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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Jane Philpott  Liberal

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) 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.

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

May 15, 2017 Passed Motion respecting Senate amendments to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
May 15, 2017 Failed Motion respecting Senate amendments to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (amendment)
May 15, 2017 Passed Time allocation for Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
Feb. 15, 2017 Passed That the Bill be now read a third time and do pass.
Feb. 14, 2017 Passed That Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Feb. 14, 2017 Passed That, in relation to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, not more than one sitting day shall be allotted to the consideration of the report stage of the said bill and not more than one sitting day shall be allotted to the consideration of the third reading stage of the said bill and, fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of each 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 report stage or the third reading stage, as the case may be, of the bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 1, 2017 Passed That the Bill be now read a second time and referred to the Standing Committee on Health.
Feb. 1, 2017 Passed That, in relation to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to 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.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 4:45 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, everyone in the House wants to do the right thing and recognizes that we have a real issue, especially my colleagues from British Columbia who are really at the coal face of this issue.

We just had a motion that would actually facilitate the vast majority of the bill going right through the system and up to the Senate. We do have some legitimate debate that can happen around community consultations. Perhaps what was in Bill C-2, the Respect for Communities Act, has now been completely gutted.

I know that communities can provide much wisdom. We thought having a methodical process around how communities engaged about a safe consumption was worthy of more debate.

How can the member justify taking the vast majority of the bill, on which we all agree is very important, and delay it? To be quite frank, this will perhaps create a number of weeks of additional delay.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 4:45 p.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, the people who created delays in ensuring that harm reduction initiatives were happening in our community and the supervised injection facilities were available as a provision of health measures in communities across the country were from the previous government. Even though the Supreme Court of Canada said “no” to the former government's approach, we still are fighting that fight.

The evidence of Insite is overwhelming. It saves lives. It prevents the spread of diseases. It actually reduces chaos in our community. What more do we need to demonstrate that it is an effective health measure?

We need to move forward with it. To suggest that somehow we can move this forward without including a supervised injection facility is simply not acceptable. We know it has proven to save lives. If we truly want to do that, then let us get on with it.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 4:45 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Nanaimo—Ladysmith, Transportation; the hon. member for Calgary Nose Hill, Immigration, Refugees, and Citizenship; and the hon. member for Kamloops—Thompson—Cariboo, Indigenous Affairs.

Resuming debate. The hon. member for Surrey Centre.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 4:45 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Mr. Speaker, I am 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 harms associated with problematic substance use in Canada.

One of the many important amendments proposed in the bill is to streamline the application process for communities seeking to establish supervised consumption sites. Supervised consumption sites are controlled hygienic settings where people can bring previously obtained drugs to use under the supervision of health care professionals and gain access to or information regarding other health and social services, including treatment. In other words, supervised consumption sites are a harm reduction measure and have been proven to be effective for communities where they are needed.

Our government, since the beginning of its mandate, has been very clear in its support for harm reduction measures. These measures have been proven to reduce the negative health and social impacts associated with problematic substance abuse.

Addiction is a complex issue. I also want to be clear with my fellow members in the House that addiction is a health issue and not a criminal one. Not every individual will respond positively to the same treatment and not every individual is even willing or able to enter treatment on any given day. Evidence demonstrates that individuals who are outside of treatment are at increased risk of major health and social harms, including overdose and death. This is why we must be pragmatic in our response and must let evidence guide us to effective solutions. Now, more than ever, as our country grapples with an ever-increasing opioid crisis, it is essential that evidence-based harm reduction measures be part of the government's comprehensive drug policy.

On December 12, the Minister of Health announced the new Canadian drugs and substances strategy, which restores harm reduction as a key pillar alongside prevention, treatment, and enforcement. Officially including harm reduction in Canada's new drug strategy was the first step. Putting that commitment into action to save lives is the next step.

The evidence available on the effectiveness of properly establishing and maintaining supervised consumption sites is indisputable. These sites save lives without having a negative impact on the surrounding community. Let me be clear. This commitment will save lives, including in my community.

