Regulatory Initiative: Regulations Respecting Samples of Bodily Substances - Forward Regulatory Plan 2012-2014

Title or working title of the regulatory initiative:

Regulations Respecting Samples of Bodily Substances

Description of the objective:

The Response to the Supreme Court of Canada Decision in R. v. Shoker Act (the new Act) provides lawful authority to take bodily samples to ensure that these types of conditions, which are included in a majority of all probation orders, conditional sentences and section 810, 810.1 and 810.2 peace bonds, can be effectively monitored for compliance.  The proposed Regulations are intended to complement the provisions of the new Act and create a framework for the exercise of the new authority that ensure minimum standards across the country in the taking, storage and analysis of these samples. Finally, it ensures that bodily samples collected are not retained for unnecessary periods of time, thereby ensuring that the intent of the Act, to provide a balance between the need to ensure compliance with the prohibition orders and the need to preserve the privacy of the individual and the integrity of the sample, is achieved.

The proposed Regulations would stipulate the types of body samples (i.e., breath, urine, blood, hair, and saliva) that may be taken to verify compliance with a court order that requires an individual to abstain from the consumption of drugs and alcohol. The proposed Regulations also indicate who is authorized to take specific types of samples (i.e., authorized individuals and qualified practitioners), and how samples must be stored and analysed.  Finally, the proposed Regulations provide that any bodily sample taken under the authority of the new Act must be destroyed no later than one year after the day on which the sample was provided.

Enabling authority: ss. 732.1(12), 742.3(10) and 810.3(5) Criminal Code , R.S., c. C-46

Indication of business impacts:

There are no expected business impacts.

Public consultation opportunities:

This proposal was developed in consultation with Justice, Corrections and Public Safety officials from all provinces and territories. Broader public consultations have been done through the publication of the proposed regulations in the Canada Gazette, Part I, on June 1, 2013. This publication was followed by a 30-day comments period ending July 2, 2013.

http://www.gazette.gc.ca/rp-pr/p1/2013/2013-06-01/html/reg3-eng.html

Departmental contact:

Doug Hoover, Counsel
Criminal Law Policy Section, Department of Justice Canada
275 Sparks Street, suite 5105, Ottawa, Ontario K1A 0H8
Tel.: 613-952-1991
doug.hoover@justice.gc.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.