Occupational Health & Safety Legislation Tracker

The objectives of the Act are to prevent young persons from accessing cannabis, to protect public health and public safety by establishing strict product safety and product quality requirements, and to deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework. The Act is also intended to reduce the burden on the criminal justice system in relation to cannabis. With regards to OHS policies, each province is mandated to introduce policies and regulations regarding cannabis and impairment in the workplace.

Section of this bill is Part 1 outlines the prohibitions, obligations and offences as it relates to possession, production and distribution of cannabis.

• It is prohibited for an individual who is 18 years of age or older to possess, distribute or sell cannabis of one or more classes.
• It is prohibited to obtain or offer to obtain cannabis by any method or process, including by manufacturing, by synthesis or by using any means of altering the chemical or physical properties of cannabis; or to alter or offer to alter the chemical or physical properties of cannabis.
• It is prohibited for individuals over the age of 18 to cultivate or harvest cannabis for illicit purposes. However, individual provinces have the authority to ban or restrict the cultivations of cannabis plants in households.
• It is prohibited to promote cannabis or a cannabis accessory or any service related to cannabis. Informational promotion is permitted under certain circumstances.
• Facilities used for sports or cultural events will be prohibited from displaying, as part of their name or otherwise, a brand element of cannabis or the name of a person that produces, sells or distributes cannabis.
• The Cannabis Act leaves much discretion to the provinces.

• Provide a complaint mechanism under Part III of that Act for employer reprisals
• Permit the Minister of Labour to order an employer to determine, following an internal audit, whether it is compliance with a provision of Part III and to provide the Minister with a corresponding report
• Establish an administrative monetary penalty scheme to supplement existing enforcement measures under Parts II and III of that Act.

• Specifically; sections 357, 358, 361 and 362, subsections 363(1), (3), (4), (7), 364(1) and (4), sections 366 and 367, subsection 368(2), and sections 369, 371, 372, 374, 375, 385, 388 and 389/

The federal Government published a proposal to establish three new criminal offences in order to strengthen the criminal law approach to drug-impaired driving in advance of the legalization of cannabis. These new offences would prohibit individuals from having certain levels of impairing drugs in their blood within two hours of driving.

These new offences would prohibit individuals from having certain levels of impairing drugs in their blood within two hours of driving. If passed, three new criminal driving offences related to being at, or over, a prescribed blood drug concentration (BDC) level within two hours of driving will be enacted as the following:

1. a summary conviction offence for low drug levels
2. a hybrid offence for higher/impairing drug levels
3. a hybrid offence for a combination of low BAC and low BDC.

The penalties for the proposed hybrid offences would mirror the penalties for the current hybrid offences for alcohol-impaired driving. They would be punishable by mandatory penalties of $1,000 for a first offence with escalating penalties for repeat offenders (e.g. 30 days imprisonment on a second offence and 120 days on a third or subsequent offence). The penalty for the separate summary conviction offence for a low BDC would be punishable by a maximum fine of $1,000. The BDC levels set out in the draft regulatory text in Annex A are intended to make it easier to prosecute drug-impaired drivers and to send a clear message to the public about the dangers of using impairing drugs while driving.

If Bill C-46 receives royal assent, the Government would seek Governor-in- Council approval for regulations establishing the new legal BDC offence levels, thereby allowing the offence provisions to be effectively enforced. To further facilitate enforcement, Bill C-46 would also permit a peace officer to demand a blood sample from a driver if they had reasonable grounds to believe that a driver was committing a drug-impaired driving offence.