Bill C-37 (Historical)

An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts

This enactment amends the Controlled Drugs and Substances Act to, among other things,
(a) simplify the process of applying for an exemption that would allow certain activities to take place at a supervised consumption site, as well as the process of applying for subsequent exemptions;
(b) prohibit the importation of designated devices — unless the importation is registered with the Minister of Health — as well as prescribed activities in relation to designated devices;
(c) expand the offence of possession, production, sale or importation of anything knowing that it will be used to produce or traffic in methamphetamine so that it applies to anything that is intended to be used to produce or traffic in any controlled substance;
(d) authorize the Minister to temporarily add to a schedule to that Act substances that the Minister has reasonable grounds to believe pose a significant risk to public health or safety, in order to control them;
(e) authorize the Minister to require a person who may conduct activities in relation to controlled substances, precursors or designated devices to provide the Minister with information or to take certain measures in respect of such activities;
(f) add an administrative monetary penalties scheme;
(g) streamline the disposition of seized, found or otherwise acquired controlled substances, precursors and chemical and non-chemical offence-related property;
(h) modernize inspection powers; and
(i) expand and amend certain regulation-making authorities, including in respect of the collection, use, retention, disclosure and disposal of information.
It makes related amendments to the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to repeal provisions that prevent customs officers from opening mail that weighs 30 grams or less.
It also makes other related amendments to the Criminal Code and the Seized Property Management Act.

Controlled Drugs and Substances Act

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Madam Speaker, I am very pleased to rise today to speak in support of Bill C-37, an act that would better equip both health and law enforcement officials to reduce the supply of illicit opioids and other drugs and to reduce the risk of diversion of controlled substances.

Bill C-37 confirms once again our government's continued commitment to ensuring that our legislative frameworks for public health and safety are modern and effective.

Bill C-37 is further evidence of our government's continued commitment to ensuring that our legislative frameworks related to public health and public safety are both modern and effective.

Protecting public health through efforts to prevent disease, prolong life, and promote health is a key priority for the government. The recently announced Canadian drugs and substances strategy and the proposed legislative changes to streamline the application process for supervised consumption sites are just two ways the Government of Canada is demonstrating this commitment to public health.

This new strategy is comprehensive, collaborative and compassionate. It is comprised of four key pillars: prevention, treatment, harm reduction and enforcement, which are built upon a strong foundation of evidence.

While the new strategy places an increased emphasis on public health, our government recognizes that effective drug policy must balance both public health and public safety.

Therefore, not only does Bill C-37 address harm reduction measures such as supervised injection sites, it also proposes new ways to deal with controlled substances that are obtained through illicit sources.

Therefore, not only does Bill C-37 address harm reduction measures such as supervised consumption sites, it also proposes new ways to deal with controlled substances that are obtained through illicit sources.

Bill C-37 would amend the Controlled Drugs and Substances Act, or the CDSA, Canada's drug control statute. The CDSA provides a framework to control substances that can alter mental processes and that may produce harm to health and to society when diverted or misused. It has the dual purpose of protecting public health and maintaining public safety.

We know that the use of illicit substances can increase the risk of harm to health. The CDSA maintains public safety by restricting the activities such as import, export and trafficking of controlled substances and precursors.

The Controlled Drugs and Substances Act has been in effect for two decades now and some of its regulations, enacted under previous legislation, have been in place much longer. While the CDSA serves us well in many areas, there has been a significant evolution in both the legitimate controlled substances and precursors industries as well as the illicit drug market.

The CDSA has been in force for two decades now, and some of its regulations have been in place for much longer, having first been enacted under old statutes. While the CDSA serves us well in many areas, there has been a significant evolution in both the legitimate controlled substance and precursor industries as well as the illicit drug market.

As we all know, problematic substance use is a serious public health issue. Our government is very concerned about the increasing rates of opioid-related overdose deaths occurring across Canada right now, and the devastating impact this crisis is having on individuals, families and communities at large, including in my own riding of Edmonton Centre. Opioid-related overdoses in British Columbia and Alberta have reached a crisis point and urgent action is needed to protect public health and safety, and disrupt illegal production and trafficking. It is becoming increasingly critical to ensure that the CDSA is modernized in order to better protect Canadians, their families, and the communities in which they live.

