Legal Updates

For more information contact Workplace Safety & Prevention Services wspslegislation@wsps.ca 1 877 494 WSPS (9777) The content provided is for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind and should not be used as a substitute for consultation with a professional legal advisor. Users of this information who require legal advice are advised to contact their own legal counsel regarding any specific legal issues or before making any decision or taking any action. WSPS does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. In no event will WSPS be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site. Page 2 LEGISLATION BRIEFING Although criminal law is within the jurisdiction of the Federal government pursuant to the division of powers set out in the Constitution Act, other matters (e.g. property rights) are within the jurisdiction of the provincial governments. Accordingly, the Cannabis Act leaves much discretion to the provinces. The provincial governments will license and oversee the distribution and sale of cannabis, subject to minimum conditions as set by the federal government. In Ontario, Bill 36 Cannabis Statute Law Amendment Act, 2018 has been introduced and outlines specific regulations for the use and distribution of recreational cannabis in the province. On the same day that Bill C‐45 was introduced, the federal government also tabled Bill C‐46 an Act Respecting Cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts. The purpose of Bill C‐46 is to amend the Criminal Code to address the prosecution of drug and alcohol impaired driving, modernize and simplify the transportation provisions and strengthen the criminal law responses and investigation. Bill C‐46 also received Royal Assent on June 19th, 2018, with In Force dates pending. What could this mean for you? All employers are encouraged to increase their knowledge and understanding of the components of Bill C‐45. With respect to workplace hazard assessments, it is imperative that employers take into consideration the occupational health and safety implications of cannabis use in the workplace. Employers are encouraged to develop a comprehensive workplace health and safety program in which safety culture has a pivotal role. Some employers may seek to understand certain exemptions that apply with respect to cannabis utilized for medical purposes and the establishment of new policies and/or augmentation of existing policies as they relate to substance abuse in the workplace. Discussions regarding safety sensitive positions and impairment will continue to grow now that legislation has passed. WSPS has a number of experts that can offer guidance and help answer your questions about policies, programs and prevention of injury/illness in the workplace as they relate to impairment from cannabis use. Some of the ways we can assist, whether in‐person or online, include: Creation or revision of policies and programs As with any legislative change, WSPS can assist with the establishment or revision of policies and programs so that they meet federal and provincial occupational health and safety requirements. Guidance on how to address the potential risk for impairment ‐ We can provide customers with guidance on how to address the potential risk for impairment as part of a hazard/risk assessment. Referrals to reputable third‐party providers We can refer you to reputable third‐party providers for services and resources that go beyond our mandate We encourage those interested to track updates on the WSPS OHS Legislation Tracker. For additional questions in regards to the legislation and available resources please don't hesitate to contact WSPS Customer Care or send an email to wspslegislation@wsps.ca.

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