Skip to main content
Back to Bills
FederalDid not become law (session ended)43rd Parliament, 2nd Session

Bill S-229 explained in plain English

An Act respecting the development of a national strategy for the decriminalization of illegal substances, to amend the Controlled Drugs and Substances Act and to make consequential amendments to other Acts

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
43rd Parliament, 2nd Session
Bill number
Bill S-229
Full title
An Act respecting the development of a national strategy for the decriminalization of illegal substances, to amend the Controlled Drugs and Substances Act and to make consequential amendments to other Acts
Current status
Did not become law (session ended)
Latest event
At second reading in the Senate
Last updated
Jun 22, 2021

Official Parliament of Canada snapshot for 43rd Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the Senate
Latest Activity
Jun 22, 2021
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-229 requires the Minister of Health to develop a national decriminalization strategy for simple possession of illegal substances and repeals criminal penalties for possessing Schedule I, II, and III controlled substances.

What It Means

Bill S-229, called the Health-Centred Approach to Substance Use Act, does two main things: First, it requires the Minister of Health to create a national strategy for decriminalizing simple possession of illegal drugs. The Minister must consult with the Ministers of Justice and Public Safety, provincial and territorial governments, First Nations, Inuit and Métis groups, and other interested organizations. The Minister has 180 days after the bill becomes law to hold a conference on this topic. Within two years of the bill receiving royal assent, the Minister must present a written report to Parliament explaining the strategy and post it on the Health Canada website within 10 days. The strategy is supposed to consider several things, including: setting national health goals for people with substance use disorders; increasing investment in treatment and harm reduction; improving access to health and social services; deciding on a minimum quantity threshold for criminal possession charges and who decides that; creating an administrative system with warnings, fines, or mandatory treatment referrals instead of jail; and defining the roles of health workers, social services, police, judges, and others. Second, the bill makes changes to the Controlled Drugs and Substances Act by removing criminal penalties for simple possession of substances in Schedules I, II, and III. This repeals sections 4 and 4.1 of that Act, which currently make it illegal to possess these drugs without authorization. The bill also makes technical updates to schedules and other laws that reference the old possession offences in the Criminal Code, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, and other related legislation. The sections that actually change the Controlled Drugs and Substances Act come into force on a day to be decided by the Governor in Council (the federal Cabinet).

