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.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:25 p.m.
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Conservative

Dianne Lynn Watts Conservative South Surrey—White Rock, BC

Mr. Speaker, I am pleased to speak to Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts. In essence, this is the government's response to the fentanyl and opioid health crisis facing this country.

I want to be clear that this health crisis is not just a B.C. issue. Many police raids have taken place in B.C., Alberta, and Saskatchewan. Over 20 fentanyl labs have been shut down across this country, and an entire fentanyl ring was successfully shut down in Montreal. However, I want to bring everyone's attention back to British Columbia, as it is ground zero and has been for quite some time, as communities struggle to deal with the fentanyl, carfentanil, and opioid issue. I want to talk about the impact, the government's response, and how we need to be addressing this growing issue.

I will first talk about some simple facts. It is well known that the chemicals and illicit drugs are manufactured in China. They can be ordered online and shipped overseas. There are thousands of illegal labs right across China. Pills and raw materials are shipped into Canada through our ports, our borders, and the mail.

Several thousand people have died across Canada. In B.C. alone, 914 people died last year. That is an 80% increase in deaths over 2015. In Vancouver, the increase was 60%; in Surrey, 42%; in Victoria, 267%; in Kelowna, 153%; and in Kamloops, 471%. This past December was the deadliest month of all, claiming the lives of 142.

Let us look at the response from the Liberal government. On December 12, just two days before the House rose for the Christmas break, this bill was introduced. In November of last year, the health minister refused to declare this a national health emergency, despite B.C. public health officer Dr. Perry Kendall declaring a public health emergency in April of last year, the recommendations from the House of Commons Standing Committee on Health, and yet another call from B.C. health minister Terry Lake, who said, “We haven't seen the response that I think this type of epidemic requires on a national scale”. Many MPs from all parties have requested the same, so we collectively, again, issue a call to declare a national public health emergency.

We need to raise awareness of this epidemic to the level it deserves. We need to embark upon a national educational awareness campaign to ensure that the general public, young adults, and students have the information and are informed. In fact, my youth council has requested that. There are ongoing fentanyl forums being undertaken in high schools, but there is still a perception that this is just a Downtown Eastside Vancouver issue and that consumption sites are the answer to this issue and need to be set up in every single community across the country.

Let us take a quick snapshot. A Delta mother of two lost both of her children within 20 minutes of each other. Both of those kids were 20 years old. Jordan died at 21. Ryan died at 23. Kelsea died at 24. David died at 21. Danny died in Edmonton at 25. Scott was 21. A young Abbotsford woman was in her mid-20s. Tyler died at 23 and had a four-year-old son. Hardy and Amelia, both in their 30s, leave behind a two-year-old son. They were celebrating moving into their new home. The list goes on.

This is where the complexities of this issue intersect. There is one strategy for those who are street-entrenched, who will inject and use consumption sites; there is another strategy for those who use pills and prescription drugs; and there is another strategy for those who are using recreationally and not realizing what they are taking. One size does not fit all.

I would argue that to assume that multiple consumption sites in every community would fix this health epidemic is short-sighted. This is a piece of a multifaceted response. We need to use some critical thinking around this issue. Our first responders and medical personnel are getting burnt out trying to respond to the overdoses and deaths. The federal government must assist those on the front lines who are dealing with this crisis on a daily basis.

For the first time, a pilot project is being undertaken that will test the street drugs that are being brought into the consumption site in Vancouver. I was thrilled at the proposition that the people who are suffering from addiction would now be advised as to what they are injecting and the potential outcomes.

Does this model fit all users? It does not. Therefore, let us explore these sides of the equation: treatment, mental health, dual diagnosis, and opioid substitution.

Methadone was once the answer for those addicted to heroin, back in 1996. Obviously, we can see that program is not working. Many communities have stand-alone methadone dispensaries, where prescriptions are bought and sold on the street and where individuals would trade their methadone for other drugs. This was the answer to the opioid addiction in 1996. Perhaps we need to re-evaluate that program or redirect some of that funding into other programs.

What are our needs? We do need treatment, and not just detox and 30-day programs. Rather, we need wraparound services. We need to care for the whole person, with mental health support as well as physical dependency and addiction support. This is a multi-faceted approach to a very complex problem, and it is a long-term solution. The holistic approach includes treatment beds and therapeutic communities, a place for those who want support, because the window of opportunity in an addict's life is fleeting. The response must be immediate and the resources must be available. This is not new information, but it is expensive and costly, and it is easier to focus on short-term solutions.

