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.