Summary#

This bill, titled the Health-based Approach to Substance Use Act, would decriminalize simple possession of controlled drugs at the federal level, create a no‑fee process to expunge past simple possession convictions, and require a national public health strategy on substance use. It also makes related changes to the Criminal Code and other federal laws. The bill does not legalize trafficking, production, or import/export of drugs.

• Repeals the federal offence of possession under the Controlled Drugs and Substances Act (CDSA) (Part 1; repeals s.4 and s.4.1).
• Keeps crimes for trafficking, production, and import/export in place (CDSA ss.5–7 remain) (Part 1).
• Creates a no‑fee expungement process for past simple possession convictions; federal records must be destroyed or removed (Part 2).
• Recognizes expungement in the Criminal Code; a person is deemed never charged or convicted for that offence (Part 2; Criminal Code s.607 amendments).
• Requires the Minister of Health to develop and table a national strategy within 1 year, with specific elements like safe supply access and universal access to treatment and harm reduction (Part 3, s.2–4).

What it means for you#

• Households

  • Simple possession of controlled substances would no longer be a federal crime once this Act is in force (Part 1). Other drug crimes still apply (e.g., trafficking, production).
  • Police could not lay new charges for simple possession under the CDSA. Existing simple possession cases would be affected by repeal of s.4, but outcomes depend on case status and prosecutorial decisions. Data unavailable.

• People with past simple possession convictions

  • You could apply to the Parole Board of Canada for expungement. There is no application fee (Part 2, “No fee payable”).
  • You must submit a sworn statement that your conviction was for conduct that would not be an offence after this Act (Part 2).
  • If granted, you are deemed never to have been charged or convicted for that offence (Part 2, “Effect of expungement”).
  • The Parole Board must notify the RCMP, which must destroy or remove federal judicial records in its systems and notify other federal bodies (Part 2).
  • Federal departments and agencies must destroy or remove related records in their systems (Part 2).
  • Provincial and municipal police and courts are notified, but only federal bodies are required by this Act to destroy or remove records (Part 2). You may still need to address provincial or municipal records. Data unavailable.

• Workers

  • Health, social service, and harm reduction workers may see program changes over time. The bill requires a national strategy, not immediate service expansion (Part 3).
  • People who had simple possession records and receive expungement may face fewer barriers to jobs that require federal criminal record checks (Part 2).

• Businesses and nonprofits

  • Hiring and volunteer screening that relies on federal criminal record databases would no longer show expunged simple possession convictions (Part 2).
  • Workplace drug policies are not changed by this Act. Compliance duties for regulated industries remain. Data unavailable.

• Police, courts, and local governments

  • Police would need to update policies and training to reflect that simple possession is not a CDSA offence (Part 1).
  • Courts would see fewer simple possession cases. Expungement orders must be recognized under the Criminal Code (Part 2; Criminal Code s.607).
  • RCMP and federal departments must implement record destruction/removal processes after expungement orders (Part 2).
  • Provincial and municipal agencies receive notice of expungement orders, but this Act does not require them to destroy records (Part 2).

• People who use health and harm reduction services

  • The Minister of Health must develop, table, and publish a national strategy within 1 year of the Act coming into force, after consultations (Part 3, s.2–4).
  • The strategy must address safe supply access, universal access to recovery, treatment, overdose prevention, relapse prevention, and supervised consumption services, plus prevention and anti‑stigma measures (Part 3, s.2(3)).
  • The Minister must report on implementation results in each province within 1 year after the strategy is tabled (Part 3, s.4).
  • The bill itself does not fund or launch these services; it directs strategy development and reporting (Part 3).

Expenses#

Estimated net cost: Data unavailable.

• No fiscal note identified. Data unavailable.
• The bill contains no explicit appropriations or funding amounts (Bill text).
• Likely federal administrative costs include:
  • Parole Board application intake, review, and orders (Part 2). Data unavailable.
  • RCMP and federal departments’ record destruction/removal and notifications (Part 2). Data unavailable.
  • Health Canada consultations, strategy development, tabling, publication, and follow‑up reporting (Part 3). Data unavailable.
• Potential offsets/savings:
  • Fewer simple possession arrests and prosecutions may reduce justice system workloads. Data unavailable.
• Any costs to expand “safe supply” or “universal access” to services would depend on future budgets and agreements; this Act does not allocate funds (Part 3).

Proponents' View#

• Shifts from punishment to a health approach by removing the possession offence and mandating a public health strategy (Part 1; Part 3).
• Reduces the burden of criminal records for simple possession through a clear, no‑fee expungement process, with federal record destruction (Part 2).
• Keeps penalties for trafficking, production, and import/export, aiming to target supply crimes while decriminalizing personal use (Part 1).
• Requires evidence‑based measures, safe supply access, and universal access to treatment and harm reduction in the national strategy (Part 3, s.2(3)).
• Could free police, courts, and corrections from processing low‑level possession cases, allowing resources to focus on serious offences and health supports (assumption; no fiscal estimate provided).

Opponents' View#

• The bill mandates a national strategy but provides no funding; “universal access” and “safe supply” goals may be unfunded or shift costs to provinces (Part 3; assumption flagged).
• Removing the possession offence may create transitional enforcement challenges and require significant retraining and policy updates for police (Part 1; implementation risk).
• Expungement compels federal record destruction but does not require provincial or municipal police and courts to delete records, which could leave gaps (Part 2).
• Without guaranteed expansion of treatment and harm reduction, decriminalization alone may not reduce harms and could increase public consumption concerns (assumption; outcomes not specified in the bill).
• Program design risks exist for “low‑barrier safe supply,” including diversion and quality control; the bill sets direction but not safeguards or oversight details (Part 3; details to be determined in the strategy).