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DUI Metrology Dictionary

Approved instrument (in the context of 320.31)

320.11: approved instrument_means an instrument that is designed to receive and make an analysis of a sample of a person�s breath to determine their blood alcohol concentration and that is approved by the Attorney General of Canada under paragraph 320.39(c) Note the difference from the old legislation: "of a kind" or "type".

Please note that:
a Guth wet-bath simulator is not an "approved instrument".
a Guth mercury thermometer is not an "approved instrument"
a Guth digital simulator thermometer is not an "approved instrument"
a dry gas (air gas) cylinder is not an "approved instrumet"
a dry gas (air gas) valve and regulator ar not an "approved instrument"

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.

Quaere: Are "approved instruments" as used in Canada really screening devices? See the blog entry

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