Respect for Communities Act

An Act to amend the Controlled Drugs and Substances Act

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Rona Ambrose  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Controlled Drugs and Substances Act to, among other things,
(a) create a separate exemption regime for activities involving the use of a controlled substance or precursor that is obtained in a manner not authorized under this Act;
(b) specify the purposes for which an exemption may be granted for those activities; and
(c) set out the information that must be submitted to the Minister of Health before the Minister may consider an application for an exemption in relation to a supervised consumption site.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 23, 2015 Passed That the Bill be now read a third time and do pass.
March 9, 2015 Passed That Bill C-2, An Act to amend the Controlled Drugs and Substances Act, be concurred in at report stage.
Feb. 26, 2015 Passed That, in relation to Bill C-2, An Act to amend the Controlled Drugs and Substances Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
June 19, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.
June 18, 2014 Passed That this question be now put.
June 17, 2014 Passed That, in relation to Bill C-2, An Act to amend the Controlled Drugs and Substances Act, not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Nov. 26, 2013 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this house decline to give second reading to Bill C-2, an Act to amend the Controlled Drugs and Substances Act, because it: ( a) fails to reflect the dual purposes of the Controlled Drugs and Substances Act (CDSA) to maintain and promote both public health and public safety; ( b) runs counter to the Supreme Court of Canada's decision in Canada v. PHS Community Services Society, which states that a Minister should generally grant an exemption when there is proof that a supervised injection site will decrease the risk of death and disease, and when there is little or no evidence that it will have a negative impact on public safety; ( c) establishes onerous requirements for applicants that will create unjustified barriers for the establishment of safe injection sites, which are proven to save lives and increase health outcomes; and ( d) further advances the Minister's political tactics to divide communities and use the issue of supervised injection sites for political gain, in place of respecting the advice and opinion of public health experts.”.

October 4th, 2016 / 10:10 a.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

I wanted to point out that the Liberals seem to be focusing on safe injection sites, and the truth is they are only putting resources into that. In the budget, there was no new money for treatment, prevention, or education. One of the frustrations I have is that in Oshawa, if an addict wants treatment, he has to wait. Sometimes he waits weeks and weeks. Then he relapses before he even gets the treatment. It would be easier for him to just go to a place and keep injecting and injecting.

I just don't think, unless you put the priority on treatment, that we're going in the right direction. It was interesting to see the minister's priorities. I think that treatment was number three. I liked it when the Canadian Centre on Substance Abuse said that treatment is number one, because this whole obsession with safe injection sites.... Bill C-2 doesn't stop safe injection sites. It lets people who have the right to know have some input. If the community doesn't support the injection site, then it's not going to be successful.

I want to get back to my question for Dr. Young.

Our government was moving in step with other people around the world. I know we received letters from United States governors and the White House asking us to look at this entire class of drugs and move them toward tamper-resistant or abuse-deterrent formulations. That was where we were going. This past June, Minister Philpott, at a Toronto drug policy conference, said there was strong anecdotal evidence that the introduction of a tamper-resistant form of OxyContin in Canada caused the current fentanyl crisis in Canada. I just wondered, is this true, or is this situation more nuanced and complex than that?

October 4th, 2016 / 10:05 a.m.
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Assistant Deputy Minister, Healthy Environments and Consumer Safety Branch, Department of Health

Hilary Geller

No, Bill C-2 contained a series of amendments to the Controlled Drugs and Substances Act.

October 4th, 2016 / 10:05 a.m.
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Liberal

Sonia Sidhu Liberal Brampton South, ON

Could you clarify something briefly? Under the previous government, was Bill C-2 regarding safe injections sites a stand-alone bill that can be amended?

October 4th, 2016 / 9:55 a.m.
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Assistant Deputy Minister, Healthy Environments and Consumer Safety Branch, Department of Health

Hilary Geller

Thank you for the question.

