Cannabis Act (Police Enforcement) Regulations (SOR/2018-151)

Interpretation

Marginal note:Definitions

1 The definitions in this section apply in these Regulations.

Act

Act means the Cannabis Act. (Loi)

appropriate officer

appropriate officer means

• (a) in the case of the RCMP, the Assistant Commissioner of the RCMP in charge of drug enforcement;

• (b) in the case of a police force other than the RCMP, the member of the police force who is the most senior officer responsible for operations; and

• (c) in the case of the military police, the Canadian Forces Provost Marshal. (officier 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)

military police

military police means military police that are designated under subsection 2(2). (policier militaire)

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)

police force

police force means a police force that is designated under subsection 2(1). (corps policier)

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)

Designation of Police Forces and Military Police

Marginal note:Authority to designate — police forces

• 2 (1) The Minister of Public Safety and Emergency Preparedness and every provincial minister are authorized to designate any police force within the jurisdiction of the Minister or the provincial minister, as the case may be, for the purposes of any or all provisions of these Regulations.

• Marginal note:Authority to designate — military police

  (2) The Minister of National Defence is authorized to designate military police for the purposes of any or all provisions of these Regulations.

General Exemptions

Sections 8 and 9 to 14 of the Act

Marginal note:Offences — general — police

3 A member of a police force or of the military police is exempt from the application of any of sections 8 and 9 to 14 of the Act, as applicable, if the member engages in any activity referred to in those sections involving cannabis — other than cannabis that has been forfeited to Her Majesty, that is imported or exported under the exemption provided for in section 17 of these Regulations or that is produced under the exemption provided for in section 19 of these Regulations — of which the member has come into possession during a particular investigation, if the member

• (a) is in active service; and

• (b) is acting in the course of the member’s responsibilities for the purposes of the particular investigation.

Marginal note:Offences — general — direction and control

4 A person is exempt from the application of any of sections 8 and 9 to 14 of the Act, as applicable, if the person engages in any activity referred to in those sections involving cannabis — other than cannabis that has been forfeited to Her Majesty, that is imported or exported under the exemption provided for in section 17 of these Regulations or that is produced under the exemption provided for in section 19 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 or of the military police who meets the conditions set out in paragraphs 3(a) and (b) of these Regulations; and

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

Marginal note:RCMP notification — importation or exportation

5 A member of a police force or of the military police who is exempt under section 3 of these Regulations from the application of section 11 of the Act must notify, in written or electronic format, the Assistant Commissioner of the RCMP in charge of drug enforcement of the importation or exportation of cannabis, in respect of which the exemption applies, by the member — or by a person under the member’s direction and control who is exempt under section 4 of these Regulations from the application of section 11 of the Act — before the cannabis is imported or exported or, if it is not feasible to do so before the importation or exportation, as soon as feasible after that time.

Section 9 or 10 of the Act — Distribution or Sale

Marginal note:Distribution or sale — police

6 A member of a police force or of the military police who engages in any activity referred to in section 9 or 10 of the Act is exempt from the application of that section if the member

• (a) is in active service; and

• (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.

Marginal note:Distribution or sale — direction and control

7 A person who engages in any activity referred to in section 9 or 10 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 or of the military police who meets the conditions set out in paragraphs 6(a) and (b) of these Regulations; and

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

Section 9, 10, 11 or 12 of the Act in Respect of Offering to Engage in Activities

Marginal note:Offering to engage in activities — police

8 A member of a police force or of the military police who engages in any activity referred to in section 9, 10, 11 or 12 of the Act by offering to engage in that activity is exempt, in respect of offering to engage in that activity, from the application of that section, if the member

• (a) is in active service; and

• (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.

Marginal note:Offering to engage in activities — direction and control

9 A person who engages in any activity referred to in section 9, 10, 11 or 12 of the Act by offering to engage in that activity is exempt, in respect of offering to engage in that activity, from the application of that section, if the person

• (a) acts under the direction and control of a member of a police force or of the military police who meets the conditions set out in paragraphs 8(a) and (b) of these Regulations; and

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

Other General Exemptions

Marginal note:Conspiracy, etc. — police

10 A member of a police force or of the military police is exempt from the application of the provisions that create the offence of conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act if the member

• (a) is in active service;

• (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation; and

• (c) engages in any activity that, but for the application of this section, would constitute a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act.

Marginal note:Conspiracy, etc. — direction and control

11 A person is exempt from the application of the provisions that create the offence of conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act if the person

• (a) acts under the direction and control of a member of a police force or of the military police who

  • (i) is in active service, 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 any activity that, but for the application of this section, would constitute a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act.