Surrey and, more broadly, British Columbia face a health crisis. I take solace in how neighbourhoods, communities, cities, the province, and now the federal government have stepped up to respond. I often hear stories in my riding of how this drug has devastated lives and families, but for every one story I hear, I hear three more about how folks have stepped up and responded, whether it is local soup kitchens or the newly created Surrey RCMP Outreach Team, which, in the last two weeks, responded to over 55 overdoses. It is heartening to see how Canadians have come together to respond to this crisis, and this new drug strategy is the next step.

I should have mentioned earlier, Mr. Speaker, that I will be sharing my time with the member of Parliament for Victoria.

This legislation is widely viewed by public health experts as a barrier to establishing new supervised consumption sites in communities where they are wanted and needed to help prevent the spread of disease and countless overdose deaths. It is time for these barriers to be removed and I am proud that Bill C-37 proposes to do just that.

Bill C-37 would support the establishment of supervised consumption sites by assuring communities that their voices would be heard and that each application would be subject to a comprehensive review, while, at the same time, starting from a position that would recognize and acknowledge the compelling evidence that supervised consumption sites work.

In 2011, the Supreme Court of Canada considered this same evidence and concluded that where a "site will decrease the risk of death and disease, and there is little or no evidence that it will have a negative impact on public safety, the Minister should generally grant an exemption."

To guide the making of future decisions, the Supreme Court set out five factors that must be considered. These include: evidence, if any, on the impact of such a facility on crime rates; the local conditions indicating a need for such a site; the regulatory structure in place the support the facility; the resources available to support its maintenance; and expression of community support or opposition.

Bill C-37 respects the decision rendered by the highest court in Canada by proposing to replace the 26-point criteria currently in legislation with these five factors.

Reducing the number of criteria applicants would have to address would relieve the administrative burden on communities seeking to establish a supervised consumption site, but it would do so without compromising the health and safety of those operating the site, its clients, or the surrounding community.

To help applicants through the supervised consumption site application process, our government would post an application form and simplified guidance document online. The application would indicate the type of information that would support the five Supreme Court criteria and would reduce unnecessary burden on applicants.

With respect to other stakeholders, such as the municipal government and local police, their views would continue to be considered through the requirement for broad community consultation, thus removing the need to attain formal letters from these stakeholders.

The proposed amendments will also simply the information required to support an application. For example, applicants will no longer be required to submit evidence that supervised consumption sites are effective and have public health benefits. The evidence in this regard is clear. Instead, applicants will need to demonstrate the need for the site and the public health benefits of the proposed site for their local community.

Further, with respect to renewals, existing supervised consumption sites would not longer require application. Instead, a renewal would simply be requested by informing Health Canada of any changes to the information that was submitted as part of a site's last application. This proposal will ensure that the existing sites can focus on serving the needs of their community rather than filling out onerous application forms.

Beyond the criteria, the Respect for Communities Act also includes specific principles that the minister must consider when evaluating an application.

Bill C-37 proposes to remove these principles so that decisions on applications can be based on evidence. It will also increase transparency around the decision made on applications for supervised consumption sites.

If passed, the bill will require decisions on applications to be made public including, if applicable, the reasons for refusing an application.

Our government is committed to making objective, transparent, and evidence-based decisions on any future application to establish supervised consumption sites, and we are committed to making those decisions within a reasonable time frame.

I can assure the House that the review process would continue to be comprehensive, but it would no longer present unnecessary barriers.

These proposed changes will introduce flexibility into the application process so it can be adapted and updated over time to reflect new science and allow communities to respond more quickly to emerging health issues.

I hope all members of the House will support this important legislation so we can better support communities in their effort to address this serious public health issue.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 4:55 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, I rise on a point of order. Before we have a vote on shutting down debate on this very important bill, which I know will save lives, I want to give my parliamentary colleagues in the Liberal government, the NDP, and all members in this place another opportunity to reconsider their refusal to pass critical portions of the bill that can start saving lives today. I know my colleagues and all parties want to save lives. I know the Minister of Health, who is a physician, wants to do the right thing.

