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

Regulations are current to 2021-04-20 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

 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

 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

 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)

Marginal note:Direction and control

 A person is exempt from the application of section 5, 6 or 7 of the Act, as applicable, where 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.

  • SOR/2005-72, s. 2

Marginal note:RCMP notification

 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.

  • SOR/2005-72, s. 3

Section 5 of the Act — Holding Out

Marginal note:Holding out

 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.

  • SOR/2005-72, s. 3

Marginal note:Direction and control

 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.

  • SOR/2005-72, s. 3

Subsection 4(2) of the Act

Marginal note:Double-doctoring

 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.

  • SOR/2005-72, s. 17(F)

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
 
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