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

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)

Designations of Police Forces

Marginal note:Authority to designate

2 The Minister of Public Safety and Emergency Preparedness and every provincial minister are authorized to designate any police force within the jurisdiction of that Minister or the provincial minister for the purposes of these Regulations or any of its provisions.

General Exemption

Sections 5 to 7.1 of the Act

Marginal note:Street drugs

3 A member of a police force is exempt from the application of any of sections 5 to 7.1 of the Act if 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.

Marginal note:Direction and control

4 A person is exempt from the application of any of section 5 to 7.1 of the Act if the person 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 person has come into possession, 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 3(a) and (b); and

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

Marginal note:RCMP notification

5 A member who is exempt, under section 3 of these Regulations, from the application of section 6 of the Act shall notify, in written or electronic format, the Assistant Commissioner of the RCMP in charge of drug enforcement of the importation or exportation of a substance by the member in accordance with section 3 of these Regulations, or by a person under the member's direction or control pursuant to section 4 of these Regulations, before the substance is imported or exported or, if it is not practicable to do so before the substance is imported or exported, as soon as practicable after that time.

Section 5 of the Act — Holding Out

Marginal note:Holding out

5.1 A member of a police force who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in Schedule I, II, III or IV of the Act is exempt from the application of that section 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 a particular investigation.

Marginal note:Direction and control

5.2 A person who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in Schedule I, II, III or IV 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 who meets the conditions set out in paragraphs 5.1(a) and (b); and

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

Subsection 4(2) of the Act

Marginal note:Double-doctoring

6 A member of a police force is exempt from the application of subsection 4(2) of the Act where the member engages or attempts to engage in conduct referred to in that subsection, 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 a particular investigation.

Marginal note:Direction and control

7 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.

Provisions of the Precursor Control Regulations

Marginal note:Member of police force

7.1 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.

Marginal note:Direction and control

7.2 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).

Exemption with Certificate

Section 5 of the Act — Trafficking

Marginal note:State drugs

• 8 (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.

Marginal note:Direction and control

9 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.

Section 6 of the Act — Importation or Exportation

Marginal note:Controlled deliveries

10 For the purposes of subsection 11(1) and section 12, a substance requested of and obtained directly from a foreign state does not include a substance that has, for the purpose of identifying any person involved in the commission of an offence under the Act or any other Act of Parliament or a conspiracy to commit such an offence, been allowed to pass out of or through a foreign state, with the knowledge and under the supervision of that state's competent authorities.

Marginal note:State drugs

• 11 (1) A member of a police force is exempt from the application of section 6 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 produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the member has been issued a certificate.

• Marginal note:Conditions for issuing certificate

  (2) The Assistant Commissioner of the RCMP in charge of drug enforcement may issue a certificate for a period not exceeding six months for the purposes of subsection (1) 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 in which the RCMP participates.

Marginal note:Direction and control

12 A person is exempt from the application of section 6 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 produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, 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 11(2)(a) and (b); and

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

Section 7 of the Act — Production

Marginal note:State drugs

• 13 (1) Subject to section 15, a member of a police force is exempt from the application of section 7 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 or that is imported in accordance with section 11 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 one year 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.

Marginal note:Direction and control

14 Subject to section 16, a person is exempt from the application of section 7 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 or that is imported in accordance with section 11 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 13(2)(a) and (b); and

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

Section 5 or 7 of the Act in Respect of Offering to Engage

Marginal note:Offering to engage

15 A member of a police force who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, 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 a particular investigation.

Marginal note:Direction and control

16 A person who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, 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 15(a) and (b); and

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

Certificate

Marginal note:Information in certificate

17 A certificate issued under section 8, 11 or 13 shall identify the member of the police force to which it applies, the duration of the exemption and the particular investigation to which it relates.

Revocation of Certificate

Marginal note:Revocation

• 18 (1) A certificate issued under section 8, 11 or 13 is revoked on the earliest of

  • (a) the date on which the appropriate police officer who issued the certificate revokes it,

  • (b) the date on which the member to whom it was issued is no longer an active member of the police force,

  • (c) the date on which the member to whom it was issued is no longer acting in the course of the member’s responsibilities for the purposes of the particular investigation to which the certificate relates,

  • (d) the date on which the particular investigation to which the certificate relates has been completed, or

  • (e) the date on which the certificate expires.

• Marginal note:Notice

  (2) The appropriate police officer shall notify the member to whom a certificate was issued of the revocation on the day on which the certificate is revoked pursuant to paragraph (1)(a), (c) or (d).

Other General Exemptions

18.1 and 18.2 [Repealed, SOR/2005-72, s. 11]

Marginal note:Conspiracy

19 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.

Marginal note:Direction and control

20 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.

Detention of Forfeited Substances

Marginal note:Forfeited substances

• 21 (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.

Reports

Marginal note:Annual report

• 22 (1) The chief or appropriate police officer shall submit to the Minister of Public Safety and Emergency Preparedness and to the Minister, within three months after the end of every calendar year, a report in written or electronic format containing the information set out in subsection (3), in respect of each of the following controlled substances or precursors that came into the possession of the police force in the course of a particular investigation completed during the calendar year, namely,

  • (a) a controlled substance or precursor imported or exported in accordance with section 11;

  • (b) a controlled substance produced in accordance with section 13; and

  • (c) a forfeited controlled substance or precursor referred to in section 21.

• Marginal note:Copy of report

  (2) The chief or appropriate police officer of a police force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force.

• Marginal note:Contents of report

  (3) The report shall indicate the name and total quantity of each controlled substance or precursor and the quantity, in respect of each controlled substance or precursor, that was forfeited, imported, exported, produced or destroyed, as applicable.

• Marginal note:Additional report

  (4) The chief or appropriate police officer of a police force shall also submit, on request, a report in written or electronic format to the Minister respecting the controlled substances or precursors referred to in subsection (1) as required for the following purposes:

  • (a) to ensure the protection of the public against potential public health risks caused by the potential misuse or diversion of those substances;

  • (b) to collect data required for studies and research;

  • (c) to meet international obligations of the Government of Canada; and

  • (d) for compliance with these Regulations.

Marginal note:Report of substances no longer in possession

• 23 (1) The chief or appropriate police officer shall submit a report in written or electronic format to the Minister of Public Safety and Emergency Preparedness and the Minister containing the information required by subsection (3), respecting every controlled substance or precursor referred to in subsection 21(1) that is lost, stolen or otherwise no longer in the possession of the police force, as soon as practicable after the substance is lost, stolen or no longer in the possession of the police force.

• Marginal note:Copy of report

  (2) The chief or appropriate police officer of a police force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force.

• Marginal note:Contents of report

  (3) The report shall include the following information:

  • (a) the name and quantity of each controlled substance or precursor;

  • (b) the date of forfeiture, importation or exportation of each controlled substance or precursor, or the production of each controlled substance, as applicable; and

  • (c) the date on which and an explanation of the circumstances in which the controlled substance or precursor was lost or stolen or ceased to be in the possession of the police force.

Transitional Provision

Marginal note:Transitional

24 These Regulations apply in respect of every controlled substance or precursor that was forfeited to Her Majesty before the coming into force of these Regulations and that is in the possession of a police force, except that, in respect of subsection 21(1), the reference to 60 days shall be read as a reference to 120 days after the coming into force of these Regulations.

Coming into Force

Marginal note:Coming into force

Footnote ^*25 These Regulations come into force on the date on which the Controlled Drugs and Substances Act comes into force.

• Return to footnote ^*[Note: Regulations in force May 14, 1997, see SI/97-47.]