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).