There has been a long-standing call for law enforcement to interrupt the flow of fentanyl and carfentanil in China. The response by the Liberals in Bill C-37 would allow border services the power to open packages weighing less than 30 grams, prohibition for the unregistered pill presses, and the illegal importation of precursors. We fully support those initiatives. However, as the Prime Minister moves forward with his trade negotiations with China and his extradition agreements, I would suggest that a topic of exporting fentanyl powder and pills be top of mind and that he undertake wholesome and meaningful discussions on the deadly effects that the exportation of this product has on the people of Canada and their loved ones.

This is a national health emergency, and those who have lost loved ones most certainly need to know that all three levels of government, the community, law enforcement, and first responders collectively care enough to do the right thing.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:30 p.m.
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Liberal

Deb Schulte Liberal King—Vaughan, ON

Mr. Speaker, I listened with great interest to the previous two speakers and heard them identify the complexity of this issue and wanting to move quickly on it. I am hoping that they both spent time listening to the minister this morning, because she very clearly identified how complex it is and the work that she and the government have already been doing with her partners, the health ministers of the provinces and territories.

My question is this. Can I have the member's acknowledgement that she will move quickly with us and approve all stages of this bill so we can expedite what needs to be done? Also, I heard this from the previous speaker but did not have a chance to ask a question. Perhaps the member can answer it. Why would the member challenge the work we want to do with Statistics Canada when in her very speech she spoke about the need for data? Obviously, this is a complex issue, and we need data-guiding, yet her party is challenging that piece of our legislation. Could the member respond to that?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:35 p.m.
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Conservative

Dianne Lynn Watts Conservative South Surrey—White Rock, BC

Mr. Speaker, I appreciate the question. I cannot answer or speak for another member of Parliament.

I will say, however, that the gathering of data nationally on the opioid issue is extraordinarily important because we do not know how many people are taking pills or injecting, what that data looks like, and how much fentanyl, carfentanil, or W series drugs there is. All of those things are components, as well as the coroners' reports.

I was here to listen to the minister this morning as she spoke very passionately, and I have a lot of respect for the work she has done. The treatment and issues around the mental health piece are so important. It always gets pushed to the side because it is easier for short-term solutions to come to the forefront. We cannot forget that side.

If we are ever going to get to the root causes, and if we are ever going to really effect change and make a difference in an addict's life, we have to have treatment available and we have to have options. We have to do all the things that we need to do so individuals get all the supports they need.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:35 p.m.
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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I know that the member for South Surrey—White Rock and I share a region that is living through an appalling crisis in deaths. This issue is something that has seized the population. Everyone knows somebody who has been affected by this. There have been almost 1,000 deaths in the past year alone, and yet the government did not seem willing to do anything more than drag its feet on something that is a public health crisis.

Does the member agree with us that what we need is an immediate move toward the declaring of a public health emergency? I think both of us agree that there needs to be an expansion in addiction treatment programs. They were cut back under the former Conservative government and have not really been restored under the new Liberal government. Canadians are crying out for them to be in place so the communities can have those kinds of supports.

Finally, there was a question just a moment ago as to whether or not the Conservatives would facilitate the passage of Bill C-37, and I did not hear the member answer that. I would be very interested in hearing her response to that.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:35 p.m.
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Conservative

Dianne Lynn Watts Conservative South Surrey—White Rock, BC

Mr. Speaker, most certainly, I support many of the members of Parliament who have come out and said that this is a national public health emergency. It needs to be elevated to really give communities the assistance they require, our first responders, as well as the awareness and the education so that people have the correct information.

I have always been a proponent of treatment of mental health and addictions. For many years I have been working and supporting detox facilities, a continuum of care, addiction precincts, and all of those things. I go back to critical thinking.

I have no particular issue with this bill, except for one. I think there are a lot of good things, but to not have communities engaged is really problematic when we look at consumption sites. I have been involved in consumption sites before, and in some areas they will work, and in other areas, different communities, it is a different strategy. There is not one fit for all.

There has be a process and engagement from the community, law enforcement, the health community, and the federal and provincial health ministers. All of those people need to be brought to the table to see if this is an effective piece that is going to work. It may be a component in that community, or it may not be. It depends on how that data is looked at, and how many people would use those consumption sites.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:40 p.m.
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Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Mr. Speaker, I will be splitting my time with the member for Pitt Meadows—Maple Ridge.