I think it's important to recall that before the amendments to the CDSA, the Controlled Drugs and Substances Act, known as Bill C-2—and Bill C-2 was not a stand-alone piece of legislation; It was a series of amendments to an act—

October 4th, 2016 / 9:55 a.m.
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Liberal

Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB

Thank you all for coming. This is something that's been near and dear to my heart. I practised emergency medicine for 20 years, much of it in the inner city of Winnipeg. We've seen many of these problems first-hand.

Ms. Geller, Mr. Davies was talking about Bill C-2 and some restrictions it placed on safe consumption sites. In your view, has this bill impeded your ability to monitor the crisis by slowing down the development of safe consumption sites in cities?

October 4th, 2016 / 9:50 a.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

So you're happy with the state of affairs in Bill C-2. Is that the position of your organization?

October 4th, 2016 / 9:50 a.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Okay, thank you.

We've talked about Bill C-2. Ms. Geller, you've crisply described the evidence. We know that safe consumption sites save lives. We also know, from every stakeholder in the country, that Bill C-2, which was passed by the previous government, establishes 26 separate, discrete requirements that every group I've talked to in the country says establishes unnecessary barriers to establishing safe consumption sites. It takes months. It takes hundreds of hours.

I've talked to Toronto's Board of Health. I've talked to the City of Montreal. I've talked to the City of Victoria. These are not fly-by-night operators that want to open safe consumption sites. These are municipalities and boards of health in our provinces telling us that safe consumption sites save lives and that this legislation puts up unnecessary barriers.

Ms. Geller, you said that your strategy is to explain the barriers to the groups, but these groups aren't telling me that they need the barriers explained to them. They're telling me that they need the barriers removed.

My question is actually for Ms. Notarandrea. Does your group support the repeal or the streamlining of Bill C-2 so we can get more safe consumption sites up and running and save lives?

HealthOral Questions

September 22nd, 2016 / 2:40 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, there is an overdose epidemic gripping our nation. This year alone, 2,000 Canadians are expected to die. Stakeholders are unanimous that opening supervised injection sites is one way we can start saving lives immediately, yet the government has refused to amend Conservative legislation that the former Liberal health critic said was designed to block new sites. Will the Liberals listen to the evidence and amend Bill C-2 so that we can take action and start saving Canadians' lives?

September 20th, 2016 / 10:30 a.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

I'm seeing all witnesses nod. Okay.

We had some mention made of supervised injection sites, and I think we're all starting to recognize that the opioid crisis requires a generalized suite of responses. There's no magic bullet, but it seems there's a bunch of separate things we can do that would help address the problem. I'm wondering if it would be the witnesses' suggestion that former Bill C-2 be repealed or at least amended to streamline the application process so that communities or municipalities that want to open supervised injection sites can do so much more quickly and without as much administrative bureaucracy.

Good Samaritan Drug Overdose ActPrivate Members' Business

June 3rd, 2016 / 1:45 p.m.
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NDP

Erin Weir NDP Regina—Lewvan, SK

Madam Speaker, we will be supporting the bill before us, which would provide an exemption from drug possession charges when someone calls 911 to report an overdose. It is a simple, common-sense, proven policy that will save lives. I thank the member for Coquitlam—Port Coquitlam for bringing the bill forward.

We know all too well how desperately our communities need action to end this crisis. As the member for Kamloops—Thompson—Cariboo mentioned, British Columbia's health officer has declared a public health emergency. This is the first time that such emergency powers have been used. The province took this step, because in the first three months of this year, there have been more than 200 deaths from overdoses of fentanyl. At that rate, we could see 700 to 800 British Columbians dead by the end of this year. We are talking about an opiate that is exponentially more powerful than morphine or heroin.

We have seen provincial task forces created and police alerts issued in major cities across Canada. We know that this problem will not go away on its own. Indeed, it could get much worse.

Recently, police in Edmonton seized a shipment of white powder from China before it could be prepared for street sale. Lab testing revealed it to be a substance called W-18, a synthetic opiate that is unimaginably deadly. It is 100 times more powerful than fentanyl, and 10,000 times more potent than morphine. To put that in perspective, the amount seized recently in Edmonton, four kilograms, according to public health officials, is enough to kill every person in Alberta 45 times over.

