Bill C-37 · 42th Parliament · Justin Trudeau
An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
Government bill. Became law.
- IntroducedDec. 12, 2016
- Debated in principleFeb. 1, 2017
- Studied by a committeeDone
- Passed its first chamberFeb. 15, 2017
- Passed the second chamberMay 3, 2017
- Became lawMay 17, 2017
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Justin TrudeauPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
The pre-release version of this Legislative Summary is now available. Parliamentarians and their staff can obtain a copy by submitting a request or contacting the Library of Parliament. Members of the public can obtain a copy by the contacting the Information Service at the Library of Parliament. On 12 December 2016, Minister of Health introduced Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, in the House of Commons and it was given first reading. Bill C-37 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…
Summary by the Library of Parliament.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
58% of the text as introduced was changed or removed by the time it became law (32,890 words introduced, 18,549 passed). A committee amended it.
substantial changeintent broadened
The bill kept its core aims on supervised consumption sites and temporary scheduling but added dozens of new clauses on seizure reports, restraint orders, and management of offence-related property. It also broadened trafficking and production offences to cover Schedules V and VI and inserted new rules for non-chemical property that were absent at introduction.
- Expanded produce and traffic definitions from Schedules I-IV to I-V.
Before: “produce means, in respect of a substance included in any of Schedules I to IV, to obtain the substance by any method or process including”
After: “produce means, in respect of a substance included in any of Schedules I to V, to obtain the substance by any method or process including”
- Added new section 7.1 creating offences for items intended for producing or trafficking any controlled substance.
After: “Possession, sale, etc., for use in production of or trafficking in substance 7.1 (1) No person shall possess, produce, sell, import or transport anything intending that it will be used (a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized;”
- Inserted new reporting duties for seized substances and property within 30 days.
After: “12.1 Subject to the regulations, every peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, precursor or chemical offence-related property shall, within 30 days, (a) prepare a report setting out”
- Added management orders allowing appointment of a person to control non-chemical offence-related property.
After: “Management order 15.1 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of non-chemical offence- related property seized under section 11 of this Act, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 14, may, if they are of the opinion that the circumstances so require, (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice;”
How precisely it is written
mixedChallenging the law: ModerateDisputing a charge: Moderate
The bill mixes exact numerical thresholds, defined terms and objective standards with several subjective phrases and open-ended ministerial powers. This creates pockets of clarity alongside areas open to prolonged argument over scope and application.
Open to argument
“the Minister has reasonable grounds to believe pose a significant risk to public health or safety”
Relies on the Minister's subjective belief rather than an objective, verifiable test.“if they are of the opinion that the circumstances so require”
Leaves management-order decisions to official discretion without fixed criteria.“if the judge or justice considers it appropriate”
Conditions recognizance or security requirements on a purely subjective judicial view.“disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record”
Invites case-by-case balancing with no bright-line rule.
Clear-cut
“within 30 days”
Sets a fixed, measurable deadline for preparing a seizure report.“designated device means a device included in Schedule IX”
Uses a closed, schedule-based definition rather than an open description.“on a balance of probabilities”
Applies a clear, well-known evidentiary standard to forfeiture decisions.
Discretion. The Minister may temporarily schedule substances, many procedural details are left to regulations, and peace officers or judges decide returns, restraints and management orders using phrases such as 'satisfied' or 'considers it appropriate'.
Challenging the law itself. Vague phrases such as 'reasonable grounds to believe' and 'of the opinion' could support a vagueness or overbreadth claim under Charter s. 7, though defined terms and numerical rules limit the attack.
Disputing a charge under it. Accused persons could readily dispute subjective elements such as 'no dispute as to ownership' or 'circumstances so require', but fixed timelines, schedules and evidentiary standards make other violations harder to contest.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.