The Government of Canada is taking concrete action that will help address the current crisis and keep deadly drugs such as fentanyl and carfentanil out of Canadian communities. If the proposed amendments in Bill C-37 were adopted, they would further strengthen and modernize the tools available to the government to combat the illegal production and distribution of drugs and reduce the risk of controlled substances being diverted to the illegal market.

The Government of Canada is taking concrete actions that will help to address the ongoing crisis and keep deadly drugs like illicit fentanyl and carfentanil out of Canadian communities. If passed, these amendments will further strengthen and modernize the tools available to the government to combat the illegal production and distribution of drugs and reduce the risk of controlled substances being diverted to the illegal market.

One such action would prohibit the import of unregistered pill press and encapsulator devices.

Pill presses and encapsulators can be used legitimately to manufacture pharmaceuticals, food and consumer products as well. However, they may also be used to make illegal counterfeit drugs that look like legitimate pharmaceuticals. These counterfeit pills can contain dangerous substances such as fentanyl and W-18. Pill presses can produce thousands of illegal pills in a short period of time, which poses significant risks to the public health and safety of Canadians. Currently these devices can be legally imported into Canada without specific regulatory requirements.

Bill C-37 would require that every pill press and encapsulator imported into Canada be registered with Health Canada. This would serve as a tool to better equip law enforcement to reduce the supply of illicit opioids and other drugs in Canada. Proof of registration would have to be shown upon importation and unregistered devices could be detained by officials at the border. The devices captured under this provision are aligned with those for the import and sales that must be reported in the United States. A new schedule to the CDSA would be created, allowing additional devices to be controlled in the future to respond to changes in illicit drug production.

The proposed legislation would enable better information sharing about imports of pill presses and encapsulators with border officials and police forces during an investigation.

The proposed legislation will enable better information sharing about imports of pill presses and encapsulators with border officials and police forces in the course of an investigation.

Bill C-37 would also make amendments to expand the offences and punishments for pre-production activities of any controlled substance. Pre-production includes buying and assembling the chemical ingredients and industrial equipment that are intended to be used to make illicit drugs, but are not specifically listed in the CDSA schedules. These activities are not currently controlled under the CDSA unless the intent is to produce methamphetamine.

Members of the House may recall that concerns about the growing popularity of methamphetamine prompted private member's bill, Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy), in 2011. The passage of this bill made it illegal to possess, produce, sell, or import chemicals with the knowledge that they would be used to produce or traffic methamphetamine.

Given the growing opioid crisis and the evidence of illegal production of other drugs in Canada, including fentanyl, we must go further. The amendments proposed in Bill C-37 would extend the provisions that were added in 2011 so that penalties would apply to the illegal production, distribution, import, export, and transport of anything used to produce or traffic any controlled substance.

Given the growing opioid crisis and the evidence of illegal production of other drugs in Canada, including fentanyl, we must go further. The amendments proposed in Bill C-37 will extend the provisions that were added in 2011 so penalties will apply to the illegal production, distribution, import, export, and transport of anything used to produce or traffic any controlled substance.

The government recognizes the complex challenges faced by individuals who are involved in problematic substance use. We remain committed to working with our territorial and provincial partners to address the issues related to illegal drug use.

The government recognizes the complex challenges faced by individuals who are involved in problematic substance use. We remain committed to working with our territorial and provincial partners to address the issues related to illegal drug use.

Bill C-37 is one part of our government's response to Canada's growing opioid crisis. The legislative changes proposed in the bill will make the CDSA a more robust act and increase law enforcement's ability to take early action against suspected drug production operations, and better equip enforcement to respond to the evolution of the illicit drug market.

I encourage all members of this House to support this bill.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I hear what the member is saying and I agree there are some very important features in the bill. He talked about pill presses and encapsulators.