What This Bill Does
  • Requires the Minister of Health to develop a national strategy for decriminalizing simple possession of illegal substances
  • Requires the Minister of Health to consult with federal ministers (Justice, Public Safety), provincial and territorial governments, First Nations, Inuit and Métis persons and organizations, and other interested parties
  • Requires the Minister of Health to hold a conference within 180 days of the bill coming into force with ministers and provincial/territorial representatives
  • Requires the Minister of Health to prepare a written report setting out the national strategy and present it to Parliament within two years of royal assent
  • Requires the report to be posted on the Health Canada website within 10 days of being tabled in Parliament
  • Directs the national strategy to consider setting national health objectives, increasing investment in treatment and harm reduction, improving access to services, determining minimum quantities for criminal prosecution, establishing administrative sanctions (warnings, fines, treatment referrals), and defining roles of various actors
  • Repeals sections 4 and 4.1 of the Controlled Drugs and Substances Act, which currently criminalize possession of Schedule I, II, and III substances
  • Amends the definition of 'designated substance offence' in the Controlled Drugs and Substances Act to exclude simple possession offences
  • Updates cross-references in Schedules I, II, III, and IV of the Controlled Drugs and Substances Act to remove references to the repealed section 4
  • Amends the Criminal Code to update references to designated substance offences
  • Amends the Criminal Code to remove jurisdiction of provincial court judges to try simple possession charges under the Controlled Drugs and Substances Act
  • Amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to update references to controlled substance offences
Who Is Affected
  • Federal ministers (Minister of Health, Minister of Justice, Minister of Public Safety) who must develop the decriminalization strategy and hold consultations
  • Provincial and territorial government officials responsible for public health, administration of justice, and public safety who must participate in the conference and strategy development
  • First Nations, Inuit, and Métis persons and organizations who may be consulted about the national strategy
  • People who currently or would otherwise be charged with simple possession of Schedule I, II, or III controlled substances (no longer subject to criminal penalties under this bill)
  • Police services and law enforcement agencies (whose roles in diversion and administrative sanctions would be defined by the strategy)
  • Health system and social service providers (whose roles in treatment and harm reduction would be defined by the strategy)
  • Provincial court judges (whose jurisdiction over simple possession cases would be removed)
  • Financial institutions and entities registering with the Financial Transactions and Reports Analysis Centre (FINTRAC) (eligibility criteria updated to reflect removal of section 4 offences)
Rights, Duties, Or Obligations
  • The Minister of Health must develop a national decriminalization strategy
  • The Minister of Health must consult with federal ministers, provincial/territorial officials, First Nations, Inuit, Métis persons and organizations, and other interested parties
  • The Minister of Health must convene a conference within 180 days of the Act coming into force
  • The Minister of Health must prepare and table a report on the strategy in Parliament within two years of royal assent
  • The Minister of Health must post the report on the departmental website within 10 days of tabling
  • Simple possession of Schedule I, II, and III controlled substances is no longer a criminal offence (right of persons who would otherwise be prosecuted)
Important Dates
  • The bill comes into force on a date to be fixed by order of the Governor in Council (for sections 4 to 13, which make the substantive amendments)
  • The bill itself comes into force upon royal assent (for the requirement to develop a strategy)
  • Within 180 days after the Act comes into force, the Minister of Health must convene the conference
  • Within two years after royal assent, the Minister of Health must prepare and table the report in Parliament
  • Within 10 days after tabling the report in Parliament, it must be posted on the departmental website
Financial Or Tax Impacts
  • The bill does not specify the cost of developing the national strategy, holding the conference, or preparing the report
  • The strategy is to consider encouraging 'greater investment in all areas related to addressing substance use disorder, particularly in the areas of treatment, harm reduction and other diversionary approaches,' but no specific funding is allocated or committed
  • Administrative sanctions regime (fines, treatment referrals, warnings) would replace criminal prosecution and imprisonment, potentially reducing costs to the criminal justice system, but the bill does not estimate these impacts
Enforcement Or Penalties
  • Section 4 (criminal penalties for possession of Schedule I, II, and III substances) is repealed, so these offences no longer carry criminal penalties
  • Criminal penalties previously applicable: Schedule I possession up to 7 years imprisonment (indictable) or fines and up to 6 months/1 year imprisonment (summary); Schedule II possession up to 5 years less a day; Schedule III possession up to 3 years
  • Section 4.1 (medical emergency exemption) is repealed, but this is addressed by removal of the underlying possession offence
  • The national strategy is to consider establishing administrative sanctions (warnings, fines, mandatory treatment referrals) as alternatives to criminal prosecution
Uncertainties Or Limits
  • The bill does not specify which day the Governor in Council will choose for the amendments to the Controlled Drugs and Substances Act and related laws to come into force
  • The bill does not set out specific objectives, targets, or timelines for the national strategy itself—it only requires the strategy to be developed and reported
  • The bill does not detail what the minimum quantity threshold for criminal possession should be, only that the strategy should consider determining one and who decides it
  • The bill does not specify what administrative sanctions should replace criminal penalties—it only lists examples (warnings, fines, mandatory treatment referrals, 'other measures')
  • The bill does not define 'simple possession' or specify which quantities or circumstances would fall within that category
  • The bill repeals the medical emergency exemption (section 4.1) when it removes section 4, but does not explicitly establish what protections (if any) would apply under the new decriminalization regime
  • The bill does not address how the provincial and territorial government participation in strategy development will be binding or non-binding
  • The bill does not explain how the strategy will interact with existing provincial substance use laws or policies
Laws Or Regulations Affected
Controlled Drugs and Substances Act
Sections 4 and 4.1 repealed; definition of designated substance offence amended

Removes criminal penalties for simple possession of Schedule I, II, and III controlled substances. Repeals the offences that made it illegal to possess these drugs without authorization.

Source: Sections 4, 5

Controlled Drugs and Substances Act - Schedules I, II, III, IV
Cross-references amended

Updates the cross-reference sections in the drug schedules to reflect the removal of the simple possession offence (section 4), replacing references from 'Sections 2, 4 to 7.1...' to 'Sections 2, 5 to 7.1...'

Source: Sections 7, 8, 9, 10

Controlled Drugs and Substances Act - Section 47
Subsection 47(1) amended

Removes reference to section 4(2) (seeking or obtaining drugs) from the time limit for starting summary conviction proceedings. The one-year limitation period now applies only to section 32(2) offences and violations of orders under sections 45.1 or 45.2.

Source: Section 6

Criminal Code - Section 462.48
Paragraph 462.48(1)(a) amended

Updates the definition of 'designated substance offence' used for proceeds of crime provisions. Changes reference from 'Part I of the Controlled Drugs and Substances Act, except subsection 4(1)' to simply 'Part I of the Controlled Drugs and Substances Act' (since section 4 no longer exists).