We can, and should, treat drug use and abuse as a health issue and not as a crime. Our government has committed to a sensible and evidence-based approach to drug policy; that approach is emphasized by the recent task force report on cannabis regulation, and it is emphasized by our health minister's actions. Those include restoring harm reduction as a key pillar of Canada's drug strategy, permitting physicians to prescribe heroin to severe drug addicts, and introducing Bill C-37, effectively repealing the previous Conservative government's attack on evidence and supervised consumption sites.

The story of that attack and how we have ultimately come to Bill C-37 begins with Insite and the former Conservative health minister's refusal to renew its exemption from the Controlled Drugs and Substances Act.

Insite is a supervised injection clinic in Vancouver. It is North America's first government-sanctioned such facility, having receiving a conditional exemption in September 2003. Since that time, it has been open seven days a week; users are provided with clean injection equipment to use; they are monitored by staff during injection; health professionals provide treatment and support in the event of overdoses; and users are provided with health care information, counselling, and referrals to health authorities and service providers.

In the fall of 2007, a detox centre opened above Insite, named Onsite, to provide detox on demand. It is a drug-free environment, supported by addiction specialists, physicians, nurses, and peers.

Since opening, Insite has saved lives and improved health outcomes, with the support of local police as well as municipal and provincial governments.

The benefits of Insite and supervised injection facilities and the lack of any related negative impacts have been well documented in leading scientific journals, including The New England Journal of Medicine, The Lancet, and the British Medical Journal.

An expert advisory committee's report to the former Conservative health minister concluded that there was no evidence of increases in drug-related loitering, drug dealing, or petty crime around Insite; there was no evidence that Insite increased the relapse rate among injection drug users; the police data showed no changes in rates of crime recorded in the area; and a cost-benefit analysis was favourable.

Despite all of this, that minister refused to grant a continued exemption and stated that Insite represents a failure of public policy.

Contrary to the claims of that Conservative minister, Insite did not represent a failure of public policy, but the Conservative minister's actions did represent a failure of decision-making in the public interest.

In fact, it was such a failure that the Supreme Court of Canada, in a unanimous nine to nothing decision in 2011, ordered the minister to grant an exemption to Insite and stated, as follows, at paragraph 133:

Insite saves lives. Its benefits have been proven. There has been no discernable negative impact on the public safety and health objectives of Canada during its eight years of operation. The effect of denying the services...to the population it serves is grossly disproportionate to any benefit that Canada might derive from presenting a uniform stance on the possession of narcotics.

At paragraph 153, the Supreme Court held that a minister must consider a number of factors in exercising discretion to grant an exemption from the CDSA, including:

...[one] evidence, if any, on the impact of such a facility on crime rates, [two] the local conditions indicating a need for such a supervised injection site, [three] the regulatory structure in place to support the facility, [four] the resources available to support its maintenance, and [five] expressions of community support or opposition.

Yet, in the face of that landmark decision, the previous Conservative administration remained wilfully blind to the evidence and continued to attack safe injection facilities.

With the introduction of then Bill C-2, the previous government ignored our Supreme Court and, in the words of the Canadian Nurses Association, created “unnecessary and excessive barriers to establishing supervised injection facilities”.

Bill C-37 would remove those unnecessary and excessive barriers. Bill C-37 would simplify the process of applying for an exemption from the CDSA for supervised consumption sites, as well as the process for subsequent exemptions.

Specifically, Bill C-37 would replace the excessive 26 criteria imposed by the Conservatives with the five factors I have reiterated, as set out by our Supreme Court. It would simplify documentation, it would require reasons for a minister's decision, and it would remove the moralizing principles regarding illicit substances.

Bill C-37 would save lives, and one need not condone drug use to want to save lives.

This is a good beginning to a modern drug policy, with public health and harm reduction front and centre.

In addressing the United Nations last year on April 20, our Minister of Health said:

I am proud to stand up for drug policy that is informed by solid scientific evidence and uses a lens of public health to maximize education and minimize harm.

That commitment to evidence is important, but it also demands that we go further. Fentanyl and illicit drug overdoses killed hundreds of Canadians in 2016. B.C. health officials and medical experts have called it a public health emergency. It is so serious that the B.C. government opened two new supervised consumption sites without waiting for federal approval. We need new solutions. The current approach, the so-called war on drugs of criminal sanctions and preaching abstinence, is not working.