Back in April 2016, British Columbia declared a state of emergency over the fentanyl opioid crisis. Why is it taking until 2017 to take action when we have a state of emergency, with 900 people who have died in British Columbia? It will be almost a year later before the bill is passed. The member should be ashamed.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, Bill C-37 is part of a comprehensive strategy of the Government of Canada to address this opioid crisis.

The Minister of Health has been very clear in her meetings with territorial and provincial counterparts from coast to coast to coast that this is a crisis. We see it in Alberta as well. We take every life that has been lost due to this crisis seriously.

The changes in Bill C-37 are part of a comprehensive strategy. It is a whole-of-government approach. We take this issue seriously. We are moving as a government, and that is our commitment, to save the lives of Canadians.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I appreciate the member for Edmonton Centre supporting the bill brought forward by his government. However, I have a question for him.

Our party has a long-standing call for his minister, who has the powers under the Emergency Act, to declare this a public emergency. The member is aware, as I and my city are, of the crisis we are facing with deaths from opioid addiction.

Will the member support our call for a declaration of an emergency so the minister can demand more funds be made available, and to at least have temporary injection sites? More than 87 organizations in Edmonton are desperately calling for immediate action, not for waiting until the bill finally passes through the House and Senate.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, I respect my hon. colleague's question as we are both from the city of Edmonton.

Our government clearly understands the crisis that Canadians and marginalized populations are facing when it comes to the use of illicit substances. We are taking all action and all steps to make sure that our work not only in Bill C-37 but with our provincial counterparts is moving apace. We are looking at how to make sure we have controlled use substance sites in place where wraparound supports can be made available. That is the kind of federal, provincial, and territorial partnerships we see not only in this proposed legislation but in our approach as a government to address this very serious issue not only in the city of Edmonton but in all cities and communities across the country.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Mr. Speaker, the Standing Committee on Health conducted an emergency study of the opioid crisis. Of the 38 recommendations set out in the report, the very first recommendation, which has the support of all parties, calls on the government to declare the opioid overdose crisis a national public health emergency. However, the Minister of Health has refused to do so, despite the fact that experts, municipalities, and even provinces have been calling on her to do so.

If a national public health emergency were to be declared, funds would be allocated, which would make it possible to invest more in helping victims and to urgently approve the creation of safe injection sites.

How is it that, a year later, a public health emergency still has not been declared despite the fact that British Columbia has never before seen such a high rate of overdoses and deaths from overdoses? The problem is only getting worse. How many people have to die before Canada will say enough is enough, declare a national public health emergency, and do something to save lives?

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, I thank my hon. colleague for his question.

What is clear about this matter in Bill C-37 is that it is only one part of our comprehensive strategy to combat the use of illicit substances. In terms of the opioid crisis, the work of the Minister of Health with her provincial and territorial counterparts is clearly very important.

Bill C-37 provides us with other tools to prevent the production and trafficking of these illicit substances. It is important to note that we take very seriously the deaths caused by the use of illicit drugs. We have a comprehensive strategy. We will continue this fight to safeguard the lives of all Canadians.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I will be sharing my time with the member for South Surrey—White Rock.

I am rising to speak to Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts.

As we all know, addiction issues have been a challenge throughout the history of mankind. As noted by the Canadian Centre on Substance Abuse, addiction touches everyone. As of 2013, one in five Canadians, or six million people, met the criteria for substance use disorder, causing harm and heartache among families and communities throughout the country. Today, however, we are facing an unprecedented crisis: the casual or addictive use of drugs now includes a much higher risk of death.

I would note there were some questions in the previous exchange where the government talked about how it worked very hard with the provinces in terms of moving forward, but what the Liberals did not say is that they worked hard with the opposition.

There are many pieces of the bill that are very supportable and should move forward in a rapid and timely way, but the Liberals know very well that there is one component that we have a few concerns with, and I will articulate the reasons a little later. If the Liberals are talking about being concerned about this crisis, they should have proposed something that would allow us to immediately move forward with all the things we know we can agree on, and take a little bit more time for the conversation over the one piece that is giving us a bit of a challenge. This is a big concern.

