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

Provision

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 254.1 a of the Criminal Code b, hereby makes the annexed Evaluation of Impaired Operation (Drugs and Alcohol) Regulations. S.C. 2008, c. 6, s. 20 R.S., c. C-46

Qualification Required of Evaluating Officer

s. 1

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

Physical Coordination Tests

s. 2

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

s. 2(a)

the horizontal gaze nystagmus test;

s. 2(b)

the walk-and-turn test; and

s. 2(c)

the one-leg stand test.

Evaluation Tests and Procedures

s. 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

s. 3(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;

s. 3(b)

eye examinations, which consist of

s. 3(b)(i)

the horizontal gaze nystagmus test,

s. 3(b)(ii)

the vertical gaze nystagmus test, and

s. 3(b)(iii)

the lack-of-convergence test;

s. 3(c)

divided-attention tests, which consist of

s. 3(c)(i)

the Romberg balance test,

s. 3(c)(ii)

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

s. 3(c)(iii)

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

s. 3(c)(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;

s. 3(d)

an examination, which consists of measuring the blood pressure, temperature and pulse;

s. 3(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;

s. 3(f)

an examination, which consists of checking the muscle tone and pulse; and

s. 3(g)

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

Coming into Force

s. 4

These Regulations come into force on July 2, 2008.