June 2015
As part of the Government of Canada's comprehensive approach to addressing illicit drug production, distribution and use, a series of amendments have been proposed to update the Controlled Drugs and Substances Act (CDSA), which originally came into force in 1997 as Canada’s federal drug control statute. Key features include:
New Temporary Scheduling Authority
The Minister of Health would be able to quickly address potentially dangerous new drugs, including new psychoactive substances that are increasingly being seen on the illicit market. Substances would be added to a new Schedule to the CDSA, which would prohibit their import, export, production and distribution for up to one year, with a possible extension for a second year. This process would be faster than the normal regulatory process and allow for a quick response to emerging drugs.
For example, new designer drugs such as synthetic cannabinoids, cathinones such as methylone and analogues of fentanyl are being found frequently on Canadian streets.
New Criminal Offences
The existing offence for the illegal possession, production or sale of anything (e.g. chemicals or equipment) intended to be used in the production of methamphetamine would be expanded to apply to things intended for use in the production of any controlled substance. The broader offence would provide law enforcement with a wider choice of charges to lay in situations when individuals are found with large volumes of drug production material and yet have no legitimate purpose for possessing those materials.
Streamlined Disposition Schemes
The current rules related to the handling and disposition of controlled substances, precursors and other property related to the commission of drug-related offences when they are seized by law enforcement officials are cumbersome and complex. Among other changes, the proposed amendments would introduce a new expedited process for the disposal of seized controlled substances, precursors and chemical offence-related property whose storage or handling pose a risk to health and safety. This new process would reduce the burden on courts, government agencies and law enforcement agencies.
For example, law enforcement could dispose of hazardous chemicals, contaminated lab equipment and drugs whose storage or handling poses a risk to health and safety without seeking a court order and would not be required to seek Health Canada authorization prior to disposal.
Improved Inspection Authorities
Currently, Health Canada inspectors are only able to inspect sites where authorized activities with controlled substances and precursors are taking place; they cannot inspect places that are not licensed such as ports of entry or where activities related to controlled substances or precursors are only suspected to be taking place. The proposed amendments would broaden the range of places Health Canada inspectors could go, thus ensuring that inspectors can more effectively carry out compliance promotion and verification.
For example, Health Canada would be able to inspect vehicles used to transport controlled substances and carry pre-license inspections.
New Administrative Monetary Penalties Scheme
The proposed amendments would provide the Minister with the authority to impose fines in instances of non-compliance without resorting to a criminal prosecution. This would improve Health Canada’s ability to encourage compliance and address non-compliance more quickly; since current measures such as warning letters are not always effective and harsher sanctions such as licence suspension are not always necessary. The maximum penalty for a violation would be $30,000 per day.
For example, regulated parties could be liable to pay fines in instances of non-compliance with security or record-keeping requirements.
Tamper Resistance
The authority to put in place a regulation that would require certain drugs at high risk of abuse to have tamper-resistant properties currently exists. However, the proposed amendments will provide broader authority to regulate in this area. As previously announced by the Minister of Health, Health Canada is also moving forward with regulations.
