Who is designated to take and analyze non-medical blood samples in BC?

Last revised June 19, 2023

Taking blood samples

The taking of non-medical blood samples as requested by law enforcement agencies is governed by the Criminal Code of Canada. Law enforcement officers who have reasonable grounds to believe that a person has been operating a motor vehicle while impaired have the right to demand a blood sample.

Blood samples may be drawn by a qualified medical practitioner or “qualified technician”.

Section 320.28 Criminal Code of Canada:

Samples of breath or blood — alcohol

• 320.28 (1) If a peace officer has reasonable grounds to believe that a person has operated a conveyance while the person’s ability to operate it was impaired to any degree by alcohol or has committed an offence under paragraph 320.14(1)(b), the peace officer may, by demand made as soon as practicable,
  • (a) require the person to provide, as soon as practicable,
    • (i) the samples of breath that, in a qualified technician’s opinion, are necessary to enable a proper analysis to be made by means of an approved instrument, or
    • (ii) if the peace officer has reasonable grounds to believe that, because of their physical condition, the person may be incapable of providing a sample of breath or it would be impracticable to take one, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration; and
  • (b) require the person to accompany the peace officer for the purpose of taking samples of that person’s breath or blood.

Ministerial Order No. M206 specifies the classes of people who are “qualified technicians” to collect non-medical blood samples under the Criminal Code. The specific classes are:

1. A registrant of the British Columbia College of Nursing Professionals who is authorized to use the title:

       i. “registered nurse,”

       ii. “nurse practitioner,” or

       iii. “registered psychiatric nurse”

    2. A person working in a hospital who, in the normal course of their duties, takes blood samples

Analyzing blood samples

Section 320.4 of the Criminal Code states that the Attorney General may designate persons or a class of persons qualified to analyze bodily substances.

Ministerial Order M228/2019 designates forensic specialists and forensic technologists employed by the Royal Canadian Mounted Police Toxicology Services as a class of persons qualified to analyze samples of bodily substances pursuant to section 320.4(b)(ii) of the Criminal Code.

An analyst testifying in court must provide a copy of a certificate as proof of qualification.

The Blood Sample Certificate Regulation BC Reg. 333/83 shows the form and content of certificates.

Most recent amendment to this regulation is available in B.C. Reg. 343/2012

Background

In the 1980s, Persons Approved to Analyze a Blood Samples were listed in BC Regulation 317/83 and amending Regulations 330/84 and 121/85, published in the BC Gazette, Part II (available in resource and regional courthouse libraries).



In 1983, a new Regulations Act, RSBC 1996, c. 402, changed the definition of "regulation".  As a result, the Registrar of Regulations determined that BC Reg. 317/83 no longer fit the definition of "regulation" and was removed from the Consolidated Regulations of British Columbia and from the Index of Current B.C. Regulations. Therefore, B.C. Reg. 317/83 was dropped as a regulation and no longer tracked.