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B.C. Reg. 309/2021
O.C. 659/2021
Deposited November 29, 2021
effective January 1, 2022
This consolidation is current to May 21, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time

Police Act

Information Management Systems
(Digital Evidence Management System) Regulation

[Last amended December 31, 2022 by B.C. Reg. 229/2022]

Contents
1Definitions
2Application
3Requirement to use DEMS
4Alternative systems
5Exception for major cases
Schedule

Definitions

1   In this regulation:

"Act" means the Police Act;

"DEMS" means the information management system approved by Ministerial Order 389/2021;

"legacy system", in relation to a law enforcement service, means a system other than DEMS that the law enforcement service uses to manage digital evidence immediately before January 1, 2022;

"responsible person" means the following person:

(a) in relation to the provincial police force, the commissioner;

(b) in relation to a municipal police department, its chief constable;

(c) in relation to any other law enforcement service, its chief officer;

"use" means to implement, use, maintain, repair and upgrade.

Application

2   This regulation applies for the purposes of section 68.1 (3) [requirement to use information management system] of the Act in relation to DEMS.

Requirement to use DEMS

3   A law enforcement service

(a) must use DEMS on and after September 30, 2027, and

(b) if specified in column 1 of the Schedule, must begin to phase in the use of DEMS by the date set out opposite in column 2.

[am. B.C. Reg. 229/2022, App. 4, s. 1.]

Alternative systems

4   A law enforcement service that uses a system other than DEMS or a legacy system to manage digital evidence on or after January 1, 2022 is immediately required to use DEMS.

Exception for major cases

5   Despite sections 3 and 4, a law enforcement service is not required to use DEMS in relation to a matter if the responsible person for the law enforcement service, or a person designated by that responsible person, determines, having regard to the director's standards, that the matter is a major case.

Schedule

[en. B.C. Reg. 229/2022, App. 4, s. 2.]

ItemColumn 1
Law enforcement service
Column 2
Date
1Abbotsford Police DepartmentJanuary 1, 2022
2New Westminster Police DepartmentJanuary 1, 2022
3South Coast British Columbia Transportation Authority Police Service Designated Policing UnitJanuary 1, 2023
4South Coast British Columbia Transportation Authority Police Service Designated Law Enforcement UnitJanuary 1, 2023
5Vancouver Police DepartmentJanuary 1, 2022
6Victoria Police DepartmentJanuary 1, 2022

[Provisions relevant to the enactment of this regulation: Police Act, R.S.B.C. 1996, c. 367, s. 74 (2) (v) and (x).]