In 2011, the Global Commission on Drug Policy called for an end to drug prohibition stating that government expenditures on futile supply reduction strategies and incarceration displace cost-effective and evidence-based instrument investments in demand and harm reduction.

That commission included former presidents and prime ministers of Brazil, Colombia, Greece, Mexico, and Switzerland, former UN Secretary-General Kofi Annan, and former Supreme Court of Canada judge and UN High Commissioner for Human Rights, Louise Arbour. Prohibition has failed to effectively curtail the supply or consumption of illicit drugs, and its unintended consequences can be devastating, creating a lucrative and violent black market and shifting resources from public health to law enforcement instead.

Those enforcement efforts only serve to divert problems to new geographic areas or to inadvertently promote the use of alternative and potentially less safe drugs, and the use of the criminal justice system marginalizes those who are already often at society's margins, diminishing the likelihood that they seek treatment.

Prohibition treats the very people we want to help, the victims, the users, the addicts, as criminals. Looking outside of Canada, we know there is a better path.

In 2001, Portugal decriminalized low-level possession and use of all drugs. Those caught with drugs are sent before dissuasion commissions, which include representatives from law, medicine, and social work. More than 80% of cases are dismissed without sanction, and the number of people arrested and sent to criminal courts declined by more than 60%. There has been no major increase in drug use. In fact, the level of drug use is below the European average. Adolescent and problematic drug use has decreased, and the number of deaths from drug overdoses has dropped significantly.

As Donna May, a woman who lost her daughter to overdose on August 21, 2012, said that we have to get ahead of this crisis and the fastest and most effective way of successfully accomplishing this may well be done by taking away the profit from the black market and dangerously produced counterfeit opioids by legalizing and regulating all substance use. She said that at the very least following the lead of other countries which have decriminalized drugs and substituted criminalization with a health protocol needs to be seriously considered.

I am not suggesting that I have all of the answers, but I am asking our government and this House to consider additional public health and harm reduction measures. I am asking us to work together to save lives.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:45 p.m.
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NDP

Tracey Ramsey NDP Essex, ON

Mr. Speaker, there is only one measure of success to be had in the opioid crisis and that is simply to have fewer people dying. That is the only measure, and what we are seeing is an increase month over month.

When the health committee conducted an emergency study into the opioid crisis, the very first recommendation that was made with all-party support was to declare opioid overdoses a national public health emergency. This would give the public health officer of Canada extraordinary powers immediately while Bill C-37 works its way through Parliament. This call was echoed by Dr. David Juurlink, who I believe lives near the member in his riding of Beaches—East York, the keynote speaker at the Minister of Health's own opioid summit, and now by B.C. health minister Terry Lake and stakeholders across Canada.

In the face of a mounting death toll, does the member for Beaches—East York agree that we should declare a national public health emergency so that we can start saving lives today?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:45 p.m.
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Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Mr. Speaker, I hope it is an acceptable answer to give in the House to say that I do not know. I have not reviewed the evidence that the health committee took seriously.

I can say our Minister of Health has indicated some concerns about usurping provincial authority, but at the end of the day, whatever saves lives is what we ought to do.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:50 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I know we have had quite a bit of occasion to discuss these issues and I am sure we will continue to do so. I will be giving a speech later on where I will outline more substantively my views on this.

I want to ask the member two specific questions. One is that there are many aspects of this legislation that all parties in fact agree with. There are some that we have, I think, well-grounded concerns about. Does my friend think there should be an openness on the part of the government to move forward quickly in separate form with the parts of the legislation on which there is a consensus and then have a separate debate on the sections on which there is not consensus? That would allow a more rapid response.

The other thing is I noticed he used the phrase, and I have heard others use the phrase, “supervised consumption site”, instead of “injection site”. I find it interesting when language is used which is perhaps if not inaccurate, less accurate, as part of a public debate, perhaps with the objective of creating a certain kind of impression.

If the member is in favour of more safe injection sites, which I gather he is, why not use the most clear terminology?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:50 p.m.
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Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Mr. Speaker, I do not need to see a consensus in the House to move forward with parts of the legislation provided those parts of the legislation are grounded in evidence. We ought to be guided in the House by evidence.

