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.