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

Regulations are current to 2020-10-05 and last amended on 2018-10-17. Previous Versions

General Exemptions (continued)

Other Regulations (continued)

Marginal note:Other Regulations — direction and control

 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

  •  (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

 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

 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

  •  (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

 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

  •  (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

 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

 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

  •  (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

  •  (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.

 
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