Canadian Legislative News

On October 17, 2018, recreational cannabis became legal in Canada. Subject to provincial or territorial restrictions, adults who are 18 years of age or older are legally able to possess up to 30 grams of legal cannabis, buy cannabis products from a provincially licensed retailer, and grow up to four cannabis plants per residence for personal use.

The first days of legalization were marked by long lines at stores, a high volume of sales online, and shortage signs. Experts in the cannabis industry are predicting shortages as the supply chain is not geared yet to support the demand. Consistent across all provinces and territories, cannabis is available through private or government-run online stores. However, there are distinctions across the country with respect to age limits and retail models.

For fleet managers, it should be paramount to inform employees of both the new law and restrictions, especially around impaired-driving. Fleets that have not already developed policies that ensure the health and safety of all employees at work and on the road should consider doing so.

Many Canadian employers have reviewed and updated their corporate policies to comply with legalization. Employees in safety-sensitive and high-risk jobs have seen an outright ban on recreational cannabis use. (Air Canada, for example, has banned consumption for pilots and aircraft maintenance workers both on- and off-duty.)

Policies are mixed for police forces across the country. Calgary prohibits usage by officers on- and off- duty, but Vancouver prohibits consumption 24 hours prior to reporting for duty.

Quebec and Manitoba have prohibited cannabis cultivation in private residences contrary to the federal law. The newly elected Quebec government has also promised to increase the legal age of consumption from 18 to 21. Much remains unclear, especially with the issues around illegal dispensaries establishing themselves across the country, roadside impairment testing, and workplace impairment.

In preparation for legalization, the federal government approved a saliva road-side testing tool to be used by police forces to test for THC (tetrahydrocannabinol, the principal psychoactive constituent of cannabis). It has also pledged $161 million over the next five years for law enforcement training and drug-testing equipment. Many police departments have rejected the use of the device citing cost and issues around the accuracy and invasiveness of the test.  These will rely upon field sobriety test and will train with drug recognition experts.

The regulations will provide some guidance on how to prosecute drug-impaired drivers but as it stands right now, there is still debate on what levels of THC in the blood should constitute an offense.