309_2021 Information Management Systems (Digital Evidence Management System) Regulation B.C.

· last amended 2025-05-01

Contents
s. 1 — Definitions

In this regulation:

s. 1 — Act

Act means the Police Act;

s. 1 — DEMS

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

s. 1 — legacy system

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;

s. 1 — responsible person

responsible person means the following person:

s. 1(a)

in relation to the provincial police service, the commissioner;

s. 1(b)

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

s. 1(c)

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

s. 1 — use

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

s. 2 — Application

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

s. 3 — Requirement to use DEMS

A law enforcement service

s. 3(a)

must use DEMS on and after September 30, 2027, and

s. 3(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.

s. 4 — Alternative systems

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.

s. 5 — Exception for major cases

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

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