The other big concern which people who are listening and watching need to be aware of is that on April 14, 2016, B.C. declared a public health emergency in response to this rise in drug overdoses and deaths. Now it is months later, at a time when pill presses and encapsulators, and border issues have been identified, but what did the government first talk about in its call for debate yesterday? It was a bill on Statistics Canada. It is absolutely shameful. The government had the opportunity to move forward on some important issues, but Statistics Canada was more important on our first day back. They presented a bill that the Liberals knew there were some challenges with instead of presenting something that we could all immediately support and move forward in a timely way. I think the Liberals should look at how they have dealt with this issue.

An emergency was declared in April, and it was recognized. Maybe it has not hit some of the other provinces, but it is interesting that it was a Liberal member, the member for Vancouver Centre, who said that if this crisis was happening in Ontario or Quebec, action would have been taken much sooner. That was said by a Liberal member, a family physician, who called out her own party on how it responded to this particular crisis. That is absolutely shameful.

The recent epidemic is characterized by an increasing proportion of death related to fentanyl, which is an illicit opioid substance. Back in 2012, fentanyl was seen in about 5% of the illicit drugs, and in 2016 it was seen in 60%. Fentanyl is dramatically increasing in use. In British Columbia in 2016, there were 914 deaths, with 142 in December alone.

Many might have read the Facebook page of the grandmother who was grieving for her young granddaughter saying that she just needed some help. She felt that maybe she could have dealt with her granddaughter who died a couple of days before Christmas.

In Kamloops, a community I represent, there were 40 deaths over the year. It typically had 10 deaths, steady over years and years, but in 2016, 40 people died in Kamloops from a drug overdose. With SARS, there were 40 deaths across Canada, and H1N1 had 400 deaths across Canada. I was on the health committee when H1N1 was happening. I remember that we had daily briefings from the chief public health officer of Canada. It was Dr. Butler-Jones at the time. He kept parliamentarians up to date every day on what was happening. That was for 400 deaths across Canada. We are talking about 900 deaths in British Columbia alone.

We do have in Bill C-37 a partial response to this crisis. As I indicated earlier, there are measures in the bill that are very supportable, such as the prohibition of designated devices, encapsulators, and adding to the schedule of substances reasonable grounds to represent health risks. There are more powers proposed for Canada Border Services Agency. We knew a year ago those were some of the things that could have been done to avert this crisis. The addition to broaden the prohibition and penalties to now apply to the possession, sale, importation, or transport of anything intended to be used is an important measure.

However, if the government had been concerned, it could have dealt with this many months ago instead of debating a bill about Statistics Canada. This is about people who are dying in British Columbia, and soon across the country.

I want to talk about the areas in which I have what I think are reasonable concerns. That is the part we need to be debating as parliamentarians. There is one area where there is a bit of a difference of opinion and it has to do with the process that should be in place for what they call safe consumption sites, or what are more commonly known by the public as injection sites, to move forward. That is a reasonable discussion.

Our Conservative government brought in the Respect for Communities Act. Certainly, there are some people who felt it made it too difficult, but it is a valid place for us to talk about what that should look like. We originally had 26 criteria that were to be addressed when people applied for a safe injection site. This bill changes it from 26 criteria to five factors. That is a little vague.

When I talked to the minister at committee, I tried to go through the 26 criteria. I asked her what objection she had to them, but I really did not get an answer. None of them said they were really concerned about any one piece, “I don't think the RCMP should be able to have a say”, or “I don't think municipal council should have a say”. Those are the criteria that are in place. What is being proposed now is a few factors.

The other thing the government has done is there were six principles that should be part of the thinking around whether the minister would approve a site or not. These principles have been totally removed and there are no principles left. Those are principles that recognize the issue of crime profits or criminal activity that is supported with illicit substances. We have gone from 26 criteria to five and there are no other checks and balances.

Using Kamloops as an example, the mayor and council voted unanimously to support a safe injection site. They have talked to the RCMP. They are having a consultation process under former Bill C-2, which is now the Respect for Communities Act. That process allows the mayor and council to have input. They supported the safe injection site. I am not sure how they would feel if they were told they would not even be talked to about it, that it was just going to happen. They can write a letter and say whether they like it or not. They endorsed it unanimously. Interior health will be looking at it. That is important. As we know, Ottawa has not endorsed it. Those are pieces of public consultation that the government is looking to replace with vague references to talking to the community, but it really does not matter because communities do not tend to like these things. Kamloops council voted 100% for it. Why does the government not trust the community process that is specific and methodical?

