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 / 5:20 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I would also like to express my appreciation to the hon. member for his contributions on the health committee. It is truly a pleasure working with him and note his leadership not only on the opioid file but on other issues that have come before our committee.

I do want to take issue with one fact that he represented in his speech, which is that the Minister of Health is doing everything possible under the circumstances. He specifically mentioned that the federal Minister of Health has implemented every single request that has been made by a provincial minister of health, but that is demonstrably not true. The provinces and cities have requested a number of things from the federal government, including improved treatment options, setting up a national command centre, requesting daily Health Canada briefings, and declaring a national public welfare emergency. The minister of health from my province of British Columbia specifically asked for that declaration. We know that the federal health minister has thus far rejected that request, so she is not doing everything that could be done.

Does my hon. colleague know how many of the 38 recommendations from the health committee, which he sat on, including the very first one which was to declare a public health emergency, the government has implemented to date?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5:20 p.m.
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Liberal

John Oliver Liberal Oakville, ON

Madam Speaker, likewise, it is an honour to serve with the hon. member on the health committee. I do find that we work together quite collaboratively on these issues.

It is really important that we remember in the House as we are debating Bill C-37 that there are federal and provincial jurisdictions at work here. Many of the situations and cases that the hon. member mentioned are really provincial authority. We are in the middle of a health accord negotiation. There is $6 billion available for mental health and addictions for provinces from the federal government which would go a long way toward implementing the treatment programs and services that some of these people need.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5:20 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Before I recognize the next member on debate, I just want to advise him that unfortunately, I will have to cut the debate off, but he will be able to continue the next time the bill is before the House.

Resuming debate. The hon. member for Brampton East.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5:20 p.m.
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Liberal

Raj Grewal Liberal Brampton East, ON

Madam Speaker, before I present my thoughts on Bill C-37, I do want to say that I come from Brampton East, which has the second most diverse population in the entire country. We have five Sikh gurdwaras, four Hindu temples, four mosques, two churches, and we all live in great harmony. The events that happened in Quebec affected all of us across this country. A place of worship where people go to pray is no place for violence. We stand with our Muslim brothers and sisters and we pray for all of them that we recover united as Canadians.

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

The bill proposes important legislative changes that would help to support the new recently announced Canadian drugs and substances strategy, a comprehensive, collaborative, and compassionate strategy made up of the four key pillars of prevention, treatment, harm reduction, and enforcement, all of which are built on a strong foundation of evidence.

We are in the midst of a national public health crisis in Canada. In 2016, thousands of Canadians tragically died of accidental opioid overdoses, and more will die this year. Just last year in British Columbia alone, more than 900 people died from drug overdoses. That is an 80% increase from 2015. This is proof that the situation is getting worse. Deaths from overdoses will now be greater than deaths by car accidents. This tragic crisis continues to move eastward in Canada, with increasing drug seizures of fentanyl across our country.

As every member in this House knows, problematic substance use and addiction are serious public health issues. It seems that not a day goes by without seeing a story published in a Canadian newspaper about yet another overdose, another life lost, or another new dangerous drug on the streets. At the heart of these stories are everyday Canadians, their families, our communities.

Our government has taken action from day one. We are building on our five-point action plan to address opioid misuse. We have taken concrete steps, such as granting section 56 exemptions for the Dr. Peter Centre and extending the exemption for Insite for an additional four years. We made the overdose antidote more widely available in Canada. Last autumn, the Minister of Health co-hosted a conference and summit on opioids which resulted in 42 organizations bringing forward concrete proposals of their own. However, we must continue to respond to this tragedy in a way that is comprehensive, collaborative, and compassionate.

Bill C-37 would provide the government and law enforcement with the tools needed to support Canadian communities in addressing problematic substance use, including the opioid crisis.

With the dramatic increase in overdose deaths due to opioids occurring in Canada right now, it is crucial that the bill be passed swiftly.

Bill C-37 would demonstrate true support for communities grappling with the crisis by, among other things, removing unnecessary barriers to establishing supervised consumption sites. These barriers were put in place by the previous government in 2015.

When Bill C-37 passes, it will streamline the application process for supervised consumption sites by replacing the current 26 criteria set out in the Controlled Drugs and Substances Act to establish such a site with the requirement to submit evidence related to the five factors set out by the Supreme Court of Canada in its 2011 decision regarding Insite. These factors include: impact on crime rates; location conditions indicating need; a regulatory structure in place to support the facility; resources available to support its maintenance; and expressions of community support or opposition.

By reducing the number of criteria, the administrative burden on communities seeking to establish a supervised consumption site would be lessened. However, the health and safety of those operating these sites, their clients, and the surrounding community would not be compromised.

I want to take a moment to address the misunderstanding about these proposed amendments.

Some members of this House have contended that the views of a community would no longer be important in the assessment of an application to establish a supervised consumption site. Nothing could be further from the truth. The Supreme Court of Canada determined that the Minister of Health must consider expressions of community support or opposition when reviewing such applications.

Our government is respecting the Supreme Court of Canada's decision by proposing to include these factors in the legislation. The Government of Canada supports the need for community consultation in the application process for considering the establishment of supervised consumption sites. We understand and respect that communities may have valid concerns about a proposed site and that these concerns deserve to be heard and should be adequately addressed by applicants in their applications.

The proposed amendments would demonstrate that respect for communities is a multi-faceted issue. Yes, it means that the concerns of the community must be considered and addressed by the applicants; however, it also means that the federal government should not place any unnecessary barriers in the way of communities that want to establish a supervised consumption site as part of their local drug strategies.

Under Bill C-37, communities can be assured that their voices will be heard and that each application will be subject to a comprehensive review, yet it would do so without inevitably stalling the implementation of these life-saving programs in communities where they are wanted and needed. Just like any other regulated program, our government has a responsibility to the public.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The member will have two and a half minutes to finish his speech and five minutes for questions and comments the next time this bill is before the House.

It being 5:30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

Bill C-37—Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 3:25 p.m.
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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, an agreement has been reached between a majority of the representatives of the recognized parties under the provisions of Standing Order 78(2) with respect to the second reading stage of Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts.

Therefore, I move:

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 of the second reading stage of the said bill; and

That, fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the 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 stage of the bill then under consideration shall be put forthwith and successively without further debate or amendment.

Bill C-37—Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 3:25 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Bill C-37—Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 3:25 p.m.
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Some hon. members

Agreed.

No.

Bill C-37—Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 3:25 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

All those in favour of the motion will please say yea.

Bill C-37—Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 3:25 p.m.
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Some hon. members

Yea.

Bill C-37—Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 3:25 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

All those opposed will please say nay.

Bill C-37—Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 3:25 p.m.
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Some hon. members

Nay.

Bill C-37—Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 3:25 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #184

Controlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 4:10 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

I declare the motion carried.