Bill C-286: An Act to amend the Controlled Drugs and Substances Act and to enact the Expungement of Certain Drug-related Convictions Act and the National Strategy on Substance Use Act

Bill C-286 If you have any questions or comments regarding the accessibility of this publication, please contact us at [email protected]. First Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content ENGLISHSUMMARYSUMMARY1 Short Title1 Short Title2 PART 1 Controlled Drugs and Substances Act2 PART 1 Controlled Drugs and Substances Act6 Consequential Amendments6 Consequential Amendments6 Criminal Code6 Criminal Code8 Proceeds of Crime (Money Laundering) and Terrorist Financing Act8 Proceeds of Crime (Money Laundering) and Terrorist Financing Act9 PART 2 Expungement of Certain Drug-related Convictions Act9 PART 2 Expungement of Certain Drug-related Convictions Act9 Enactment of Act9 Enactment of Act10 Related Amendments to the Criminal Code10 Related Amendments to the Criminal Code11 PART 3 National Strategy on Substance Use Act11 PART 3 National Strategy on Substance Use Act11 Enactment of Act11 Enactment of Act Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021 HOUSE OF COMMONS OF CANADA BILL C-286 An Act to amend the Controlled Drugs and Substances Act and to enact the Expungement of Certain Drug-related Convictions Act and the National Strategy on Substance Use Act FIRST READING, April 15, 2021 Mr. Davies 432064 SUMMARY This enactment amends the Controlled Drugs and Substances Act to repeal a provision that makes it an offence to possess certain substances. It also makes consequential amendments to other Acts. In addition, it enacts the Expungement of Certain Drug-related Convictions Act, which establishes a procedure for expunging certain drug-related convictions and provides for the destruction or removal of the judicial records of those convictions that are in federal repositories and systems. Finally, it enacts the National Strategy on Substance Use Act, which requires the Minister of Health to develop a national strategy to address the harm caused by problematic substance use. Available on the House of Commons website at the following address: www.ourcommons.ca 2nd Session, 43rd Parliament, 69-70 Elizabeth II, 2020-2021 HOUSE OF COMMONS OF CANADA BILL C-286 An Act to amend the Controlled Drugs and Substances Act and to enact the Expungement of Certain Drug-related Convictions Act and the National Strategy on Substance Use Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title 1 This Act may be cited as the Health-based Approach to Substance Use Act. PART 1  1996, c. 19 Controlled Drugs and Substances Act 2 Paragraph (a) of the definition designated substance offence in subsection 2(1) of the Controlled Drugs and Substances Act is replaced by the following: (a) an offence under Part I, or 3 Sections 4 and 4.‍1 of the Act are repealed. 4 Subsection 47(1) of the Act is replaced by the following: Time limit 47 (1) No summary conviction proceedings in respect of an offence under subsection 32(2) or the regulations or in respect of a contravention of an order made under section 45.‍1 or 45.‍2 shall be commenced after the expiry of one year after the time when the subject matter of the proceedings arose. 5 The Act is amended by replacing the references after the schedule heading in Schedules I to IV with “(Sections 2, 5 to 7.‍1, 10, 29, 55 and 60)”. Consequential Amendments R.‍S.‍, c. C-46 Criminal Code 6 Paragraph 462.‍48(1)‍(a) of the Criminal Code is replaced by the following: (a) an offence under Part I of the Controlled Drugs and Substances Act; 7 Paragraph 553(c) of the Act is amended by adding “or” at the end of subparagraph (viii.‍1), by striking out “or” at the end of subparagraph (ix) and by repealing subparagraph (x). 2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act 8 Subparagraph 11.‍11(1)‍(d)‍(ii) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: (ii) the Controlled Drugs and Substances Act, PART 2  Expungement of Certain Drug-related Convictions Act Enactment of Act Enactment of Act 9 The Expungement of Certain Drug-related Convictions Act is enacted as follows: An Act to establish a procedure for expunging certain drug-related convictions Short Title Short title 1 This Act may be cited as the Expungement of Certain Drug-related Convictions Act. Interpretation Definitions 2 The following definitions apply in this Act. Board means the Parole Board of Canada.‍ (Commission) Chairperson means the Chairperson of the Board designated under section 104 of the Corrections and Conditional Release Act.‍ (président) Powers, Duties and Functions Powers of Board 3 The Board may, in accordance with this Act, order or refuse to order expungement of a conviction in respect of an offence under section 4 of the Controlled Drugs and Substances Act, as that Act read immediately before the day on which this Act comes into force, if the activity that is the subject of the offence would not have constituted an offence under the Controlled Drugs and Substances Act or any other Act of Parliament had it been conducted on or after that day. Delegation 4 The Board, subject to the approval of the Chairperson, may confer on any of its employees or class of its employees any of its powers, duties or functions under this Act. Expungement Effects Effect of expungement 5 (1) If the Board orders expungement of a conviction, the person convicted of the offence is deemed never to have been charged with and convicted of that offence. Lawful act (2) Nothing in this Act has the effect of making unlawful a lawful act or omission related to the expunged conviction that was committed prior to the expungement order. Royal prerogative 6 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy. Procedure Application 7 (1) A person who has been convicted in respect of an activity described in section 3 may apply to the Board for an expungement order. Form, manner and content (2) An application for an expungement order must be in the form and manner determined by the Board and must include a sworn statement or solemn declaration by the applicant that the conviction in question is in respect of the activity described in section 3. No fee payable (3) No fee may be imposed in respect of an application made under subsection (1). Incomplete application 8 If the Board determines that an application is incomplete, the Board may return it to the applicant at any time. Eligibility 9 (1) The Board must