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 / 10:30 a.m.
See context

Liberal

Jane Philpott Liberal Markham—Stouffville, ON

Madam Speaker, I thank the hon. member for his question and for his acknowledgement of the seriousness of this crisis.

When it comes to making decisions about supervised consumption sites, consultation with communities is absolutely essential. I hear from communities almost every day, people who are living in places like the Downtown Eastside in Vancouver and communities like Victoria. The member for Victoria is here today.

If members speak to people who go into these communities and speak to business owners, first responders, and law enforcement officials, they will hear their cries of desperation. These communities are saying that people are dying in their streets and that they need to find a way to save people's lives.

Of course the community has to be consulted. There will always be questions, and they are absolutely legitimate. What Bill C-37 allows is for the Minister of Health to be able to make a reasonable decision and to make sure that all the appropriate people are consulted. Communities are desperately crying out for these kinds of facilities to be available. We have deep, abundant scientific evidence that they save lives, and we have seen that in communities where they have been introduced, the public has in fact come to see that they are highly effective in allowing public safety and making sure that people are safely introduced to the public health system.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 10:15 a.m.
See context

Markham—Stouffville Ontario

Liberal

Jane Philpott LiberalMinister of Health

moved that Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to begin debate today on Bill C-37 to address a serious and pressing public health matter, to improve public safety, and to protect the health of Canadians.

I am eager to work with all the MPs to help advance this important bill, in particular with my new parliamentary secretary, the hon. member for Louis-Hébert.

This legislation is introduced in the context where Canada is facing a national public health crisis related to opioids, characterized by ever-increasing rates of harm, overdose, and death.

The opioid crisis raises many concerns, and the one we hear about perhaps most often is the rapid rise in the numbers of deaths from accidental overdose. Last year, in British Columbia alone, more than 900 people died from overdose. That is an 80% increase from 2015. The majority were linked to the swift spread of powerful drugs like fentanyl. Alas, the situation is getting worse. Last week it was reported that there were 20,000 overdoses in British Columbia alone. At a national level, deaths from overdoses are now more numerous than deaths caused by motor vehicle accidents.

Before I continue, I would like to extend my condolences to the families and friends who have lost a loved one. We share their grief. We are aware of the pressing need to turn the tide of this crisis as quickly as possible.

I would also comment at the outset that while the focus of the legislation is on immediate action to address the opioid crisis, we must bear in mind that lasting solutions require an understanding of the roots of the opioid crisis, which are messy, but not mysterious. It should be acknowledged, for example, that pain is a central theme at the heart of the drug crisis. Sometimes, problematic drug use begins with physical pain, but we must also admit that emotional pain is a factor in substance use. To fully resolve the opioid crisis we must address the multiple social drivers, including poverty, social isolation, childhood trauma, sexual abuse, and mental illness.

Addressing the roots of the crisis demands a whole of society response. It means calling out stigma and discrimination as barriers to accessing care. It means building a society where children receive tender attention and adults are not isolated and lonely. It means an international search for effective answers and being willing to discuss bold policy alternatives and the evidence associated with them. We must deal with this crisis comprehensively, collaboratively, and compassionately. We must assess what works and what does not work, and then we must do what works.

The crisis is moving eastward in Canada, with more drug seizures of fentanyl and carfentanil.

Canadians are increasingly aware that problematic substance abuse spares no one—people of all ages and from all socio-economic groups—and that it has devastating consequences on individuals, families, and communities.

In the past year, I have met with bereaved parents, people who use drugs, first responders, addiction specialists, mental health experts, indigenous leaders, health educators, and others to learn their perspective on the challenges we face. A complex, multi-dimensional social challenge of this nature demands timely, coordinated, and effective action.

Before I discuss the details of this proposed legislation, I would like to thank many members of this House who have been outspoken on the urgent need to respond together. I thank the member for Vancouver Kingsway for his support and advocacy on the issue, and especially for his calls to pass this legislation by unanimous consent.

I would also like to thank the Standing Committee on Health. Its members are actively working on this issue, and they made a series of recommendations that we reviewed carefully. We have acted on that. I look forward to responding formally to the committee report in due course.

