Subsection 56(1) class exemption in relation to urgent public health need sites in the provinces and territories

Definitions

Except as provided below, the terms used in this exemption have the same meaning as those provided in the Controlled Drugs and Substances Act (CDSA) and its regulations.

The following definitions apply to this exemption:

Client refers to an individual who is at the UPHNS to consume illegal substances, to have substances administered by another client and/or to receive other services;

Designated person refers to the person identified to the provincial or territorial Minister of Health and agreed upon by the provincial or territorial Minister of Health, as the person responsible for operations and staff members at the UPHNS;

Drug checking refers to a service where substances, which may be illegal substances, are tested at the UPHNS or offsite by a Health Canada laboratory, licensed dealer, section 56.1 exemption holder, or subsection 56(1) exemption holder, to determine their purity and/or content;

Health Canada laboratory refers to any analytical laboratory operated by Health Canada;

Illegal substance refers to a controlled substance or precursor that is obtained in a manner not authorized under the CDSA or its regulations;

Licensed dealer refers to the holder of a valid controlled substances dealer's licence issued under the Narcotic Control Regulations, the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations, and/or Part J of the Food and Drug Regulations;

Minister refers to the federal Minister of Mental Health and Addictions and Associate Minister of Health;

Section 56.1 exemption holder refers to the holder of a valid section 56.1 exemption authorizing activities, including drug checking, at a supervised consumption site;

Staff member refers to an individual employed by or under contract with a healthcare or community-based organization to work at the UPHNS, or an individual employed by or under contract with a courier service contracted by the provincial or territorial Minister of Health to transport samples to or from the UPHNS for the purpose of drug checking;

Subsection 56(1) exemption holder refers to the holder of a valid subsection 56(1) exemption authorizing drug checking activities involving illegal substances;

Urgent public health need (UPHN) refers to an urgent health need in a province or territory, specifically related to overdose deaths and risks associated with illegal substances; and

Urgent public health need site (UPHNS) refers to a location that is operating under agreement with the provincial or territorial Minister of Health, established to address the UPHN, and where clients can bring their own illegal substances for consumption.

Scope of the Exemption

Pursuant to subsection 56(1) of the CDSA, and in response to the overdose crisis affecting people who use drugs, the following classes of persons are hereby exempt from the following provisions of the CDSA and its regulations when engaging in certain activities involving illegal substances, as specified below:

• Designated persons and staff members: Exempt within the interior boundaries of the UPHNS, or when transporting illegal substances for the purposes of drug checking to or from a UPHNS and a Health Canada laboratory, a licensed dealer, a section 56.1 exemption holder or a subsection 56(1) exemption holder. These individuals are exempt from the following provisions if the activity is to fulfill their functions and duties in association with the operation of the UPHNS:
  1. subsections 4(1), 5(1), 5(2) and 7(1) of the CDSA, and
  2. subsections 6(1), 6(2) and 9(1) of the Precursor Control Regulations (PCR); and
• Clients: Exempt within the interior boundaries of the UPHNS for activities involving illegal substances intended for drug checking, disposal, assisting consumption or self-consumption. They are exempt from the following provisions:
  1. subsections 4(1), 5(1), 5(2) and 7(1) of the CDSA, and
  2. subsections 6(1), 6(2) and 57(1) of the PCR.

Terms and Conditions

The exemption applies only if the following conditions are met:

1. The provincial or territorial Minister of Health is responsible for the operation of each UPHNS to address the UPHN;
2. The provincial or territorial Minister of Health is responsible for ensuring that each UPHNS complies with applicable federal, provincial or territorial, and municipal laws to maintain public health and public safety;
3. The provincial or territorial Minister of Health is responsible for ensuring that policies and procedures are in place at each UPHNS regarding the possession, production, administration, transport, and transfer of illegal substances;
4. The provincial or territorial Minister of Health is responsible for ensuring that a designated person oversees the operations of each UPHNS;
5. The provincial or territorial Minister of Health is responsible for ensuring that staff members are informed and trained on their roles and responsibilities;
6. The provincial or territorial Minister of Health is responsible for ensuring that each UPHNS has policies and procedures in place to prevent unauthorized drug trafficking activities within the UPHNS and during transportation;
7. The provincial or territorial Minister of Health is responsible for ensuring that each UPHNS has policies or procedures in place for handling any unidentified substance that has been left behind by clients. These procedures must include notifying local law enforcement within 24 hours for proper disposal;
8. The provincial or territorial Minister of Health is responsible for ensuring that each UPHNS maintains community engagement, which may include outreach to organizations such as school boards, childcare providers, business associations and other local community groups. Any concerns raised must be documented, and appropriate mitigation strategies must be implemented;
9. In accordance with privacy laws, the provincial or territorial Minister of Health will provide the Minister access to relevant data collected regarding each UPHNS upon request;
10. The provincial or territorial Minister of Health will provide the Minister with a record of all UPHNS operating in the province within 5 days of a site opening, including:
    1. the name of the UPHNS,
    2. the location of the UPHNS,
    3. the services offered at the UPHNS, and
    4. the date the UPHNS became operational.
11. In accordance with any applicable privacy laws, the provincial or territorial Minister of Health will provide the Minister with a quarterly report to the Office of Controlled Substances summarizing, for their province or territory, the activities undertaken and clients served at each UPHNS, the impact of the services on the clients and the community and any other information related to the services offered. The report must be submitted by the 15th of the month following the end of the quarter to exemption@hc-sc.gc.ca for the following quarters:
    1. January 1 - March 31;
    2. April 1 - June 30;
    3. July 1 - September 30; and
    4. October 1 - December 31.

    The report should include, but is not limited to:

    1. the total number of visits and total number of consumption visits,
    2. the general demographics of the clients served (e.g., age, gender and race/ethnicity),
    3. the number of overdoses/drug emergencies (fatal, non-fatal, and requiring naloxone administration) at the UPHNS, and
    4. the number of drug checks performed at the UPHNS and the number of samples sent offsite for drug checking;
12. All records or other information required under this exemption must be maintained for the duration of the exemption and made available to Health Canada upon request;
13. The provincial or territorial Minister of Health must notify the Office of Controlled Substances within 24 hours in the event of a death related to activities involving illegal substances at a UPHNS;
14. The provincial or territorial Minister of Health must notify the Office of Controlled Substances within 48 hours should a UPHNS be closed permanently, or for longer than 24 hours;
15. Designated persons and staff members may only produce an illegal substance for the purposes of drug checking or disposal, as authorized under this exemption;
16. Designated persons and staff members may only transfer an illegal substance for the purposes of drug checking or disposal. The transfer cannot involve any exchanges for financial compensation, goods or services;
17. Designated persons and staff members may only transport and transfer an illegal substance to and from the UPHNS to a Health Canada laboratory, licensed dealer, section 56.1 exemption holder or subsection 56(1) exemption holder, for drug checking purposes;
18. Designated persons and staff members may only accept an illegal substance from a client, or from a Health Canada laboratory, a licensed dealer, a section 56.1 exemption holder or a subsection 56(1) exemption holder, for the purposes of drug checking;
19. Clients may only produce an illegal substance for the purposes of self-consumption, assisting consumption, or drug checking, as authorized under this exemption;
20. Clients may only transfer an illegal substance for the following purposes:
    1. assisting another client with the consumption of an illegal substance,
    2. drug checking or disposal by a designated person or staff member, or by a Health Canada laboratory, licensed dealer, section 56.1 exemption holder or subsection 56(1) exemption holder.

    Transfer cannot involve any exchanges for financial compensation, goods or services; and

21. Clients may only administer an illegal substance to assist another client with consumption. Administration cannot involve any exchanges for financial compensation, goods or services.

Duration

The exemption expires on the earliest of the following dates:

• the date on which this exemption is replaced by another exemption;
• the date on which the exemption is revoked; or
• September 30, 2026.

Aysha Mawani
Director General
Controlled Substances and Overdose Response Directorate, Health Canada
For and on behalf of the Minister of Mental Health and Addictions and Associate Minister of Health

Effective Date: February 28, 2025