Therefore, I will repeat my earlier proposal and seek consent to adopt a motion that separates out the supervised injection site section of the bill. This proposal would also adopt, at all stages, the remaining parts of the bill. We are also willing to allow the supervised injection section of the bill to go to committee today.

I therefore ask for the unanimous consent of the House for the following motion: That Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts be divided into two bills: Bill C-37(A), an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts (supervised consumption sites) and Bill C-37(B), an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts; that Bill C-37(A) be composed of clause 26(6), new section 31(1.1); clause 26(7), revised section 31(8); clause 40(6), revised section 55(1)n; clause 40(14); clause 40(15); clause 41, and clause 42; that Bill C-37(B) be composed of all the remaining parts of Bill C-37; that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary; that the House order the printing of bills C-37(A) and C-37(B); and that Bill C-37(A) be placed on the Order Paper for consideration of the House at second reading and referral to the Standing Committee on Health; and Bill C-37(B) be deemed to have been read a second time and referred to committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred at report stage, and deemed read a third time and passed.

If we did this, we would be able to expedite the entire procedure of moving this forward. Now that my colleagues have had time to reconsider, I think we can get unanimous consent for this.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 5 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Does the hon. member have the unanimous consent of the House to move the motion?

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 5 p.m.
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Some hon. members

Agreed.

No.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 5 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, to contribute to this debate, I want to ask my colleague this. What I have just proposed in my amendment would mean exactly what he talked about in his speech. What the government is proposing is that we shut down debate and this whole bill will go to committee, and that will take time. What I am proposing is that we can work immediately on passing the parts of the bill that there is no conflict on and immediately send the supervised injection part of it to committees.

Therefore, if he really wants to start saving lives right away, this is the best way to do it. We are willing. We are very sincere. I do not understand why my colleagues on the Liberal side do not want to move this forward immediately. Could he explain to the House why he voted against this?

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 5 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Mr. Speaker, I voted against this because the member is dissecting a bill and having only one part of it sent to committee. We are asking for the whole part to be sent to committee.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 5 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

We'll pass the rest of it. We'll pass it right now.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 5 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Mr. Speaker, the whole part is essential, and that is the best way to deal with this bill.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 5 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Before I go to the next round of questions and comments, I want to remind hon. members that the way it work is a member asks a question and waits for an answer, not screaming or shouting across the floor while the answer is coming because one cannot really hear what the other is answering to the question. That just seems logical to me. I thought I would bring that up.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 5 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I was one of the individuals who said no because a great deal of effort and consultations has taken place with many different stakeholders, including provinces, municipalities, first responders, and many others, who recognized the value of this entire legislation. The member tried a second time to divide the bill. If he really wants to contribute to resolving this problem, he needs to recognize and recommend to his caucus that we pass the bill in its entirety. There will no doubt be an opportunity to vote on it. I hope the Conservative Party, collectively, will support the bill going to committee and somehow even allowing it to pass through committee and third reading.

The NDP has recognized the importance of the legislation. The Government of Canada has done its homework in presenting this entire bill. Would the member not agree with me that if the Conservatives recognize this as a crisis situation, as the NDP has, they would see the value in keeping the bill intact and passing it in a timely fashion?

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 5 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Mr. Speaker, I could not agree more with my colleague, the member for Winnipeg North. Had members of the opposite side been very sincere in their approach to have safe injection sites or substance sites, they would not have made it so onerous in the past.

Perhaps we would have been on the front line today in dealing with substance abuse. We would have had more of these centres opened up. We would have had first responders with better resources. Instead, we are, in 2017, working on something that should have been done in 2011. It should have been easier back then, so that we could have dealt with this last year in a much more effective manner.

Therefore, if the intent of those members is to actually work with the Supreme Court decision, work with first responders, and work with those who are affected by the devastating affects of this illicit drug, then they would not have done that, and they would expedite the smooth and safe passage of this bill through committee and on to second reading.

Second readingControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 5:05 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, the bill says that the minister has the final say on the injection site location and approval. If there is a conflict between the local municipality and the minister,whose authority will be followed?