Federal exemption extends overdose prevention sites until 2026

Written By Rob Shaw
Published

“There is a huge disconnect between the priorities of the federal government… and this sort of quiet extension of the ability to run these overdose prevention sites.”

–Tamara Kronis


B.C.’s contentious network of overdose prevention sites will be allowed to remain open for another year, after the federal government quietly extended the necessary legal exemptions.

The approximately 40 sites in B.C., which are low-barrier locations for people to get free drug supplies and check their drugs, can only operate under a Health Canada exemption from the Controlled Drugs and Substances Act. That exemption was set to expire Sept. 30.

However, Health Canada confirmed it has now extended that for another year, to 2026. 

No official announcement was made by Ottawa about the decision. It’s not clear if the B.C. government even knew it had occurred (the Ministry of Health had no comment for this article).

“This extension is part of Health Canada’s efforts to work collaboratively with the provinces and territories to support their ability to manage the effects of the illegal toxic drug and overdose crisis, and to quickly respond to emerging public health needs,” the federal government said in a statement to Northern Beat

“The class exemption provides flexibility by reducing barriers for governments, community organizations and front-line service providers seeking to offer urgent harm reduction services, including drug checking.”

The issue featured prominently in the federal election, with Conservative leader Pierre Poilievre promising to scrap overdose prevention sites, calling them “drug dens” that were causing crime and chaos in communities.

“We know that the drug consumption sites have been a total disaster here in British Columbia and around the world,” said Poilievre in April.

“We know the research shows that they do not save lives or protect the community. We also know that they cause a massive risk when they are near children.”

Health Canada extended exemption days before Carney took office

The B.C. government has increasingly opened overdose prevention sites to respond to the toxic drug crisis. They are typically temporary locations, often just a tent in a public space, where drug user peers, community non-profit groups and other non-medical staff can assist with drug testing and witnessed drug use.

The model requires less resources, limited to no medical supervision and oversight compared to the “supervised consumption site” model, which has varying healthcare supports and stricter rules.

More than 16,000 people have died of toxic drugs and overdoses since the public health emergency was declared nine years ago.

The Health Canada website, until recently, contained an exemption deadline of Sept. 30, 2025 for the “urgent needs” of provinces, also known as subsection 56(1) exemptions. However, in its statement Health Canada confirmed the exemption had actually been granted Feb. 28. That was just days before Mark Carney was sworn in as the new prime minister, meaning it was a decision made in the dying days of the Justin Trudeau government and not made public.

“It distresses me greatly that they did it without telling anyone and without any kind of consultation,” Tamara Kronis, the Conservative MP for Nanaimo-Ladysmith, said in an interview.

“There is a huge disconnect between the priorities of the federal government on this particular issue, and this sort of quiet extension of the ability to run these overdose prevention sites is one of the proof points for that.”

Kronis’ community is ground-zero for the backlash on overdose prevention sites, with Nanaimo council at one point debating putting a fence around city hall and calling on Island Health to close a neighbouring overdose prevention site due to the rampant drug use, crime, vandalism and disorder that made staff and citizens feel unsafe.

Victoria city council also debated, but deferred, a similar issue on an overdose prevention site earlier this year.

Overdose prevention sites were supposed to be temporary

The overdose prevention site model was intended to be a temporary reaction to the public health emergency caused by the toxic drug crisis. However, increasingly, it has become baked in as the province’s primary front-line response.

Premier David Eby earlier this year defended the OPS model as a necessary base service. In July, he rejected calls to shutter problem sites.

“It does not actually solve the problem,” the premier said at the time.

“Because the people are still there, they are still addicted. They are still using drugs, but now they are using them in locations across the community.”

Kronis said she is doing extensive consultation in her community to try and come up with a strategy for moving forward on the issue. “The current policies pit people [against each other] in ways that are not helpful for our communities,” she said.

Changes need to include more recovery, and sober recovery options as well. The federal Liberal government has failed to meet that need, said Kronis.

“The evidence shows it’s not a priority for them,” she said.