samples

7 A blood sample must be stored in a container that has been approved under the Order Approving Blood Sample Containers.

Marginal note:Prescribed period for destruction of samples

8 For the purposes of subsection 732.1(11) of the Code, a sample of a bodily substance must be destroyed within one year after the day on which the sample is provided.

PART 2Samples of Bodily Substances Provided in Compliance with Conditional Sentence Order

Marginal note:Application

9 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.

Marginal note:Designations and specifications

10 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.

Marginal note:Prescribed bodily substances

11 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.

Marginal note:Designation of persons to take blood samples

• 12 (1) Only qualified medical practitioners and qualified technicians may be designated for the purposes of taking blood samples.

• Marginal note:Medical opinion required

  (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.

Marginal note:Analysis of breath samples

13 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.

Marginal note:Storage of blood samples

14 A blood sample must be stored in a container that has been approved under the Order Approving Blood Sample Containers.

Marginal note:Prescribed period for destruction of samples

15 For the purposes of subsection 742.3(9) of the Code, a sample of a bodily substance must be destroyed within one year after the day on which the sample is provided.

PART 3Samples of Bodily Substances Provided in Compliance with Recognizance To Keep the Peace

Marginal note:Application

16 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.

Marginal note:Designations and specifications

17 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.

Marginal note:Prescribed bodily substances

18 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.

Marginal note:Designation of persons to take blood samples

• 19 (1) Only qualified medical practitioners and qualified technicians may be designated for the purposes of taking blood samples.

• Marginal note:Medical opinion required

  (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.

Marginal note:Analysis of breath samples

20 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.

Marginal note:Storage of blood samples

21 A blood sample must be stored in a container that has been approved under the Order Approving Blood Sample Containers.

Marginal note:Prescribed period for destruction of samples

22 For the purposes of subsection 810.3(4) of the Code, a sample of a bodily substance must be destroyed within one year after the day on which the sample is provided.

Coming into Force

Marginal note:S.C. 2011, c. 7

Footnote ^*23 These Regulations come into force on the day on which the Response to the Supreme Court of Canada Decision in R. v. Shoker Act comes into force, but if these Regulations are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force March 31, 2015, see SI/2014-105.]