reject any application that does not relate to a conviction in respect of the activity described in section 3. Notice (2) The applicant must be advised in writing of the rejection of their application. Inquiries 10 On receipt of an application, the Board may cause inquiries to be made (a) for the purpose of determining whether the applicant is eligible to apply for an expungement order under section 7; and (b) for the purposes of the review under section 11. Review 11 Subject to sections 8 and 9, the Board must review the application and the evidence gathered through any inquiries and determine whether there is evidence that the activity in respect of which the application is made is prohibited under the Controlled Drugs and Substances Act or any other Act of Parliament at the time the application is reviewed. Order Order to expunge 12 Subject to sections 8 and 9, the Board must order expungement of the conviction in respect of the offence for which the application was made if the Board’s review reveals no evidence referred to in section 11. Refusal 13 Subject to sections 8 and 9, the Board must refuse to order expungement of the conviction in respect of the offence for which the application was made if the Board’s review reveals evidence referred to in section 11. Notice to applicant 14 The Board must notify the applicant in writing of the expungement order or of its refusal to order expungement. Destruction and Removal Notification to RCMP 15 The Board must notify the Royal Canadian Mounted Police of any expungement order. The Board must also notify any superior, provincial or municipal court that, to its knowledge, has custody of any judicial record of the conviction to which the expungement order relates. Destruction or removal by RCMP 16 As soon as feasible after receipt of a notification from the Board, the Royal Canadian Mounted Police must destroy or remove any judicial record of the conviction to which the expungement order relates that is in its repositories or systems. Notification by RCMP 17 As soon as feasible after receipt of a notification from the Board, the Royal Canadian Mounted Police must provide notification of the expungement order to any federal department or agency, and to any provincial or municipal police force, that, to its knowledge, has custody of any judicial record of the conviction to which the expungement order relates. Destruction or removal by departments and agencies 18 As soon as feasible after receipt of a notification from the Royal Canadian Mounted Police, each federal department or agency must destroy or remove any judicial record of the conviction to which the expungement order relates that is in its repositories or systems. Non-application 19 Sections 16 and 18 apply despite sections 12 and 13 of the Library and Archives of Canada Act, subsections 6(1) and (3) of the Privacy Act and any other provision of an Act of Parliament. For greater certainty 20 For greater certainty, sections 16 to 19 do not apply to documents submitted or produced in respect of an application under this Act. R.‍S.‍, c. 46 Related Amendments to the Criminal Code 10 (1) Subsection 607(1) of the Criminal Code is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) an expungement order under the Expungement of Certain Drug-related Convictions Act. (2) Subsection 607(3) of the Act is replaced by the following: Disposal (3) The pleas of autrefois acquit, autrefois convict, pardon and an expungement order under the Expungement of Historically Unjust Convictions Act or the Expungement of Certain Drug-related Convictions Act shall be disposed of by the judge without a jury before the accused is called on to plead further. PART 3  National Strategy on Substance Use Act Enactment of Act Enactment of Act 11 The National Strategy on Substance Use Act is enacted as follows: An Act respecting the development of a national strategy to address substance use Short Title Short title 1 This Act may be cited as the National Strategy on Substance Use Act. National Strategy National strategy 2 (1) The Minister of Health must develop a national strategy to address the harm caused by problematic substance use by promoting a comprehensive public health approach. Consultations (2) In developing the strategy, the Minister must consult with representatives of the provincial governments responsible for health care services and key stakeholders including advocacy organizations, frontline health care providers, individuals with lived experience of substance use, harm reduction workers and experts in problematic substance use and substance use disorder. Content (3) The strategy must include measures to (a) address the harm associated with the criminalization of substance use; (b) ensure that interventions are founded on evidence-based best practices and address the root causes of problematic substance use; (c) ensure low-barrier access to a safe supply of medically regulated substances; (d) provide universal access to recovery, treatment and harm reduction services for problematic substance use and substance use disorder, including overdose prevention services, relapse prevention services and supervised consumption sites and services; (e) implement evidence-based prevention programs that address social and economic factors that contribute to problematic substance use; and (f) reduce the stigma associated with substance use, including through outreach and public awareness programs. Reports to Parliament Tabling of national strategy 3 (1) Within one year after the day on which this Act comes into force, the Minister of Health must prepare a report setting out the national strategy and cause it to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after it is completed. Publication (2) The Minister must publish the report on the website of the Department of Health within 10 days after it has been tabled in both Houses of Parliament. Report 4 Within one year after the report referred to in section 3 has been tabled in both Houses of Parliament, the Minister of Health must, in consultation with the parties referred to in subsection 2(2), prepare a report on the results of the implementation of the national strategy in each province that sets out the Minister’s conclusions and recommendations, and cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after it is completed. Published under authority of the Speaker of the House of Commons Publication Explorer Publication Explorer ParlVU