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

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

Mr. Speaker, it is an honour to rise today 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 directly addresses the national public health crisis of opioid overdoses and provides measures to prevent increasing harm to Canadians and communities all across the country.

I would like to speak to the importance of two key components of the bill: first, streamlining the process of supervised consumption sites; and second, providing additional enforcement capacities to the Canadian Border Services Agency, which would help prevent illicit opioids from entering Canada through international routes and therefore reduce the risk of controlled substances entering the hands of Canadians.

These components of the bill are critical to Canada's fight against the opioid epidemic currently sweeping across Canada.

As we know, when the previous federal government decided it would not extend the legal exemption for Insite in Vancouver, advocates initiated a legal challenge, which reached the Supreme Court of Canada.

In 2011, the Supreme Court ruled that the health evidence in support of Insite was substantial and opened up the possibility of establishing additional facilities in Canada if there was an appropriate balance between achieving public health and public safety.

This balance was organized into five criteria: first, evidence, if any, on the impact of such a facility on crime rates; second, the local conditions indicating a need for such a supervised injection site; third, the regulatory structure in place to support the facility; fourth, the resources available to support its maintenance; and fifth, expressions of community support or opposition.

Simply put, the legislation removes the burdensome 26 application criteria put forward by the previous government. Instead, it uses the five factors outlined by the Supreme Court of Canada in its 2011 ruling on Insite in order to streamline the process.

It has been established that opioid addiction is typically chronic, lifelong, difficult to treat, and associated with high rates of morbidity and mortality. Our ultimate goal is to reduce, and ultimately help eliminate opioid addiction but we first have to stop people from dying. We know that supervised consumption sites work to do just that.

Just a few of the organizations that support supervised consumption sites are: the Canadian Medical Association, the Canadian Nurses Association, the Canadian Association of Nurses in HIV/AIDS Care, the Public Health Physicians of Canada, the Canadian Public Health Association, the Registered Nurses' Association of Ontario, and the Urban Public Health Network. Furthermore, international organizations, such as the World Health Organization and the Centers For Disease Control and Prevention, are in favour of harm reduction services.

As a member of the Standing Committee on Health, I had the honour of assisting with the swift passage of Bill C-37 through the committee stage. With the current health crisis across Canada, the rapid passage of the bill is imperative. Time is of the essence to help save lives, and as I previously mentioned, a key outcome of the legislation is that the length of time required to process applications for supervised consumption sites would be significantly reduced, while still providing the necessary balance between public health and public safety.

Many witnesses throughout the Standing Committee of Health's study on the opioid crisis stated that there were significant barriers associated with the previous government's Respect for Communities Act and its 26 criteria. The act created an onerous application process for community groups wishing to apply for a supervised consumption site, as evidenced by the lack of applications that have been successful since the legislation was put in place.

For example, three supervised consumption sites were approved last month in Montreal under the previous government's legislation. Although their approval is positive, the time it took to process the application was quite long, as it was submitted in May 2015. That is 17 months the city of Montreal had to wait to assist their vulnerable citizens with opioid addictions. That is too long. I agree the important criteria must be met before supervised consumption sites are established within communities, but the application process must reflect the urgency of the situation. I believe Bill C-37 would do just that.

One significant statement made during the Standing Committee on Health's clause-by-clause on Bill C-37 was by the hon. member for Vancouver Kingsway. He stated, “On the first day that Insite opened, they reversed 15 overdoses”. That is a staggering number of people saved in one day.

By streamlining the application process, Bill C-37 would ensure applications would be approved in a timely fashion, paving the way to save more lives. For example, at Insite there have been over 4,922 overdose reversals, and not a single death has occurred at that facility. Supervised consumption sites save lives and help reduce the spread of HIV and other infectious diseases.

I was shocked to hear that in 2016 in B.C. alone, a total of 914 people died from an overdose, an 80% increase from the previous year. This alarming statistic shows that it is our responsibility as federal members of Parliament to act now.

Another key component of the legislation that I wish to speak to is how the bill addresses the illegal supply, production, and distribution of drugs. One of the key findings of the September 2016 report published by the RCMP regarding the current opioid crisis Canada faced was that China continued to be the pivotal source for illicit fentanyl and its analogues, precursors, other novel emerging opioids, and tableting equipment that supplied Canada-based traffickers.

Bill C-37 addresses this issue by proposing to give Canada's border services officers greater flexibility to inspect suspicious mail, no matter the size, that may contain goods that are prohibited, controlled, or regulated. The current legislation prohibits the CBSA from opening suspicious mail that weighs 30 grams or less. If the CBSA found such a package, it would have to seek the permission of the addressee, which would prove to be difficult. This gap in enforcement capacity is problematic as just one standard size mail envelope, 30 grams, can contain enough fentanyl to cause 15,000 overdoses.

