Regulations Amending the Controlled Drugs and Substances Act (Police Enforcement) Regulations

Enabling Act(s)

Section 55(2) – Controlled Drugs and Substances Act (CDSA)


The proposed regulations would allow members of the military police to be exempted from criminal prosecution under the application of the Controlled Drugs and Substances Act (Police Enforcement) Regulations as it relates to possession of controlled drugs and substances listed under the CDSA when carrying out activities as part of investigations.

For the change to take place, a slight amendment in the regulatory text is required. It includes the addition of the military police to the list of Designated Police Forces and the insertion of military police in all sections mentioning a "member of a police force".

Potential impacts on Canadians, including businesses

No impacts have been identified.

The Regulations only apply to military police. This amendment does not apply to businesses, including small businesses.

No incremental costs for the Government of Canada or Canadian Armed Forces (CAF) are anticipated as a result of the implementation of this amendment.

Regulatory cooperation efforts (domestic and international)

This proposal is not related to any work plan or commitment under a formal regulatory cooperation forum.


In consultation with CAF Provost Marshall's office of the military police, it was determined that these exemptions are required to ensure military police investigative techniques used to enforce drug laws within its area of jurisdiction are not unduly restricted.

As this amendment would only impact the CAF military police, no external consultations were conducted, and a pre-publication comment period was not undertaken. The CAF military police have indicated support for this amendment.

Further information


Departmental contact information

Daniel Sansfaçon
Public Safety Canada
(819) 921-8623

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 2020

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