DUI Metrology Dictionary

Instrument of a kind, Instrument d'un type approuve

The concept of "type" or "kind" was included in the former definition of approved instrument contained in the old pre-December 2018 Criminal Code. When modifications were made to approved instruments or approved screening devices, Courts such as the ON CA in R. v. Bebbington [1988] O.J. No. 1085 and R. v. Alatyppo [1983] O.J. No. 55, made use of this concept to accept that the AI or ASD in question was still "approved". OIML in the VIML says the following about "type approval": 2.05: decision of legal relevance, based on the review of the type evaluation report, that the type of a measuring instrument complies with the relevant statutory requirements and results in the issuance of the type approval certificate. Bill C-46 section 320.11 does not use the concept of type or kind.

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Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.

Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A were "approved instruments" in Canada.

Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC and 6810 are each an "approved screening device" in Canada.

Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.