However, this drug is so new that it has not yet been included in the Controlled Drugs and Substances Act. Therefore, it is clear that in the face of such a complex crisis, many things need to be done, and done quickly. Bill C-224 is one essential step, and we must take it without delay.

One study cited by the Pivot Legal Society suggested that most people who witness an overdose do not call 911. Fear of arrest for drug possession is one barrier among many, but it is one that we have the power to lift.

This is a step that many jurisdictions have already taken. In the United States, New Mexico was the first to pass a good Samaritan law in 2007, and 31 states have followed suit. By all accounts, these laws have been successful in reducing the fear of police involvement as a barrier to calling emergency assistance during an overdose.

We need to do more, as well, to ensure that drugs that counteract opiate overdoses are more readily available where they are needed. Naloxone was delisted by Health Canada on March 22. This followed the unanimous recommendation of 130 community groups, health experts, and other groups. However, this still leaves it up to the provinces to ensure broader access.

In B.C., naloxone is now available without a prescription and is in the hands of almost all EMS personnel. In Alberta, more than 500 pharmacies are offering free kits without prescriptions. However, access is not as open in some other provinces, where it is still available only to trained responders, or through a doctor's prescription to friends and family of opiate users. Furthermore, cost and access in rural areas still present barriers to saving lives from overdoses.

There remains a federal role to play in encouraging access to easier forms of dosage, for instance, replacing an injection with a nasal spray. Of course, we must also do more to prevent overdoses by increasing awareness about fentanyl-laced street drugs and by reducing its availability by tackling illegal production.

On the former, I note, for example, the recent initiative by Toronto Public Health to create a simple website, ReportBadDrugsTO.ca, to allow fast, anonymous reports of tainted street drugs so that warnings can be spread immediately to opiate users through community agencies. On the latter, I note the recent introduction in the Senate of Bill S-225 by Senator Vernon White. This bill would add the ingredients of fentanyl to the schedule of controlled precursors in the Controlled Drugs and Substances Act.

Together with the provinces we must do more to control the use of highly addictive prescription opioids. These initiatives must be considered as elements of a broader response by all levels of government to a crisis that is overwhelming too many communities.

The bill deserves to be praised in the context of removing the ideological blinders of the previous Conservative government and instead adopting the evidence and public health based approach to drug policy for which New Democrats have long been proud advocates.

I salute here the work of Libby Davies, the former member for Vancouver East, who has been a powerful advocate for harm reduction, public health, and safer communities for many years.

If we are to make this long overdue paradigm shift real it will take much more from the government. We need to see the government's promise to repeal Bill C-2 honoured and to support supervised consumption sites. We need to see a review of criminal justice laws, including mandatory minimum sentences in the Controlled Drugs and Substances Act. That, as we saw in the Supreme Court just days ago, may not only be costly and ineffective but also unconstitutional.

I know I speak for many communities when I say that this is not an issue that we can afford to leave on the back burner. In communities across Canada, overdoses are an epidemic, and we need action now.

Just last week, the CBC printed an interview with a Winnipeg opiate user named Amanda. She reached out to reporters after a close friend died of an overdose. She said, “I've had 15 contacts on my phone and two of them die in three days. That's scary enough, that says it all.”

There are many things we can do to help Amanda and the thousands of Canadians struggling with addictions and to renew and strengthen the health and safety of the communities they call home. This is one step we can take now, and I believe we should do it without delay.

Good Samaritan Drug Overdose ActPrivate Members' Business

May 4th, 2016 / 7:55 p.m.
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Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

Mr. Speaker, I appreciate the question and I am certainly 100% in favour of continuing the work on harm reduction. Just last week I did a tour of InSite in the member's riding, and it was very informative. In passing, I should note that the staff and workers at InSite are also in support of the bill.

I am aware of Bill C-2. I think it does need a little work and I certainly would appreciate working with the member and other members to correct the problems.