Other Regulations

Marginal note:Other Regulations — police

12 A member of a police force or of the military police who is exempt under these Regulations from the application of section 8, 9, 10, 11, 12 or 14 of the Act in respect of engaging in any activity referred to in that section is exempt, in respect of engaging in that activity, from the application of the Cannabis Regulations and the Industrial Hemp Regulations.

Marginal note:Other Regulations — direction and control

13 A person who acts under the direction and control of a member of a police force or of the military police and who is exempt under these Regulations from the application of section 8, 9, 10, 11, 12 or 14 of the Act in respect of engaging in any activity referred to in that section is exempt, in respect of engaging in that activity, from the application of the Cannabis Regulations and the Industrial Hemp Regulations.

Exemptions with Certificate

Section 9 or 10 of the Act — Distribution or Sale

Marginal note:State cannabis — distribution or sale

• 14 (1) Subject to section 8 of these Regulations, a member of a police force or of the military police is exempt from the application of section 9 or 10 of the Act, as applicable, if the member engages in any activity referred to in those sections involving cannabis that has been forfeited to Her Majesty, that is imported under the exemption provided for in section 17 of these Regulations or that is produced under the exemption provided for in section 19 of these Regulations, if the member has been issued a certificate.

• Marginal note:Conditions for issuing certificate

  (2) The appropriate 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 or of the military police, as the case may be, if the member

  • (a) is in active service; and

  • (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.

Marginal note:Direction and control — distribution or sale

15 Subject to section 9 of these Regulations, a person is exempt from the application of section 9 or 10 of the Act, as applicable, if the person engages in any activity referred to in those sections involving cannabis that has been forfeited to Her Majesty, that is imported under the exemption provided for in section 17 of these Regulations or that is produced under the exemption provided for in section 19 of these Regulations, if the person

• (a) acts under the direction and control of a member of a police force or of the military police who meets the conditions set out in paragraphs 14(2)(a) and (b) of these Regulations; and

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

Section 11 of the Act — Importation or Exportation

Marginal note:Interpretation — controlled deliveries

16 For the purposes of subsection 17(1) and section 18, cannabis requested of and obtained directly from a foreign state does not include cannabis 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, under the supervision of that state’s competent authorities.

Marginal note:State cannabis — importation or exportation

• 17 (1) A member of a police force or of the military police is exempt from the application of section 11 of the Act if the member engages in any activity referred to in that section involving cannabis that has been forfeited to Her Majesty, that is produced under the exemption provided for in section 19 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 to a member of a police force or of the military police, as the case may be, for a period not exceeding six months for the purposes of subsection (1) if the member

  • (a) is in active service;

  • (b) in the case of a member of a police force, is acting in the course of their responsibilities for the purposes of a particular investigation in which the RCMP participates; and

  • (c) in the case of a member of the military police, is acting in the course of their responsibilities for the purposes of

    • (i) a particular investigation in which the RCMP participates, or

    • (ii) a particular investigation other than one referred to in subparagraph (i).

Marginal note:Direction and control — importation or exportation

18 A person is exempt from the application of section 11 of the Act if the person engages in any activity referred to in that section that involves cannabis that has been forfeited to Her Majesty, that is produced under the exemption provided for in section 19 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 or of the military police who meets the applicable conditions set out in paragraphs 17(2)(a) to (c) of these Regulations; and

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

Section 12 of the Act — Production

Marginal note:State cannabis — production

• 19 (1) Subject to section 8 of these Regulations, a member of a police force or of the military police is exempt from the application of section 12 of the Act if the member engages in any activity referred to in that section involving cannabis that has been forfeited to Her Majesty or that is imported under the exemption provided for in section 17 of these Regulations, if the member has been issued a certificate.

• Marginal note:Conditions for issuing certificate

  (2) The appropriate 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 or of the military police, as the case may be, if the member

  • (a) is in active service; and

  • (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.

Marginal note:Direction and control — production

20 Subject to section 9 of these Regulations, a person is exempt from the application of section 12 of the Act if the person engages in any activity referred to in that section involving cannabis that has been forfeited to Her Majesty or that is imported under the exemption provided for in section 17 of these Regulations, if the person

• (a) acts under the direction and control of a member of a police force or of the military police who meets the conditions set out in paragraphs 19(2)(a) and (b) of these Regulations; and

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

Certificate

Marginal note:Information in certificate

21 A certificate issued under section 14, 17 or 19 must identify the member of the police force or of the military police to whom it is issued, the duration of the exemption and the particular investigation to which it relates.

Revocation of Certificate

Marginal note:Revocation

• 22 (1) A certificate issued under section 14, 17 or 19 to a member of a police force or of the military police is revoked on the earliest of

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

  • (b) the date on which the member is no longer in active service,

  • (c) the date on which the member is no longer acting in the course of their 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 is completed, or

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

• Marginal note:Notice

  (2) The appropriate officer must notify the member of the revocation on the day on which the certificate is revoked under paragraph (1)(a), (c) or (d).

