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

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.]