Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 64, No. 23

309/2021

The British Columbia Gazette,

Part II

November 30, 2021

B.C. Reg. 309/2021 , deposited November 29, 2021, under the POLICE ACT [section 74 (2)]. Order in Council 659/2021, approved and ordered November 29, 2021.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective January 1, 2022, the attached Information Management Systems (Digital Evidence Management System) Regulation is made.

— M. FARNWORTH, Minister of Public Safety and Solicitor General and Deputy Premier ; G. HEYMAN, Presiding Member of the Executive Council .

INFORMATION MANAGEMENT SYSTEMS (DIGITAL

EVIDENCE MANAGEMENT SYSTEM) REGULATION

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 the Schedule, must begin to phase in the use of DEMS by January 1, 2022.

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

Law enforcement service

Abbotsford Police Department

New Westminster Police Department

South Coast British Columbia Transportation

Authority Police Service

Vancouver Police Department

Victoria Police Department

Copyright © 2022: Queen's Printer, Victoria, British Columbia, Canada