Given the prevalence of illicit drugs found in international packages is greater than domestic mail, this measure would only be for international incoming mail. Our border agents need to be given the clearance to inspect these packages to help stem the flow of illicit drugs entering into Canada.

According to the same report by the RCMP, in May and June of 2016 the CBSA intercepted for the first time two separate shipments of carfentanil, which is estimated to be 100 times more potent and toxic than fentanyl and 10,000 times greater than morphine.

Therefore, we know there has been an increase in trafficking and it is our responsibility to equip the Canada Border Services Agency with the tools needed to stop it.

Bill C-37 would save lives, whether that would be by the seizure of a shipment of an illicit opioid by the CBSA or through the nurses at new supervised consumption sites, whose applications would be approved based on the new set of five criteria. This legislation is the next step in fighting the crisis we see across Canada, and I believe this bill is a step in the right direction to help Canadians today.

Many Canadians are one overdose away from becoming another tragic statistic in the ever-increasing Canadian epidemic of opioid addiction. This evidence-based legislation could not be more timely. With these rising fatalities, it is now more important to act. It is my hope that Bill C-37 will be granted the same swift movement through the Senate as it is being granted in the House of Commons. It would enable Canada to tackle this nationwide problem and help to ensure the safety of vulnerable Canadians. The faster it is enacted, the faster it will help save lives.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, I have a question because I know this is a multifaceted issue. There are many streams and it is a very complex. The member spoke about saving lives and said that the injection sites would do just that. I do not have any disagreement with that.

However, I have before me just a random snapshot of 12 kids who are dead. They were aged 21, 23, 24, three at 21. A Delta mother lost two of her children within 20 minutes of each other, both kids in their 20s. We are talking about deaths, overdoses and adolescents.

Could the member please tell me how Bill C-37 would address that issue for those adolescents who are taking pills and not using injection sites?

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

Mr. Speaker, the Government of Canada and Health Canada's action on opioid misuse does in fact address these problems, with improved public education and prescribing practices, a number of issues that will help to address this. Are these issues addressed in Bill C-37? No, they are not. Is Bill C-37 our only weapon in the fight against opioid misuse and overdose? No, it is not.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, this is fentanyl. They are all dead from fentanyl.

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

Mr. Speaker, to clarify, fentanyl is an opioid. However, the fact is that Health Canada has a strategy on opioid use, which is separate from Bill C-37. We are addressing that problem, and we are addressing a separate problem with Bill C-37.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, this crisis is affecting people, even in rural communities. It is not just an urban issue. I live in a region with high child poverty. Unfortunately, we are seeing children who are experimenting with drugs and they are ending up in urban centres. They need help.

When the health committee conducted an emergency study into the opioid crisis, the first recommendation it made, with all-party support, was to declare the opioid overdose a national public health emergency. This would give the public health officer of Canada extraordinary powers to act immediately, while the bill worked its way through Parliament. It has been echoed by provincial ministers across the country.

In the face of a mounting death toll, why will the government not declare a national public health emergency so we can start saving lives today in rural and urban communities, and for the sake of our children?

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

Mr. Speaker, that is an important question, one to which we gave some thought.

We have responded to every request the provinces have raised with our government in this crisis and we have worked with them. If there were a public emergency under the Emergencies Act, the chief public health officer would not have any new or special powers to address this. Therefore, we thought this was a tool of last resort and with this bill, we would be equipping our health agencies with the proper tools with which to fight this crisis.

[Len Webber, Conservative, Calgary Confederation, AB]

Mr. Speaker, it is a pleasure to serve with the hon. member on the health committee. As an MD, he certainly has a lot of great input into our discussions.

During the member's speech, he indicated that China was a main source of illicit opioids coming into our country, fentanyl and carfentanyl. In fact, 98% of illicit drugs and illicit opioids, and fentanyl, comes from China. This is what was indicated to us by the RCMP during our committee hearings.

Our Conservative caucus put a motion on the table during the discussion. We wanted to have the Chinese ambassador come to our committee to discuss what the Chinese government was doing, but the Liberal government turned down our motion.

Why would the government be more concerned about being friends with the Chinese government than stopping the flow of deadly drugs on Canadian streets?

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

Mr. Speaker, I echo the hon. member's statement. It is a pleasure to work with him on the health committee. His dedication to help the well-being of Canadians is unparalleled.