There are some good pieces in the bill. We should move forward on those important pieces immediately. We should have done it a year ago. We should have a reasoned and appropriate debate around the changes to the safe injection sites. However, there are some pieces that are missing when it comes to the government's response to the crisis.

My colleague from South Surrey—White Rock and I both have said to listen to British Columbia. Let us call a state of emergency to raise the elevation so that people know about what is happening, because it is happening in B.C. now, and it will be going across the country. Youth councils are saying that there should be a national education campaign. Moms and dads need to be having that conversation. They will not have the conversation if they do not know.

In conclusion, let us look at the pieces, move forward on those critical ones, then look at doing those additional recommendations.

[David Graham, Liberal, Laurentides—Labelle, QC]

Mr. Speaker, I listened to the speech from the member for Kamloops—Thompson—Cariboo with great interest. I heard her talk at length about the need to do this quickly. I agree with her. I wonder, if the member is so excited to get this done quickly, if she is willing to pass this through at all stages immediately.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I think I was very clear that there are pieces that should pass at all stages quickly. It is interesting. Kamloops looked at having a safe injection site. We went to the coroner to find out how many of the 40 deaths had been from the casual ingestion of pills and whether people would actually use a safe consumption site. That data is not available.

There are pieces of information that need to be part of making decisions. We have to be very thoughtful as we move forward on these measures. Let us move forward on some of the important pieces, but let us have a good debate and a good conversation about where we disagree.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I thank my colleague for her speech.

I have trouble understanding the Conservatives' stance on the fundamental issue of supervised injection sites. Do they support the establishment of more than one site, a site other than the one we already know in Vancouver?

When the Conservatives were in power, they passed a bill allowing the establishment of supervised injection sites, but it was clear that the unstated objective was to make it as difficult as possible to create and open new sites.

I have a hard time understanding their position today. My colleague talked about the benefits of supervised injection sites. I would therefore like to know whether the Conservatives are now in favour of opening and setting up additional supervised injection sites.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, we created Bill C-2. There are 26 criteria, which include things like the mayor and council having consultations, the chief of police knowing what is going on, and letting the community know. In Kamloops, I had someone come to me who would have really liked to have had some input in terms of Kamloops and the locations. Under even the current system, the comment period had already closed.

What I am saying is that the Liberals have gutted a lot of reasonable processes around community decision-making on consumption sites. Something that really needs a good conversation in this House is Bill C-2, the Respect for Communities Act, and those 26 criteria. Maybe one or two were overdone, but there were a whole bunch that were great, and the current government has gutted those.

[Tracey Ramsey, NDP, Essex, ON]

Mr. Speaker, I appreciate my colleague for her speech today on such a critical, important issue, certainly for her riding in B.C. but also across all of Canada. I can say that in my riding of Essex, in southwestern Ontario, we also see this impending crisis coming our way. People and families are very concerned, very worried. We are going to be holding a round table this month to address the issue to prevent possible deaths, to prevent addiction, and to provide all of the contacts and the outreach the member is talking about.

Would the member not agree that the best way to do this is to declare a national health crisis so that we can have the funding find its way down to these levels and have the education set from a national directive, as opposed to right now municipalities and provinces trying to patch together things to help those who are impacted by the crisis?

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I know my colleague from South Surrey—White Rock and I are on record as supporting the British Columbia minister in this call.

Again, I have to contrast the response to H1N1, where there was a massive, quickly activated national education program. There were regular briefings. There was a focused effort, in terms of a public health perspective, in dealing with that particular crisis. In this case, I am seeing delay and no sense of urgency.

As I noted before, we were talking about Stats Canada before talking about Bill C-37. The Liberals should look at what their priorities are in terms of dealing with what is a horrific crisis in Canada.

The House resumed consideration of the motion that Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, be read the second time and referred to a committee.