Source: Section 11

Criminal Code - Section 553
Paragraph 553(c) amended by adding 'or', striking 'or', and repealing subparagraph (x)

Removes from provincial court judge jurisdiction the offence of simple possession under paragraph 4(4)(a) of the Controlled Drugs and Substances Act. Adjusts punctuation to reflect this deletion.

Source: Section 12

Proceeds of Crime (Money Laundering) and Terrorist Financing Act - Section 11.11
Subparagraph 11.11(1)(d)(ii) amended

Updates eligibility rules for financial institutions registering with the Centre. Removes the exception 'except for the offence under subsection 4(1)' from the list of disqualifying offences under the Controlled Drugs and Substances Act, since that offence no longer exists.

Source: Section 13

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Mar 16, 2021
Completed

Bill S-229, an act concerning a national strategy for decriminalizing illegal substances, was introduced in the Senate on March 16, 2021, and is currently at the second reading stage.

Introduction and first reading, Mar 16, 2021
End of stage activity, Mar 16, 2021
Chamber sittings
Introduction and first reading - Mar 16, 2021

On March 16, 2021, the Senate held its routine proceedings, including the first reading of Bill S-229 concerning a national strategy for the decriminalization of illegal substances, and engaged in question period and debate on various legislative matters and reports.

Step 2
Second reading
Jun 22, 2021
Not completed

Bill S-229, concerning a national strategy for substance decriminalization, has been undergoing debate at the second reading stage in the Senate since May 25, 2021, with the stage not yet completed.

Chamber sittings
Debate at second reading - May 25, 2021

The Senate convened on May 25, 2021, for a sitting that included procedural matters, extensive Question Period discussions on various current events and policy issues, and continuation of debates on numerous bills, alongside the introduction of a new bill concerning substance use and decriminalization.

During the Senate's second reading debate on Bill S-229, senators discussed the potential benefits of decriminalizing illegal substance possession by adopting a health-centred approach and developing a national strategy, with proponents arguing current criminalization is ineffective and opponents questioning its impact on safety and stigma.

Debate at second reading - Jun 1, 2021

The Senate sitting on June 1, 2021, began with tributes to the 215 Indigenous children found at the Kamloops Indian Residential School, followed by routine proceedings, question period, and debate on various bills and motions, including significant discussions on Indigenous reconciliation, healthcare, and governance.

Debate at second reading - Jun 8, 2021

During the Senate's second reading debate on Bill S-229, senators discussed the ongoing drug addiction crisis, the potential benefits of decriminalization for addressing health issues, and the need for a national strategy focused on health interventions rather than criminalization.

During a Senate debate on Bill S-229, Senator Vernon White argued for a health-centered approach to drug addiction, suggesting that decriminalization would shift focus from criminalization to healthcare, while acknowledging the bill wouldn't solve all drug-related problems.

Debate at second reading - Jun 22, 2021

On June 22, 2021, the Senate held a sitting that included statements, routine proceedings, question period, and debate on multiple bills, including Bill S-229 concerning drug decriminalization, ultimately passing Bill C-218 and Bill C-208.

Step 3
Third reading
Not reached yet
Not reached

Bill S-229, concerning a national strategy for decriminalization of illegal substances, has not yet reached third reading in the Senate, with its progress detailed up to the second reading debate.

Step 1
First reading
Not reached yet
Not reached

This record indicates that Bill S-229 has not yet had its First Reading in the House of Commons, though it has progressed further in the Senate.

Step 2
Second reading
Not reached yet
Not reached

This record shows that the House of Commons Second Reading stage for Bill S-229 has not yet occurred, while the bill is currently undergoing second reading in the Senate.

Step 3
Consideration in committee
Not reached yet
Not reached

Bill S-229, concerning a national strategy for the decriminalization of illegal substances, is awaiting consideration in a House of Commons committee, having completed second reading in the Senate.

Step 4
Report stage
Not reached yet
Not reached

Bill S-229 has not yet reached the Report stage in the House of Commons, and its current overall status is second reading in the Senate, with past debate activity noted in the Senate.

Step 5
Third reading
Not reached yet
Not reached

Bill S-229, concerning the development of a national strategy for decriminalizing illegal substances, is currently at the second reading stage in the Senate, with a procedural step for third reading in the House of Commons not yet reached.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Gwen Boniface
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced