Subsection 56(1) Exemptions under the Controlled Drugs and Substances Act

Description

The Controlled Drugs and Substances Act (CDSA) prohibits the possession, import, export, production and distribution of controlled substances and precursors, except where explicitly authorized by the CDSA, its regulations or a specific exemption.

The CDSA contains a Ministerial authority to grant exemptions allowing the possession and use of a controlled substance or precursor chemical in a context not normally permitted by law (CDSA subsection 56(1)). Exemptions may be granted for a medical or scientific purpose, or if otherwise in the public interest. The Office of Controlled Substances (OCS) in Health Canada (HC) reviews applications, issues exemptions, and/or supports the decision maker regarding subsection 56(1) exemptions.

Why a privacy impact assessment was completed

In accordance with Appendix C of the Directive on Privacy Practices, a Privacy Impact Assessment (PIA) was conducted on the legacy programs within the Office of Controlled Substances, including the issuance of s56(1) exemptions, as this program involves the collection, use, disclosure, retention and disposal of personal information as part of the intake, assessment, and decision-making process for exemption requests.

Compliance and enforcement activities, and the handling of personal information by experts elsewhere in HC or in other government institutions during the consultation process, are out of scope. 

Additional information

The assessment identified key areas where privacy measures could be strengthened, summarized into the following considerations:

• Information sharing agreements and disclosure management: The Program will develop and information-sharing protocol or process that can be used for information sharing with third parties. 
• Information accuracy and consent: The Program will establish and document processes to ensure individuals submitting information on behalf of applicants are authorized to do so, and to help ensure that the submitted information is accurate and complete. 
• Data minimization, retention, disposal and communication: The Program is updating its records disposition authority to align with Library and Archives Canada's disposition standards to ensure that personal information is not retained longer than necessary. The Program will provide instruction to applicants on how much information to provide, to reduce the risk it collects more information than necessary. In parallel, the program will investigate secure processes to transmit and receive sensitive information. 
• Access controls, safeguards and auditing: The Program will strengthen access control, including establish standard procedures to regularly review access to personal information stored in shared inboxes, SharePoint sites, and Shared Drives. It will also implement an audit process to ensure that only authorized staff can access or modify sensitive information.
• Transparency and individual awareness: To support greater transparency, the Program is introducing or updating privacy notices, updating the Personal Information Bank (PIB) to ensure completeness and clarity, and establishing processes to document uses and disclosures of personal information. 

For more information about this privacy impact assessment

If you would like more information about this PIA, contact the Office of Controlled Substances at ocs-bsc@hc-sc.gc.ca