Supervised injection versus supervised consumption is simply this: where there are drugs that are causing overdose deaths that do not require injection but it would be better for those to be consumed on site under the guidance and supervision of health professionals quite apart from injections, those drugs should be consumed on site, and it is perfectly accurate to call those sites supervised consumption sites.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:50 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

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

If there is one issue on which I do not have a definite opinion, it is the legalization of simple possession, if nothing else, of all drugs in Canada. He talked about that in the media and again here in the House. This draws on what other countries are doing. As I said, if there is one issue on which I do not have a firm opinion, this is it.

Can the member tell us more about whether these measures will truly help reduce drug use, which is the ultimate goal that everyone in the House wants to achieve because we value health and we want our communities and our youth to be drug- and addiction-free?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:50 p.m.
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Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Mr. Speaker, I would say a few things in response to the member's question.

First, I pointed to evidence from Portugal, but there is evidence from other jurisdictions as well. We know the criminal sanction is not effective, specifically the criminal sanction with respect to use and small possession of drugs. It is not an effective sanction. People continue to use drugs, to abuse drugs. When we look at the international evidence, there is no substantial impact at reducing consumption or supply of drugs through the criminal sanction. What we know about the criminal sanction is that it means resources are put toward law enforcement that should go to health, so there is a displacement of resources as explained in the literature.

We also know that preaching abstinence crowds out our ability to educate about effective and responsible drug use and to encourage education. We saw it previously with the debate, and thankfully a debate where the evidence won, with respect to safe sex, and so too with the safe use of drugs. Preaching abstinence does not work, has not worked, and we need new solutions.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 12:50 p.m.
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Liberal

Dan Ruimy Liberal Pitt Meadows—Maple Ridge, BC

Mr. Speaker, it is always an honour to rise in the House to speak on behalf of the constituents of my riding of Pitt Meadows—Maple Ridge. Today, I rise to speak in support of Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts.

The bill is particularly important for my community and the communities in the greater Vancouver region that have been facing a crisis of such horrific and disturbing magnitude. To date, over 1,000 children, mothers, fathers, brothers, and sisters have died from the opioid crisis in our region. These are not numbers. These are people and victims of addiction, each with their own incredibly painful story.

In my riding we are facing a homelessness crisis. To live in the midst of a riding that is facing an unprecedented number of homeless and drug addicted members of the community, we know first-hand that these are folks who are battling serious mental illnesses with very few to no resources. In crafting the bill, we are doing so with an understanding that addiction is a health problem.

To quote the hon. Minister of Health, “Addiction is not a crime. Addiction is not a mark of moral failure. It is a health issue. For many, it is a mechanism to manage unbearable pain, an attempt to relieve suffering when life offers few alternatives”.

For too long we have not been paying attention to the closely tied relationship between drug addiction and mental health. Too many people in our communities are sick and our policies must begin to reflect this.

Protecting the health and safety of Canadians is a key priority for this government. That is why on December 12, 2016, the Minister of Health, with support from the Minister of Public Safety, took action to end this crisis and introduce policies that get serious about ending drug addiction in Canada.

The bill supports our government's goal of creating a comprehensive, collaborative, compassionate, and evidence-based approach to drug policy in Canada. It aims to balance the important objectives of protecting public health and maintaining public safety. Bill C-37 would better equip both health and law enforcement officials with the tools they need to reduce the harms associated with drug and substance use in Canada.

Specifically, the bill would improve the government's ability to support the establishment of supervised consumption sites as a key harm reduction measure; address the illegal supply, production, and distribution of drugs; and reduce the risk of controlled substances used for legitimate purposes being diverted to the illegal market by improving compliance and enforcement tools.

While all aspects of the bill are important, I would like to focus my remarks today on how the bill would modernize the Controlled Drugs and Substances Act to strengthen law enforcement and the government's ability to monitor, promote, and enforce compliance. This would reduce the risk of diversion of controlled substances that are used for legitimate purposes, such as prescription opioids, to the illegal market. This is a pressing concern as the diversion of controlled substances to the illicit market contributes to problematic substance use in Canada.

The Controlled Drugs and Substances Act came into force in 1997. While it has been amended over the years, it has not kept pace with the significant changes seen in the illicit controlled substances industry and the illicit drug market. In particular, the current troubling and growing rates of opioid overdoses and deaths highlight certain gaps and weaknesses within the existing legislation.

Bill C-37 would modernize compliance and enforcement powers by improving inspection authorities by bringing them in line with authorities in other federal legislation. Under the Controlled Drugs and Substances Act, Health Canada regulates more than 600 licensed dealers who manufacture, buy, sell, distribute, import, export, and transport controlled substances for legitimate purposes. At present, Health Canada's inspectors are only able to inspect sites where authorized activities with controlled substances and precursors are taking place.

