Definitions1The following definitions apply in these Regulations.Code means the Criminal Code. (Code)qualified medical practitioner means a person duly qualified under provincial law to practise medicine. (médecin qualifié)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)

Application2This 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.

Designations and specifications3If 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.

Prescribed bodily substances4The 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.

Designation of persons to take blood samples5(1)Only qualified medical practitioners and qualified technicians may be designated for the purposes of taking blood samples.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.

Analysis of breath samples6A 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.

Storage of blood samples7A blood sample must be stored in a container that has been approved under the Order Approving Blood Sample Containers.

Prescribed period for destruction of samples8For 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.

Application9This 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.

Designations and specifications10If 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.

Prescribed bodily substances11The 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.

Designation of persons to take blood samples12(1)Only qualified medical practitioners and qualified technicians may be designated for the purposes of taking blood samples.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.

Analysis of breath samples13A 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.

Storage of blood samples14A blood sample must be stored in a container that has been approved under the Order Approving Blood Sample Containers.

Prescribed period for destruction of samples15For 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.

Application16This 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.

Designations and specifications17If 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.

Prescribed bodily substances18The 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.

Designation of persons to take blood samples19(1)Only qualified medical practitioners and qualified technicians may be designated for the purposes of taking blood samples.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.SOR/2018-254, s. 2(F)

Analysis of breath samples20A 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.

Storage of blood samples21A blood sample must be stored in a container that has been approved under the Order Approving Blood Sample Containers.

Prescribed period for destruction of samples22For 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.

S.C. 2011, c. 7*23These 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.*[Note: Regulations in force March 31, 2015, see SI/2014-105.]