Question Period Note: BC Opioid Health Care Cost Recovery Legislation

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• Canada is pleased with B.C.’s amendment to add Canada to the Opioid Damages and Health Care Costs Recovery Act.
• Canada now has, in addition to B.C., a statutory basis for claiming damages from the pharmaceutical industry with respect to the opioid crisis.
• This amendment is an example of the significant cooperation that exists between Provinces and Territories and the Government of Canada as they work together to address the overdose crisis.
• I understand that on December 8, 2022, the Supreme Court of British Columbia confirmed that BC’s Opioid Damages and Health Care Costs Recovery Act is constitutional and thus this matter may continue to proceed on behalf of all Governments.

The current overdose crisis in Canada continues to be one of the most serious public health crises in recent history.

In collaboration with all levels of government, partners, stakeholders, people with lived and living experience with substance use, and organizations in communities across the country, the Government of Canada is addressing substance use and addiction.

Provinces and territories, which primarily deliver healthcare in Canada, are best placed to bring civil action against the pharmaceutical industry due to the costs they have incurred.

B.C. filed a class action lawsuit in August 2018 related to the alleged inappropriate marketing and dispensing of opioids by pharmaceutical manufacturers and distributors to recover their health care costs.

Provincial and territorial governments, along with the Government of Canada, are part of B.C.’s proposed class action against opioid companies that allegedly acted inappropriately in the marketing and distribution of opioids.

In October 2018, B.C. passed the Opioid Damages and Health Care Costs Recovery Act to support its legal action. This legislation creates a statutory cause of action and right for B.C. to recover from opioid manufacturers and distributors opioid related health care costs incurred by the B.C. government.

On October 17, 2022, B.C. announced proposed amendments to its Opioid Damages and Health Care Costs Recovery Act. One of the proposed amendments was to add Canada to that legislation. Those amendments received Royal Assent on November 4, 2022.

Since 2018, the Government of Canada has worked collaboratively with all provincial and territorial governments as part of B.C.’s litigation against opioid manufacturers, distributors and marketing agencies.

The Government of Canada is providing technical assistance and support to the B.C. litigation.

The amendment to add Canada to this legislation is one example of the significant cooperation that exists in B.C.’s litigation between all Canadian governments and the Government of Canada, as they work together to address the overdose crisis.
The Purdue settlement was another example of the collaboration amongst Governments as we work together to address this crisis.

On December 8, 2022, the decision of Justice Brundrett of the Supreme Court of British Columbia confirmed that s. 11 of the Opioid Damages and Health Care Costs Recovery Act is constitutional and thus this matter may continue to proceed as a proposed class action on behalf of all Governments. The Court also noted the recent amendment adding Canada to the legislation, but did not comment upon it as the amendment came after these constitutional challenges were filed.

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