Alberta proposes licensing updates to mental health framework

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Alberta is introducing new legislation that would make changes to licensing for mental health and addiction services, while giving the minister power to exempt certain people and providers from the framework.

Mental Health and Addiction Minister Dan Williams tabled Bill 37 — the Mental Health Services Protection Amendment Act 2025 on Tuesday. The legislation proposes three key amendments to the Mental Health Services Protection Act (MHSPA, including creating three distinct bed-based services each would be subjected to a set of licensing requirements, renaming certain services and allowing the minister to exempt certain providers or people from the framework on a case-by-case basis.

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“The amendments moving forward today are regulating a big part of the continuum of care in the Alberta Recovery Model,” Williams said.

He added the compassionate intervention act will be laid out in legislation independent from Bill 37 and would be coming soon.

Potential to create more red tape

The legislation proposes creating three service types for bed-based addiction treatment services — withdrawal management, intensive treatment, and non-intensive recovery. Williams said the current “one-size fits all” regulatory approach to bed-based services does not differentiate between the varying levels of intensity for services.

Officials said under the current model it is challenging for the government to license or tailor regulatory oversight.

But with the new legislation, officials said it may create a degree of red tape and the province is working on how the amendment would be rolled out for operators who might have multiple service types. In addition, operators will have to have the correct processes in place to meet the new criteria, which includes getting licensed under the new classifications.

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Officials said they are working to ensure there are no additional costs or burden to operators.

The bill will also include “title protection” meaning only licensed providers would be able to use terms or titles to describe the facilities they operate.

According to the province, there are currently 130 facilities owned and operated by 65 service providers licensed under the MHSPA which was first passed in 2018. The act provides authority to establish licensing programs for service providers. Licensed under MHSPA are bed-based addiction treatment services, drug consumption services, narcotic transition services and psychedelic drug treatment services.

Minister can provide exemptions in select cases

Under the proposed legislation the mental health and addiction minister can exempt specific people or service providers on a unique case-by-case basis from the framework. The exemption would not be used to exempt an unlicensed provider from being licensed and is not meant to act as a blanket exemption.

An exemption could be issued for medical reasons, scientific research, or being in the public interest.

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Officials said a potential use of the exemption could be for some reporting requirements or administrative elements that do not align with how practices are currently being provided.

“The ability to grant exemptions would allow for flexibility, providing government with the agility to address complex situations or rare and unique circumstances,” Williams said.

“Exemptions like this are not uncommon in legislation across Canadian jurisdictions at all levels of government. It strengthens the bill so that it has flexibility and can meet the demands, perhaps in a remote or rural community, perhaps an Indigenous or a different cultural setting.”

Changing and updating names of services

Administrative amendments are being proposed to “address regulatory inconsistencies.”

They would include renaming certain services such as supervised consumption sites to drug consumption sites and renaming residential addiction treatment services to bed-based addiction treatment services, updating language, and moving some content from act into regulation.

If passed the amendments would come into force in fall 2025.

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