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The Controlled Drugs and Substances Act (Police Enforcement) Regulations were made by the Governor General in Council on April 22, 1997. The regulations are pursuant to subsection 55(2) of the Controlled Drugs and Substances Act and make certain provisions for police enforcement.
The definitions section outlines key terms such as "appropriate police officer," "chief," "particular investigation," "police force," "proceeding," and "provincial minister." These terms are essential in understanding the regulations.
Section 2 designates certain police forces, with the RCMP being one of them. Section 3 provides exemptions for members of police forces who engage or attempt to engage in conduct related to controlled substances. This section applies to members of police forces who have been issued a certificate and are acting under the direction and control of a senior officer.
Section 4 addresses the issue of holding out, which is exempting from sections 5 to 7.1 of the Act if the member is an active member of the police force and acts in the course of their responsibilities for the purposes of a particular investigation.
Sections 5 to 7.2 deal with exemptions for persons who engage or attempt to engage in conduct related to substances, including direction and control. Section 8 addresses state drugs, which are exempt from sections 5 to 7.1 of the Act if the member has been issued a certificate. Section 9 deals with offering to engage in conduct referred to in section 5 or 7 of the Act.
The regulations also include provisions for certificates, direction and control, revocation, notice, conspiracy, and other general exemptions. The regulations aim to provide certain exemptions for members of police forces who engage or attempt to engage in conduct related to controlled substances while acting under the direction and control of a senior officer.
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