In regard to the request, the reason the health committee did not grant this request was that inviting the Chinese ambassador to address our committee on a matter of China's exporting, excise and criminal laws was completely outside the purview of the health committee.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, I am pleased to rise today 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 part of the Government of Canada's comprehensive approach to drug policy, one that strikes a balance between public health and public safety.

Last year in my province of British Columbia, over 900 people died of drug overdoses. This was an 80% increase from 2015 and we now know that the opioid fentanyl was disproportionately responsible for these deaths.

As the medical community has known for some time and as the general public is becoming increasingly aware, fentanyl is a difficult drug to combat. When used legitimately, it is a powerful pain suppressor which can help people who are suffering with acute and chronic ailments. However, when used inappropriately, incredibly small doses can be fatal.

What has become evident to my community is that illicit fentanyl has become both widely available and far too easy to obtain, so today I stand in the House not only for my riding of Cloverdale—Langley City or even as a British Columbian, but for all Canadians who have been or may be affected by the opioid crisis.

Central to the Government of Canada's efforts to help individuals and communities affected by the current drug emergency is the reintroduction of harm reduction as an integral part of our country's narcotics strategy. This bill includes changes to streamline the application process for new supervised consumption sites, which I believe is not simply a compassionate course of action but a responsible and evidence-based decision which has been proven to save lives.

This important public health initiative will be partnered with the recently announced Canadian drugs and substances strategy. This strategy is built on four pillars: prevention, treatment, harm reduction, and enforcement, which will be grounded in a strong evidence base to bring about a decrease in both the manufacture and consumption of illicit opioids and the tragic incidence of overdose deaths across our country.

This government knows that while we must address the public health perspective in dealing with the crisis at hand, we must also deal with the illicit drug supply issue. That is why Bill C-37 addresses problematic drug use from all sides and includes proposals to respond to controlled substances obtained through illicit sources.

Canada's drug control laws are centred on the Controlled Drugs and Substances Act, also known as the CDSA. This act serves the dual purpose of protecting public health and maintaining public safety.

The CDSA provides controls over drugs that can alter mental processes and that may result in harm to one's health and to society when misused. This is done by regulating the legitimate use of controlled substances and prohibiting unlawful activities, such as the import, export, and trafficking of controlled substances and precursors.

As I discussed earlier, problematic and illegal substance use coupled with an illicit drug supply that has become increasingly more dangerous has led to a spike in overdoses and deaths. This risk is especially pertinent to fentanyl given its extreme potency and difficulty to detect in other so-called recreational drugs. Our government is committed to protecting public health and safety by curbing production and trafficking of banned substances. Bill C-37 would amend the CDSA to provide the necessary tools to do so.

At the end of 2016, the Government of Canada added six fentanyl precursors to the list of controlled substances under the CDSA to help address the illegal production of fentanyl and related drugs. If passed, Bill C-37 would provide a wider array of effective tools to fight the illegal production and trafficking of all dangerous narcotics, including fentanyl and carfentanil.

In addition, many overdoses have come as a result of ingesting drugs that appear identical to legitimately produced pharmaceuticals. These drugs are made without adequate controls and often contain unpredictable amounts of high potency and potentially lethal substances, such as fentanyl and carfentanil.

Essential to making these illegal drugs are pill presses and encapsulator devices that allow illegal producers to turn out thousands of counterfeit pills or capsules in a very short time. This presents a significant risk to public health and safety.

That being said, pill presses and encapsulators are also used in legitimate manufacturing processes in the pharmaceutical, food, and consumer product industries. This is why a registration system is being proposed. This new requirement would impose minimal burden on legitimate manufacturers. Importers of pill presses and encapsulators would simply have to register with Health Canada prior to bringing these devices into this country. Importation of these devices without proof of registration would be prohibited and border officials could detain those arriving without proper registration.

Changes are also being proposed to help information sharing between Health Canada and the Canada Border Services Agency about the importation of pill presses and encapsulators, as well as with law enforcement agencies in the course of an investigation.

In addition to the registration of imported pill press and encapsulator equipment, Bill C-37 would broaden the scope of pre-production activities associated with the production of illegal drugs. Pre-production activities include buying and assembling the chemical ingredients or industrial equipment with the intention of using it to make illicit narcotics. The offences and punishments would be extended to capture equipment and chemicals not currently listed in the CDSA schedules.

