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Cannabis Act (Police Enforcement) Regulations (SOR/2018-151)

Regulations are current to 2020-09-09 and last amended on 2018-10-17. Previous Versions

Cannabis Act (Police Enforcement) Regulations

SOR/2018-151

CANNABIS ACT

Registration 2018-06-27

Cannabis Act (Police Enforcement) Regulations

P.C. 2018-955 2018-06-26

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 139 of the Cannabis ActFootnote a, makes the annexed Cannabis Act (Police Enforcement) Regulations.

Interpretation

Marginal note:Definitions

 The definitions in this section apply in these Regulations.

Act

Act means the Cannabis Act. (Loi)

appropriate officer

appropriate officer means

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

  • (b) in the case of a police force other than the RCMP, the member of the police force who is the most senior officer responsible for operations; and

  • (c) in the case of the military police, the Canadian Forces Provost Marshal. (officier 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)

military police

military police means military police that are designated under subsection 2(2). (policier militaire)

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)

police force

police force means a police force that is designated under subsection 2(1). (corps policier)

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)

Designation of Police Forces and Military Police

Marginal note:Authority to designate — police forces

  •  (1) The Minister of Public Safety and Emergency Preparedness and every provincial minister are authorized to designate any police force within the jurisdiction of the Minister or the provincial minister, as the case may be, for the purposes of any or all provisions of these Regulations.

  • Marginal note:Authority to designate — military police

    (2) The Minister of National Defence is authorized to designate military police for the purposes of any or all provisions of these Regulations.

General Exemptions

Section 8, 9, 10, 11, 12 or 14 of the Act

Marginal note:Offences — general — police

 A member of a police force or of the military police is exempt from the application of section 8, 9, 10, 11, 12 or 14 of the Act, as applicable, if the member engages in any activity referred to in those sections involving cannabis — other than cannabis that has been forfeited to Her Majesty, that is imported or exported under the exemption provided for in section 17 of these Regulations or that is produced under the exemption provided for in section 19 of these Regulations — of which the member has come into possession during a particular investigation, if the member

  • (a) is in active service; and

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

Marginal note:Offences — general — direction and control

 A person is exempt from the application of section 8, 9, 10, 11, 12 or 14 of the Act, as applicable, if the person engages in any activity referred to in any of those sections involving cannabis — other than cannabis that has been forfeited to Her Majesty, that is imported or exported under the exemption provided for in section 17 of these Regulations or that is produced under the exemption provided for in section 19 of these Regulations — of which the person has come into possession, if the person

  • (a) acts under the direction and control of a member of a police force or of the military police who meets the conditions set out in paragraphs 3(a) and (b) of these Regulations; and

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

Marginal note:RCMP notification — importation or exportation

 A member of a police force or of the military police who is exempt under section 3 of these Regulations from the application of section 11 of the Act must notify, in written or electronic format, the Assistant Commissioner of the RCMP in charge of drug enforcement of the importation or exportation of cannabis, in respect of which the exemption applies, by the member — or by a person under the member’s direction and control who is exempt under section 4 of these Regulations from the application of section 11 of the Act — before the cannabis is imported or exported or, if it is not feasible to do so before the importation or exportation, as soon as feasible after that time.

Section 9 or 10 of the Act — Distribution or Sale

Marginal note:Distribution or sale — police

 A member of a police force or of the military police who engages in any activity referred to in section 9 or 10 of the Act is exempt from the application of that section if the member

  • (a) is in active service; and

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

Marginal note:Distribution or sale — direction and control

 A person who engages in any activity referred to in section 9 or 10 of the Act is exempt from the application of that section if the person

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

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

Section 9, 10, 11 or 12 of the Act in Respect of Offering to Engage in Activities

Marginal note:Offering to engage in activities — police

 A member of a police force or of the military police who engages in any activity referred to in section 9, 10, 11 or 12 of the Act by offering to engage in that activity is exempt, in respect of offering to engage in that activity, from the application of that section, if the member

  • (a) is in active service; and

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

Marginal note:Offering to engage in activities — direction and control

 A person who engages in any activity referred to in section 9, 10, 11 or 12 of the Act by offering to engage in that activity is exempt, in respect of offering to engage in that activity, from the application of that section, if the person

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

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

Other General Exemptions

Marginal note:Conspiracy, etc. — police

 A member of a police force or of the military police is exempt from the application of the provisions that create the offence of conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act if the member

  • (a) is in active service;

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

  • (c) engages in any activity that, but for the application of this section, would constitute a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act.

Marginal note:Conspiracy, etc. — direction and control

 A person is exempt from the application of the provisions that create the offence of conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act if the person

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

    • (i) is in active service, 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 any activity that, but for the application of this section, would constitute a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act.

Other Regulations

Marginal note:Other Regulations — police

 A member of a police force or of the military police who is exempt under these Regulations from the application of section 8, 9, 10, 11, 12 or 14 of the Act in respect of engaging in any activity referred to in that section is exempt, in respect of engaging in that activity, from the application of the Cannabis Regulations and the Industrial Hemp Regulations.

 
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