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

Marginal note:Direction and control

 A person is exempt from the application of subsection 4(2) of the Act where the person engages or attempts to engage in conduct referred to in that subsection, if the person

  • (a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 6(a) and (b); and

  • (b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.

  • SOR/2005-72, s. 4.

Provisions of the Precursor Control Regulations

Marginal note:Member of police force

 A member of a police force is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the member engages or attempts to engage in conduct referred to in any of those provisions and

  • (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 a particular investigation.

  • SOR/2005-72, s. 5.
Marginal note:Direction and control

 A person is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the person engages or attempts to engage in conduct referred to in any of those provisions and the person acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 7.1(a) and (b).

  • SOR/2005-72, s. 5.

EXEMPTION WITH CERTIFICATE

Section 5 of the Act — Trafficking

Marginal note:State drugs
  •  (1) Subject to section 15, a member of a police force is exempt from the application of section 5 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the member has been issued a certificate.

  • Marginal note:Conditions for issuing certificate

    (2) The appropriate police officer may issue a certificate for a period not exceeding six months for the purposes of subsection (1) to a member of a police force where 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 a particular investigation.

  • SOR/2005-72, s. 17(F).
Marginal note:Direction and control

 Subject to section 16, a person is exempt from the application of section 5 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the person

  • (a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 8(2)(a) and (b); and

  • (b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.

  • SOR/2005-72, s. 6.