CONSOLIDATION

Blood Drug Concentration Regulations

SOR/2018-148

Current to June 20, 2022 Last amended on December 18, 2018



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 December 18, 2018. 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 December 18, 2018

TABLE OF PROVISIONS Blood Drug Concentration Regulations

Blood Alcohol Concentration and Blood Drug Concentration 1

Summary offence

Hybrid offence — drugs

Hybrid offence — combination of drugs and alcohol

Application Before Publication 4

Statutory Instruments Act

Coming into Force

Current to June 20, 2022 Last amended on December 18, 2018

ii

Registration SOR/2018-148

June 27, 2018

CRIMINAL CODE Blood Drug Concentration Regulations

P.C. 2018-952

June 26, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 253.1a of the Criminal Codeb, makes the annexed Blood Drug Concentration Regulations.

a

S.C. 2018, c. 21, s. 2

b

R.S., c. C-46

Current to June 20, 2022 Last amended on December 18, 2018

Blood Drug Concentration Regulations

Blood Alcohol Concentration and Blood Drug Concentration Summary offence 1 For the purpose of subsection 320.14(4) of the Criminal Code, the prescribed blood drug concentration for tetrahydrocannabinol (THC) is 2 ng of THC per mL of blood. SOR/2018-149, s. 1.

Hybrid offence — drugs 2 For the purpose of paragraph 320.14(1)(c) of the Criminal Code, the prescribed blood drug concentration for each drug set out in column 1 of the table to this section is set out in column 2. Column 1

Column 2

Item

Drug

Concentration

Tetrahydrocannabinol (THC)

5 ng/mL of blood

Lysergic acid diethylamide Any detectable level (LSD)

Psilocybin

Any detectable level

Psilocin

Any detectable level

Phencyclidine (PCP)

Any detectable level

6-Monoacetylmorphine

Any detectable level

Ketamine

Any detectable level

Cocaine

Any detectable level

Gamma hydroxybutyrate (GHB)

5 mg/L of blood

Methamphetamine

Any detectable level

SOR/2018-149, s. 2.

Hybrid offence — combination of drugs and alcohol 3 For the purpose of paragraph 320.14(1)(d) of the Criminal Code, the prescribed blood alcohol concentration is 50 mg of alcohol per 100 mL of blood and the prescribed

Current to June 20, 2022 Last amended on December 18, 2018

Blood Drug Concentration Regulations Blood Alcohol Concentration and Blood Drug Concentration Sections 3-5

blood drug concentration for tetrahydrocannabinol (THC) is 2.5 ng of THC per mL of blood. SOR/2018-149, s. 3.

Application Before Publication Statutory Instruments Act 4 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.

Coming into Force 5 These Regulations come into force on the day on

which they are made.

Current to June 20, 2022 Last amended on December 18, 2018

