Canada:
The Road To Legalization Of Recreational Cannabis: What Employers Should Know
09 November 2018
Borden Ladner Gervais LLP
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The federal government announced that the legalization of
recreational cannabis is effective on October 17, 2018. Employers
should prepare for this change as it will impact Canadian
businesses of all sizes.
Across Canada
Federal Bill C-45, An Act respecting cannabis and to amend the
Controlled Drugs and Substances Act, the Criminal Code and other
Acts, permits legal access to recreational cannabis and controls
and regulates its production, distribution and sale.
Starting October 2018, these changes will come into force and
apply across Canada.
What
Will Not Change
- Employers still have the legal obligation to provide a healthy
and safe workplace for their employees.
- Employers can still expect and require that employees come to
work fit for duty and remain fit throughout their work day while
performing their duties.
- Just as is the case for alcohol, the legal status of cannabis
does not entitle employees to use it at work, or be under its
influence when they perform their work.
- Employees under the age of 18 (19 in some provinces) will still
be prohibited from using or possessing cannabis.
|
What
Will Change
- Possession of up to 30 grams of cannabis for recreational
purposes will be permitted for individuals at least 18 years of age
(or 19 in some provinces).
- Employers can no longer prohibit their employees from using
cannabis outside work hours, as it will be a legal recreational
drug; however, employees may not be impaired at work or while
working.
- Employers will not be allowed to distribute, sell, encourage,
tolerate the use of cannabis or make it available to employees at
social events.
- Employees under the influence of cannabis at work-related
social events will have to be treated in a similar manner to
employees impaired by alcohol.
|
The
Workplace
There is no established and precise legal framework within Bill
C-45 regarding the use of cannabis in the workplace. General rights
and duties to keep in mind are:
- The employer's right of direction.
- The employer's duty to provide its employees with a safe
and healthy workplace.
- The employee's right to privacy.
|
In Each Province
Provinces have jurisdiction to regulate the possession,
production, consumption and distribution of cannabis. They could
choose to take the following actions:
Possession
limits: set lower limits
Age limit: raise the minimum age
of possession and consumption
Home cultivation: ban cultivation
for personal use |
Workplace
safety: set up a separate framework to
protect employees
Public consumption: set rules on
public consumption in conjunction with the municipalities |
To read this Report in full, please click
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About BLG
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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