On June 1, 2024, Health Canada published a Regulatory Impact Analysis Statement for the proposed Controlled Substances Regulations (CSR) in the Canada Gazette, Part I.
The regulatory proposal was subject to a 60-day public comment period ending on July 31, 2024. This submission was prepared by the Canadian Drug Policy Coalition (CDPC) on behalf of CDPC, the Harm Reduction Nurses Association, the HIV Legal Network and Pivot Legal Society.
The proposed CSR aims to consolidate the Narcotic Control Regulations, Benzodiazepines and Other Targeted Substances Regulations, Parts G and J of the Food and Drug Regulations and the New Classes of Practitioners Regulations and incorporate six class exemptions into one new regulation. The intent is to provide a comprehensive regulatory framework governing “legitimate” activities with all categories of controlled substances (i.e., narcotics, controlled drugs, targeted substances, and restricted drugs). In addition, consequential and coordinating amendments would be made to related federal regulations (i.e., the Cannabis Regulations, the Precursor Control Regulations, the Food and Drug Regulations and certain fees regulations).
Our submission follows seven general themes:
- Inadequate assessment of public health and human rights impacts
- The evolving nature and contemporary debate on UN Drug Control Conventions
- Lack of neutrality in language
- Disproportionate harmful impacts to equity-denied groups
- Inadequate framing of public safety
- Inadequate safeguards to ensure the rigor of information relied upon in Ministerial decision making
- Lack of flexibility to meet arising needs and promising practices
The typical process for regulations is that they are published in the Canada Gazette, Part I, for public comment. Feedback received is then used to fine tune the regulations for final publication in the Canada Gazette, Part II. Health Canada is aiming to publish final regulations in Spring 2025, and it is proposed that the regulations would come into force one year later, in Spring 2026.
