Order Fixing the Day on which this Order is made as the Day on which Certain Provisions of the Act Come into Force: SI/2018-46

Canada Gazette, Part II, Volume 152, Number 14

Registration

July 11, 2018

AN ACT TO AMEND THE CONTROLLED DRUGS AND SUBSTANCES ACT AND TO MAKE RELATED AMENDMENTS TO OTHER ACTS

Order Fixing the Day on which this Order is made as the Day on which Certain Provisions of the Act Come into Force

P.C. 2018-851 June 21, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 73(2) of An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, chapter 7 of the Statutes of Canada, 2017, fixes the day on which this Order is made as the day on which subsection 1(6), section 2, subsections 3(2) and 7(1), (3) and (5), sections 8 and 10 to 24, subsection 26(8), sections 29, 54, 58 and 59, subsection 60(1) and sections 61, 64 to 68 and 70 to 72 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order brings into force, on the day the Order is made, the following sections and subsections of An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, Chapter 7, Statutes of Canada, 2017: subsection 1(6), section 2, subsections 3(2) and 7(1), (3) and (5), section 8 and 10 to 24, subsection 26(8), sections 29, 54, 58 and 59, subsection 60(1) and sections 61, 64 to 68 and 70 to 72.

Objectives

The objective of this Order is to bring into force the new provisions in An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts that relate to the disposal of controlled substances, precursors and chemical and non-chemical offence-related property.

Background

The current requirements governing the management and disposal of controlled substances, precursors and chemical and non-chemical offence-related property involving drugs are cumbersome and complex. Therefore, the Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, which received royal assent on May 18, 2017, made amendments to these requirements.

These amendments did not come into force immediately as Health Canada had to first develop, in consultation with law enforcement agencies, a new process for the disposal of chemical and non-chemical offence-related property. Under the new process, for example, law enforcement will need to report, within 30 days of both the seizure and the disposal of seized property, but will not need pre-approval by Health Canada to dispose of the property, as previously required.

Implications

With the coming into force of these new provisions, the requirements governing the management and disposal of controlled substances, precursors and chemical and non-chemical offence-related property involving drugs will be simplified and result in more timely reporting of seizures and disposals and promote quicker and more effective disposal, especially when property that is seized, found or acquired by other means poses a risk to health or safety.

The new process strikes an adequate balance between the safe and effective handling of chemical and non-chemical offence-related property and the protection of rights to the property of individuals who may have a legal interest in the seized property. It also puts measures in place to ensure that relevant evidence is available to prosecutors and improves data entry processes to meet obligations related to international reporting and police requirements.

Together, the legislative provisions and the new process have the potential to reduce the workload of the courts, government organizations and law enforcement agencies.

Consultation

To implement the provisions concerning the disposal of offence-related property, Health Canada has developed training as well as an updated form and guide to explain the new process that will come into effect when this Order is made. To this end, Health Canada consulted various law enforcement agencies in Canada, including representatives of provinces and territories. Health Canada also held discussions with the Drug Abuse Committee of the Canadian Association of Chiefs of Police.

During the 2017 discussions of Bill C-37 at the Standing House Committee on Health (HESA) as well as the Senate Committee on Legal and Constitutional Affairs, stakeholders and committee members did not raise any concerns related to the proposed amendments to the disposal process.

Contact

Paul Loo
150 Tunney’s Pasture Driveway, Tunney’s Pasture
Ottawa, Ontario
K1A 0K9
Telephone: 613-946-7263