C-24.2, r. 2 - Regulation respecting breath screening devices

Updated to 12 December 2023

This document has official status.

chapter C-24.2, r. 2

Regulation respecting breath screening devices

Highway Safety Code

(chapter C-24.2, s. 619).

DIVISION I STANDARDS FOR MAINTENANCE AND USE

1. A breath screening device approved by the Minister of Public Security under section 202.3 of the Highway Safety Code (chapter C-24.2) may not be used until a certificate of use is issued to the police force by the Laboratoire de sciences judiciaires et de médecine légale.

O.C. 1495-97, s. 1.

2. After the issue of the certificate, a register shall be drawn up for each device referred to in section 1.

The register shall contain

(1)  a description of the device;

(2)  the serial number of the device;

(3)  the name and address of the manufacturer;

(4)  the date of purchase of the device;

(5)  the date of issue of the certificate of use and of any renewals; and

(6)  the information relative to the maintenance and repairs carried out with respect to the device.

All entries on the register shall carry the author’s signature.

All documents relating to the device shall accompany the register and be kept by the police force.

O.C. 1495-97, s. 2.

3. After 15 days of use, the breath screening device shall be calibrated by a peace officer who meets the training standards prescribed in section 7.

A peace officer who observes that a device does not work as stipulated by the manufacturer shall have it calibrated as provided for in the first paragraph.

O.C. 1495-97, s. 3.

4. Each breath screening device shall be inspected every 12 months by the Laboratoire de sciences judiciaires et de médecine légale which shall renew the certificate of use if the device is in good working condition.

A peace officer who meets the training standards prescribed in section 7 is also authorized to carry out the inspection of the device and to renew the certificate of use.

O.C. 1495-97, s. 4.

5. A peace officer who calibrates a breath screening device shall enter the date and time of each calibration and its result in a continuous report on its use. The report shall be signed by the peace officer and kept with the device for 6 months. Subsequently, it shall be transferred to the register referred to in section 2.

O.C. 1495-97, s. 5.

DIVISION II STANDARDS OF TRAINING

6. A peace officer shall successfully complete the course entitled “Guide de l’utilisateur” given by the École nationale de police du Québec for each model of breath screening device he uses.

O.C. 1495-97, s. 6.

7. To carry out the calibration or inspection of a breath screening device, a peace officer shall

(1)  hold a certificate as a qualified breath analysis technician issued by the Attorney General of Québec;

(2)  for each model he calibrates, successfully complete the course entitled “Guide de l’utilisateur” given by the École nationale de police du Québec; and

(3)  successfully complete the course entitled “Technicien à l’étalonnage” given by the École nationale de police du Québec.

O.C. 1495-97, s. 7.

8. (Omitted).

O.C. 1495-97, s. 8.

REFERENCES

O.C. 1495-97, 1997 G.O. 2, 5658