There are many important components of this proposed legislation that would support communities and enhance public health and public safety when it comes to the use of drugs and substances. Bill C-37 would save lives. It needs to be passed without delay.

At this point, please permit me to outline some of the federal actions to date on the matter.

Early last year we made naloxone, the antidote to overdose, available without prescription. We arranged an expedited review of naloxone nasal spray and ensured an emergency supply for Canadians.

We granted an exemption to the Dr. Peter Centre in Vancouver to operate Canada's second supervised consumption site, along with an unprecedented four-year renewal of the exemption for Insite in Vancouver.

Last summer, we announced Health Canada's opioid action plan to improve education for the public and prescribers, to expand access to treatment, and to build the database.

In September, we overturned a ban on the use of prescription heroin, so that it is available to treat the most severe cases of addiction.

Our government has supported the good Samaritan overdose act to remove the fear of drug possession charges for individuals who call 911 when they witness an overdose.

We added regulations to schedule fentanyl precursors as controlled substances, making it harder for illicit substances to be manufactured in Canada.

In November, along with the Ontario Minister of Health, Eric Hoskins, I hosted a national conference and summit on opioids, which led to a joint statement of action to address the opioid crisis. That statement includes 128 separate commitments made by Health Canada, nine provincial or territorial health departments, and over 30 other organizations. In February we will provide Canadians with an update on the progress made so far regarding those commitments.

In work led by the Minister of Public Safety and Emergency Preparedness, the RCMP now has an agreement with China to combat the flow of illicit fentanyl.

Because this is a national crisis, we activated additional supports. In collaboration with the provinces and territories, we have established a special advisory committee on illicit opioids that includes the Council of Chief Medical Officers of Health to advance information among jurisdictions related to the opioid crisis.

We have built a task force within the federal health portfolio to work with other federal departments in a comprehensive response to the crisis. We funded McMaster University to produce new evidence-based guidelines for prescribing opioids for chronic pain. They are now available for consultation.

We funded the Canadian research initiative in substance misuse to provide evidence-based guidelines for medication-assisted treatment; and with the support of the Prime Minister, we identified new federal funding of $5 billion over the next 10 years to address mental health and addictions. We know that untreated mental illness is a common cause of addiction, and early intervention is key.

We introduced the new Canadian drugs and substances strategy, to reinstate harm reduction as a pillar in Canadian drug policy and return the lead for drug policy to the Minister of Health.

In December, I introduced Bill C-37, which proposes to amend the Controlled Drugs and Substances Act and other acts. This legislative framework is an important part of our comprehensive approach to drug policy. It aims to accomplish three important goals: one, to provide support for harm reduction, in particular the establishment of supervised consumption sites; two, to reduce the supply of illicit substances; and three, to reduce the risk of diversion of other legitimate controlled substances.

Evidence shows that, when properly established and maintained, supervised consumption sites in communities that want and need them will save lives and improve health without increasing drug use or crime rates.

Last year, I visited Insite in Vancouver to witness the important work it does to help vulnerable people and communities. I was moved by what I saw. Facilities like Insite promote health-seeking behaviour by introducing people who use drugs to the health system in a non-judgmental and non-stigmatizing manner. They have hygienic facilities and sterile equipment, and are supervised by qualified health professionals who provide advice on harm reduction and treatment options as well as prevention of overdose.

Under the Controlled Drugs and Substances Act, the Minister of Health has the ability to provide exemptions to allow supervised consumption sites, but the Respect for Communities Act from the previous government introduced unnecessarily onerous requirements that must be met by communities before the Minister of Health could even respond to the request for an exemption.

We have heard desperate cries for help from communities most affected by the opioid crisis. They have indicated that the current requirements are burdensome and hinder their ability to offer services needed to reduce harm and to save lives. Currently there are applications being reviewed by Health Canada from across the country from communities such as Vancouver, Toronto, and Montreal.

Proposed legislation would simplify and streamline the application process for communities that want and need to establish supervised consumption sites. It would replace the current 26 application criteria with the five factors outlined in the Supreme Court of Canada 2011 decision regarding Insite. In fact, the criteria in the proposed legislation are exactly those written in paragraph 153 of the Supreme Court decision.