Bill C-37's proposed amendments to the Customs Act would also allow border officials to open incoming international mail weighing 30 grams or less if there are grounds to suspect it contains goods which are prohibited, controlled, or regulated under another act of Parliament. This would allow border officials to open packages that are suspected to contain substances intended for use in the production of illicit drugs. It is in response to substantial evidence that illicit drugs, such as fentanyl, are being brought into Canada through the postal system. As was noted by a member previously, 30 grams may seem like a small amount, but it is equivalent to approximately 15,000 lethal doses of fentanyl.

The changes proposed in Bill C-37 are an important part of the government's multi-faceted plan to address the growing opioid crisis in Canada. The bill would provide law enforcement agencies with the tools they need to take early action against suspected drug production operations and to respond to the ever-changing illicit drug market.

At the end of 2016, news of over 10 overdose deaths in one night in British Columbia highlighted an already alarming and tragic situation, and the opioid crisis has not gone away since the beginning of the new year. Instead, it gets worse, as hard-working emergency responders and public health officials struggle to keep up with the increasing number of those afflicted. Unfortunately, I witness this challenge in my own riding of Cloverdale—Langley City, one of Canada's communities most affected by the opioid crisis. Sadly, my constituents are not alone in facing this issue.

As we in this House study legislation from day to day, we must often ask ourselves: What will be the direct result of this legislation, this action? With Bill C-37, we have an opportunity to pass legislation that would directly save lives. There is currently tremendous work being done to combat this issue, such as the RCMP's Surrey outreach team, which has been effective in addressing addiction and homelessness issues in the local community. This team responded to 55 overdoses in just two weeks and has continued saving lives in the city of Surrey. While the individual efforts of police detachments and public health officials have resulted in positive results at the local level, these front-line responders need federal assistance and a national framework to tackle the issue.

The sooner Bill C-37 becomes law in Canada, the sooner it can help those most afflicted by this ongoing public health emergency. I trust that all members of the House understand the importance of this bill and hope that they will support it.

I would like to close with a comment relating to an earlier speaker, who talked about needing to take a family approach to this crisis. I would like to remind all members that we have seen 900 deaths in B.C. in the last year. Those are 900 families affected by this tragic opioid crisis. It is only by working together across all parties that we will actually be able to make Canadians safe, focus on families, give them a safe and healthy upbringing, and deal with those who are facing crises in their lives.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, in Bill C-37, all language that articulated the process for public consultation has been removed. At the health committee, amendments were put forward to try to obtain letters of support or opposition within a two-kilometre radius of a site, which the Liberals voted against; to identify schools and day cares within a two-kilometre radius, which they voted against; a letter of support or opposition from the mayor and council, and the police chief, which they voted against; and a minimum of 40 days' consultation, a maximum of 90 days, which they voted against.

Could the member please tell me why the Liberals do not want any public consultation?

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, I would like to thank the member opposite for the work that she has done in Surrey and south of the Fraser in trying to provide protections for the community.

The member raises a good point, but the point of the bill is to deal with treatment measures that are effective. Being able to deal with safe consumption sites is absolutely pivotal in dealing with this crisis. We will have to talk to Canadians and neighbours but, ultimately, hopefully the bill will pass fairly quickly so that we can deal with the introduction of safe consumption sites into communities and to do it in a responsible manner with the communities to minimize the impacts, while also making sure that those who are in crisis have the opportunity to access those services.

[Lloyd Longfield, Liberal, Guelph, ON]

Mr. Speaker, I would like the member to build on his last comment in terms of what the medical community and law enforcement agencies think regarding the focus of Bill C-37 on harm reduction within communities and the need to provide not only safety for communities but also health care for individuals who need it.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, a pivotal part of this is the introduction of safe consumption sites, but there are so many other fronts to come at this public health crisis, which is why I am really proud to speak in support of Bill C-37. It would take a multi-faceted approach in dealing with this crisis. It would help communities across the country deal with the issue that we are facing.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, during the study of the opioid crisis, the health committee heard that improved access to mental health services would also support people who use drugs. In addition, the committee heard that access to mental health services for front-line workers is critical to ensure their wellness and continued ability to provide support to others. Given the critical importance of these services, why is the Liberal government using funding for mental health as leverage in its divide and conquer negotiations over the health transfer escalator?

We talk about mental health and we talk a lot about youth and children. In British Columbia, a lot of children end up on the street experimenting with drugs, and they end up getting into hard drugs. A lot of them have mental health issues. Right now, the highest risk residential care facility in Burnaby, British Columbia, the Maples facility, has a one-year waiting list. Youth cannot wait one year when they are high risk and need help. We know that they need urgent help.

Our call is to call this a national emergency and to get new emergency resources. However, we heard a member across the way say that they would not get that. What can be done immediately to help these children?