Controlled Drugs and Substances Act (Police Enforcement) Regulations (SOR/97-234)

Regulations are current to 2012-05-14 and last amended on 2007-10-25. Previous Versions

Controlled Drugs and Substances Act (Police Enforcement) Regulations

SOR/97-234

CONTROLLED DRUGS AND SUBSTANCES ACT

Registration 1997-04-22

Controlled Drugs and Substances Act (Police Enforcement) Regulations

P.C. 1997-632 1997-04-22

His Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, pursuant to subsection 55(2) of the Controlled Drugs and Substances ActFootnote a, hereby makes the annexed Controlled Drugs and Substances Act (Police Enforcement) Regulations.

INTERPRETATION

Marginal note:Definitions

1. The definitions in this section apply in these Regulations.

“Act”

“Act” means the Controlled Drugs and Substances Act. (Loi)

“appropriate police officer”

“appropriate police officer” means

  • (a) in the case of the RCMP, the Assistant Commissioner of the RCMP in charge of drug enforcement; and

  • (b) in the case of any other police force, the member of the police force who is the most senior officer responsible for operations. (agent de police compétent)

“chief”

“chief” means, in respect of a police force other than the RCMP, the senior police officer in charge of the police force. (chef)

“particular investigation”

“particular investigation” means a primary investigation conducted under the Act or any other Act of Parliament and includes any investigation that arises from the primary investigation. (enquête particulière). (enquête particulière)

“police force”

“police force” means a police force that is designated pursuant to section 2. (corps policier)

“proceeding”

“proceeding” means a preliminary inquiry, trial or other proceeding under the Act or any other Act of Parliament. (procédure)

“provincial minister”

“provincial minister” means the provincial minister responsible for policing in a province. (ministre provincial)

“RCMP”

“RCMP” means the Royal Canadian Mounted Police. (GRC)

  • SOR/2005-72, ss. 1, 16(F).

DESIGNATIONS OF POLICE FORCES

Marginal note:Authority to designate

2. The Solicitor General of Canada and every provincial minister are hereby authorized to designate any police force within the jurisdiction of the Solicitor General or the provincial minister, as the case may be, for the purposes of any or all provisions of these Regulations.

GENERAL EXEMPTION

Sections 5, 6 or 7 of the Act

Marginal note:Street drugs

3. A member of a police force is exempt from the application of section 5, 6 or 7 of the Act, as applicable, where the member engages or attempts to engage in conduct referred to in any of those sections that involves a substance other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the member has come into possession during a particular investigation, if the member

  • (a) is an active member of the police force; and

  • (b) is acting in the course of the member’s responsibilities for the purposes of the particular investigation.

  • SOR/2005-72, s. 17(F).