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

Regulations are current to 2014-08-05 and last amended on 2007-10-25. Previous Versions

OTHER GENERAL EXEMPTIONS

 [Repealed, SOR/2005-72, s. 11]

Marginal note:Conspiracy

 A member of a police force is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the member

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

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

  • (c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act.

  • SOR/97-281, s. 1;
  • SOR/2005-72, ss. 12, 17(F).
Marginal note:Direction and control

 A person is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the person

  • (a) acts under the direction and control of a member of a police force who

    • (i) is an active member of the police force, and

    • (ii) is acting in the course of the member’s responsibilities for the purposes of a particular investigation;

  • (b) acts to assist the member in the course of the particular investigation; and

  • (c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act.

  • SOR/97-281, s. 1;
  • SOR/2005-72, ss. 13, 17(F).

DETENTION OF FORFEITED SUBSTANCES

Marginal note:Forfeited substances
  •  (1) The chief or appropriate officer shall, as soon as practicable but not later than 60 days after a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized, where the controlled substance or precursor is required for the purposes of conducting investigations under the Act or any other Act of Parliament, inform the Minister in writing of that requirement.

  • Marginal note:Secure location

    (2) Every controlled substance or precursor referred to in subsection (1) shall be kept in a secure location while not being used for the purposes of conducting investigations under the Act or any other Act of Parliament.

  • Marginal note:Transfer

    (3) The chief or appropriate police officer of a police force is exempt from the application of section 5 of the Act if that person transfers any controlled substance or precursor referred to in subsection (1) to the chief or appropriate police officer of another police force and if the chief or appropriate police officer of that other police force requests the transfer for the purposes of a particular investigation.

  • Marginal note:Inform Minister

    (4) Where a transfer is conducted pursuant to subsection (3), the chief or appropriate police officer who

    • (a) makes the transfer shall inform the Minister of the transfer, as soon as practicable after the request for the transfer has been received; and

    • (b) receives the controlled substance or precursor shall inform the Minister of its receipt, as soon as practicable after the receipt.

  • Marginal note:Directions

    (5) If a controlled substance or precursor referred to in subsection (1) is no longer required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall seek the directions of the Minister and dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions.

  • Marginal note:Substances not required

    (6) If a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized and is not required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall, as soon as practicable,

    • (a) in writing seek directions from the Minister respecting the disposal of or otherwise dealing with the controlled substance or precursor, unless the Minister has previously given such directions; and

    • (b) dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions.

  • SOR/2005-72, s. 14.