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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

Exemption with Certificate (continued)

Section 6 of the Act — Importation or Exportation

Marginal note:Controlled deliveries

 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.

  • SOR/2005-72, s. 7

Marginal note:State drugs

  •  (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.

  • SOR/2005-72, ss. 16(F), 17(F)

Marginal note:Direction and control

 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.

  • SOR/2005-72, s. 8

Section 7 of the Act — Production

Marginal note:State drugs

  •  (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.

  • SOR/2005-72, s. 17(F)

Marginal note:Direction and control

 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.

  • SOR/2007-228, s. 1

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

Marginal note:Offering to engage

 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.

  • SOR/2005-72, ss. 9(F), 17(F)

Marginal note:Direction and control

 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.

  • SOR/2005-72, s. 10

Certificate

Marginal note:Information in certificate

 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

  •  (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).

  • SOR/2005-72, s. 17(F)

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
 
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