Detention and Disposal of Forfeited Cannabis

Marginal note:Notice to Minister — cannabis required

• 23 (1) The chief or appropriate officer must, as soon as feasible but not later than 60 days after the day on which cannabis that has been forfeited to Her Majesty is no longer required for the preliminary inquiry, trial or other proceeding, under the Act or any other Act of Parliament, in respect of which it was seized, if the cannabis is required for the purposes of conducting investigations under the Act or any other Act of Parliament, inform the Minister in writing that the cannabis is required for those investigations.

• Marginal note:Secure location

  (2) Cannabis referred to in subsection (1) must 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 officer is exempt from the application of section 9 of the Act if they transfer any cannabis referred to in subsection (1) to another chief or another appropriate officer who requests the transfer for the purposes of a particular investigation.

• Marginal note:Notice to Minister — transfer

  (4) If a transfer is made under subsection (3), the chief or appropriate officer who

  • (a) makes the transfer of the cannabis must inform the Minister of the transfer, as soon as feasible after receipt of the request for the transfer; and

  • (b) receives the cannabis must inform the Minister of its receipt, as soon as feasible after the receipt.

• Marginal note:Directions — cannabis not required

  (5) If cannabis 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 officer must seek the directions of the Minister and dispose of or otherwise deal with the cannabis in accordance with the Minister’s directions.

• Marginal note:Disposal — cannabis not required

  (6) If cannabis that has been forfeited to Her Majesty is not required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate officer must, as soon as feasible,

  • (a) in writing seek directions from the Minister respecting the disposal of or otherwise dealing with the cannabis, unless the Minister has previously given such directions; and

  • (b) dispose of or otherwise deal with the cannabis in accordance with the Minister’s directions.

Marginal note:Notice to Minister

24 The chief or appropriate officer must, within 60 days after the day on which cannabis is disposed of or otherwise dealt with under section 105 of the Act, notify the Minister in writing to that effect.

Reports

Marginal note:Annual report

• 25 (1) The chief or appropriate officer must 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 referred to in subsection (4), in respect of cannabis that is imported or exported under the exemption provided for in section 17, cannabis that is produced under the exemption provided for in section 19 and cannabis that is referred to in section 23, that came into the possession of the police force or of the military police in the course of a particular investigation completed during the calendar year.

• Marginal note:Copy of report — police force other than RCMP

  (2) The chief or appropriate officer of a police force other than the RCMP must send a copy of the report to the provincial minister responsible for the police force.

• Marginal note:Copy of report — military police

  (3) The Canadian Forces Provost Marshal must send a copy of the report to the Minister of National Defence.

• Marginal note:Contents of report

  (4) The report must include the following information:

  • (a) the type of particular investigation in which the cannabis came into the possession of the police force or of the military police;

  • (b) the dates on which the particular investigation began and ended;

  • (c) the total quantity of cannabis that was forfeited to Her Majesty, imported, exported, produced or disposed of in the course of the particular investigation, as applicable; and

  • (d) if applicable, any other detail that is pertinent to describing the law enforcement activities undertaken by the police force or by the military police in the course of the particular investigation.

• Marginal note:Additional report

  (5) The chief or appropriate officer of a police force must submit to the Minister, on the Minister’s request, a report in written or electronic format respecting the cannabis as required for the following purposes:

  • (a) to ensure the protection of the public against potential public health risks caused by the cannabis, including the risk of it being diverted to an illicit market or activity;

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

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

  • (d) to monitor compliance with these Regulations.

Marginal note:Report — cannabis no longer in possession

• 26 (1) The chief or appropriate officer must submit to the Minister of Public Safety and Emergency Preparedness and to the Minister a report in written or electronic format containing the information referred to in subsection (4), respecting any cannabis referred to in section 23 that is lost, stolen or otherwise no longer in the possession of the police force or of the military police, as soon as feasible after such a situation occurs.

• Marginal note:Copy of report — police force other than RCMP

  (2) The chief or appropriate officer of a police force other than the RCMP must send a copy of the report to the provincial minister responsible for the police force.

• Marginal note:Copy of report — military police

  (3) The Canadian Forces Provost Marshal must send a copy of the report to the Minister of National Defence.

• Marginal note:Contents of report

  (4) The report must include the following information:

  • (a) the quantity of cannabis;

  • (b) the date of its forfeiture to Her Majesty or its importation, exportation or production, as applicable; and

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

Coming into Force

Marginal note:Subsection 204(1) of Act or registration

Footnote ^*27 These Regulations come into force on the day on which subsection 204(1) of the Cannabis Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force October 17, 2018, see SI/2018-52.]