Good Samaritan Drug Overdose ActPrivate Members' Business

May 4th, 2016 / 7:55 p.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I want to thank the member for Coquitlam—Port Coquitlam for bringing this bill to this House. I thank him also for his heartfelt comments. For all of us who are parents, we can only imagine the pain that a person goes through for a senseless loss, for something done by a youngster who is going through life. So often what youngsters do is experiment and in that process lose a life. I can imagine the pain and suffering a person can go through. Having to endure that is for something that my heart goes out to every single parent.

There is something monumental about the bill brought forward by the hon. member. It would change the course of things in that there would be an opportunity to save a life. That is the whole purpose behind this bill.

Substance misuse, as we know in Vancouver East, is the major issue in my community. There was a point in time in the early 1990s when there were 1,000 crosses planted in Oppenheimer Park. Each one of those crosses commemorated the loss of life, a brother, son, or daughter. We called for harm reduction initiatives and we fought for it. It took so long and we finally got the first North American supervised injection facility.

To that end, in terms of harm reduction, this is a continuum of that effort. I want to thank the member for bringing this forward. I want to ask him, what else we can do? How else can we work together, collaboratively, to extend the measures of harm reduction to ensure that we put evidence first to save lives?

Will the member also work with us to call on the government to repeal Bill C-2?

April 11th, 2016 / 4:15 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

We'll do our best. I want to get a couple of quick questions in on Bill C-2. I know I'm running out of time. I applaud your evidence-based decision on supervised consumption sites. I come from Vancouver and there's no question that they save lives, they help stop the spread of disease, they help encourage people seeking help and assistance, and, in fact, help them in getting off drugs.

But I am puzzled by the fact that despite your positive comments you have indicated quite clearly that you are not interested in repealing Bill C-2, which every stakeholder in the country who favours supervised consumption sites says presents unnecessary barriers to opening such sites. Twenty-seven different criteria in that bill make it very difficult to open those, which I think was the entire objective of the previous government in introducing it.

Can you tell us why your government wouldn't repeal that law if you truly believe that opening these sites saves lives and we need to actually make it easier for communities to get them, not harder?

HealthOral Questions

March 21st, 2016 / 2:50 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, there is a national epidemic of drug overdoses, and the Minister of Health has acknowledged that safe injection sites like Insite in Vancouver make sense and save lives. Public health officials in Toronto and cities across Canada are asking for federal help to open these desperately needed facilities. Yet, Liberals are refusing to repeal Conservative legislation that blocks communities from providing harm-reduction services.

Will the government stop stalling, make an evidence-based decision, and repeal the Conservatives' Bill C-2?

June 18th, 2015 / 4:20 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

I have the honour to inform the House that when the House did attend His Excellency the Governor General in the Senate Chamber, His Excellency was pleased to give, in Her Majesty's name, the royal assent to the following bills:

Bill C-247, An Act to expand the mandate of Service Canada in respect of the death of a Canadian citizen or Canadian resident—Chapter 15.

Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons)—Chapter 16.

Bill C-591, An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits)—Chapter 17.

Bill S-3, An Act to amend the Coastal Fisheries Protection Act—Chapter 18.

Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act—Chapter 19.

Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts—Chapter 20.

Bill C-46, An Act to amend the National Energy Board Act and the Canada Oil and Gas Operations Act—Chapter 21.

Bill C-2, An Act to amend the Controlled Drugs and Substances Act,—Chapter 22.

Bill C-26, An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts—Chapter 23.

Bill C-63, An Act to give effect to the Déline Final Self-Government Agreement and to make consequential and related amendments to other Acts—Chapter 24.

Bill C-66, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016—Chapter 25.

Bill C-67, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016—Chapter 26.

Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts—Chapter 27.

Bill C-555, An Act respecting the Marine Mammal Regulations (seal fishery observation licence)—Chapter 28.

Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts—Chapter 29.

Bill C-12, An Act to amend the Corrections and Conditional Release Act—Chapter 30.

Bill C-52, An Act to amend the Canada Transportation Act and the Railway Safety Act—Chapter 31.

Bill S-4, An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act—Chapter 32.

Bill S-2, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations—Chapter 33.