This bill proposes to allow Health Canada inspectors to enter places where they believe, on reasonable grounds, that activities with controlled substances or precursors are taking place. For example, Health Canada would be able to inspect establishments whose licences to conduct activities with controlled substances have been suspended or revoked to verify that illegal activities are not taking place.

To be clear, the proposed inspection authorities would not allow inspectors to enter private dwellings without the consent of an occupant or a warrant. As always, should Health Canada inspectors believe that illicit activities with controlled substances are taking place, they would refer the case to law enforcement officers.

Bill C-37 would also improve compliance and enforcement under the Controlled Drugs and Substances Act by providing the Minister of Health the authority to compel regulated parties or persons importing a designated device to provide information regarding their activities. This authority could be used in only two circumstances: to verify compliance or prevent non-compliance with the act, or to address a risk to public health or public safety. Having access to timely information would alert the minister to potential diversion risks and improve the minister's ability to address a public health or safety threat. This authority is in line with other modern federal legislation, such as the Food and Drugs Act.

This bill also provides for an administrative monetary penalty scheme. Currently, Health Canada has limited options to address non-compliance within the Controlled Drugs and Substances Act. Health Canada can send a warning letter, which may not be effective at resolving a non-compliance situation, or suspend or revoke a licence. However, licence suspension or revocation is often considered to be a disproportionate penalty and may not always be appropriate or in the public interest. For example, revocation of a pharmaceutical company's licence could result in a shortage of critical drugs used in medical care.

Further, not all regulated parties are issued licences under the Controlled Drugs and Substances Act. For example, pharmacists, health care practitioners, and hospitals are subject to specific requirements set out in regulations under the act but are not licenced per se.

The introduction of an administrative monetary penalty scheme would offer Health Canada a greater range of tools to promote compliance with the act and its regulations. For example, regulated parties could be liable to pay a fine in cases where they do not follow the required security or record-keeping procedures. While exercising this authority will require regulations, the bill provides a legislative authority to introduce an administrative monetary penalty scheme.

Another aspect of this bill would introduce a new, expedited process for the disposal of seized controlled substances, precursors, and chemical offence-related property whose storage or handling poses a risk to health and safety. The current rules related to the handling and disposal of seized controlled substances, precursors, and other drug-related property are cumbersome and complex. Law enforcement agencies must seek a court order and approval from Health Canada before they dispose of these items, which takes time. This results in large quantities of controlled substances, potentially dangerous chemicals, and other offence-related property needing to be stored for longer periods of time. This poses a risk to public health and public safety. It is also costly, particularly for law enforcement.

The new process proposed in this bill would not require a court order for the disposal of controlled substances, nor for precursors and chemical offence-related property that pose a risk to health and safety. This would therefore reduce the burden on courts, government, and law enforcement agencies.

As members can see, this integrated approach puts evidence-based public health and public safety measures at the forefront of our drug policy here in Canada. Tackling this crisis will require commitment and innovation from all levels of government: federal, provincial, and municipal. We must work together in solidarity to put an end to this crisis that is tearing at our communities and taking lives.

I encourage all members of this House to put saving lives and securing our communities before ideology. I ask all members to support Bill C-37, to stand up for the best interests of our communities, and be part of ushering in a new era of evidence-based drug policy.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 1 p.m.
See context

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I note that my colleague is from British Columbia, which is at the coalface of this crisis.

Back in April, British Columbia called a public state of emergency. Quite stunningly, the member's colleague for Vancouver Centre just a few months ago said that the government was not acting because this happened in British Columbia, and that if this crisis had been in Ontario, it would have acted right away.

First of all, does my colleague agree with the member for Vancouver Centre? Second, can he justify that, when we came back to the House, with this legislation that he deems is going to be so critical, the first thing we were debating was Statistics Canada?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 1:05 p.m.
See context

Liberal

Dan Ruimy Liberal Pitt Meadows—Maple Ridge, BC

Mr. Speaker, first of all, I cannot comment on why another member of Parliament would make a comment or what their intention is.

However, we have a crisis in B.C. What has to stop is the pointing of fingers. We have worked very closely with the provincial government to help it to put together the programs that it needs to help it overcome the challenges it faces.

Again, it is so important that we are here today talking about this.