A vital criterion that Bill C-37 retains is the requirement for community consultation. It would improve transparency by adding a requirement for decisions on applications to be made public, including reasons for denial.

To support these proposed changes, Health Canada would post new information online about what is required in applications, how to process works, and the status of applications.

To help keep opioids and other illicit substances off the street in Canada, we need to make sure that they are not easy to produce. To that end, the bill proposes to prohibit the unregistered importation of pill presses and encapsulators. This measure has been included in part because certain jurisdictions, such as British Columbia, have asked for it. While it is true that those devices do have legitimate uses, they can also be used to manufacture counterfeit drugs that contain dangerous substances, including fentanyl.

This legislation would also give Canada Border Services officers greater flexibility to inspect suspicious mail, no matter the size, that may contain goods that are prohibited, controlled, or regulated. Protecting the privacy of Canadians is of the utmost importance. The measure would only be for incoming international mail where the prevalence of illicit drugs is greater. In fact, just one standard size mail envelope can contain 30 grams of fentanyl, enough to cause 15,000 overdoses.

Lastly, the bill updates a number of provisions regarding compliance and enforcement of the Controlled Drugs and Substances Act in order to modernize that piece of legislation. These legislative measures allow over 600 licensed dealers to manufacture, purchase, sell, distribute, import, export, and transport controlled substances for legitimate purposes.

The proposed amendments will allow Health Canada inspectors to conduct inspections in a variety of situations, especially in any location where it is suspected that any activities involving controlled substances are taking place. These amendments will help prevent the diversion of controlled substances to the illegal market.

Bill C-37 supports our government's new Canadian drugs and substances strategy, which the Minister of Public Safety and Emergency Preparedness and I announced on December 12. In the past, federal drug strategies aimed to balance public health and public safety objectives through key pillars of prevention, treatment, enforcement, and at times, harm reduction; but in 2006, under the national anti-drug strategy of the previous government, the harm reduction pillar was removed. Our government will pursue an evidence-based approach to drug policy. Accordingly, this new strategy would formally reinstate harm reduction as a key pillar, in addition to prevention, treatment, and enforcement.

It should be noted that the reintroduction of harm reduction does not diminish the importance of the other pillars. In particular, we must not let up on our efforts for prevention and treatment. I will continue to encourage the expansion of access to a broad range of treatment options, which are essential to reducing the number of overdose deaths. In reframing problematic substance use as the public health issue that it is, it returns the lead to the Minister of Health from the Minister of Justice.

In conclusion, the opioid crisis has taken a toll on many communities across Canada. It requires swift action, as well as a more balanced approach to deal with problematic substance use. Our renewed evidence-based approach would allow the government to better protect Canadians, save lives, and address the root causes of this crisis. Canada needs this action now.

While our focus must be on the current crisis, we must also pursue a balanced approach over the long term to address the upstream causes of problematic substance use.

We will continue to work with our partners, including the provinces, territories, municipalities, and indigenous communities.

While we cannot end this crisis immediately, we can markedly reduce its impact and set ourselves on a path to health for all. Measures proposed in Bill C-37 aim to take swift action to address the opioid crisis. I call on hon. members of the House to support the passage of Bill C-37 without delay.

Political Party FinancingOral Questions

December 13th, 2016 / 3 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I am seeking unanimous consent for a very urgent motion. I think all members of the House know that the opioid crisis is a national health emergency taking the lives of Canadians on a daily basis.

Although it has taken a year, the government has tabled a bill that moves us in the right direction by, among other things, repealing the previous government's Bill C-2. The NDP believes there is a critical and irrefutable need to get this bill passed as soon as possible. It will save lives. Therefore, I am asking for unanimous consent for the following motion.

I move that, notwithstanding any Standing Order or usual practice of the House, Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts shall 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 in at report stage, and deemed read a third time and passed.

Controlled Drugs and Substances ActRoutine Proceedings

December 12th, 2016 / 3:10 p.m.
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Markham—Stouffville Ontario

Liberal

Jane Philpott LiberalMinister of Health

moved for leave to introduce Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts.

(Motions deemed adopted, bill read the first time and printed)