CONSOLIDATION

Evaluation of Impaired Operation (Drugs and Alcohol) Regulations

SOR/2008-196

Current to June 20, 2022 Last amended on July 2, 2008



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 2, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on July 2, 2008

TABLE OF PROVISIONS Evaluation of Impaired Operation (Drugs and Alcohol) Regulations 1

Qualification Required of Evaluating Officer

Physical Coordination Tests

Evaluation Tests and Procedures

Coming into Force

Current to June 20, 2022 Last amended on July 2, 2008

ii

Registration SOR/2008-196

June 11, 2008

CRIMINAL CODE Evaluation of Impaired Alcohol) Regulations P.C. 2008-1033

Operation

(Drugs

and

June 11, 2008

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 254.1a of the Criminal Codeb, hereby makes the annexed Evaluation of Impaired Operation (Drugs and Alcohol) Regulations.

a

S.C. 2008, c. 6, s. 20

b

R.S., c. C-46

Current to June 20, 2022 Last amended on July 2, 2008

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 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),

Current to June 20, 2022 Last amended on July 2, 2008

Evaluation of Impaired Operation (Drugs and Alcohol) Regulations Evaluation Tests and Procedures Sections 3-4

(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.

Current to June 20, 2022 Last amended on July 2, 2008

