Evaluation of Impaired Operation (Drugs and Alcohol) Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html

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Evaluation of Impaired Operation (Drugs and Alcohol) Regulations

SOR/2008-196CRIMINAL CODE
Registration 2008-06-11
Evaluation of Impaired Operation (Drugs and Alcohol) Regulations
P.C. 2008-1033 2008-06-11Her 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.

Return to footnote aS.C. 2008, c. 6, s. 20
Return to footnote bR.S., c. C-46
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.