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OHS Updates 2018-06-21 5 min read

Bill C-45 Passes Final Vote

Recreational Marijuana Use to be legal on October 17, 2018.

On Tuesday June 19, 2018, Bill C-45 for cannabis legalization was passed in less than 4 hours with a final vote of 52 to 29. The Bill still requires Royal Assent, which is scheduled for July 21. The new legislation will allow adults in Canada to legally possess and use small amounts of recreational marijuana within the legislative guidelines.

Prime Minister Justin Trudeau made the announcement on Wednesday that recreational marijuana will be legal across Canada on October 17, 2018. This more than 3 months past the original July 1, 2018 estimated date of legalization, however, the date was extended to allow the provinces time to set up retail establishments and get their online systems up and running.

The current prohibition and laws for cannabis remain in place until the implementation date of October 17, 2018. The new federal law will still prohibit minors under 18 years of age from using, possessing or purchasing marijuana, however provinces and/or territories may set a higher minimum age. The limit for public possession is federally mandated at 30 grams of dried marijuana. Although some provinces, such as Alberta and Quebec, will allow for larger amounts of dried marijuana to be kept at home.

The new legislation will also allow adults to grow up to four marijuana plants at home. Regarding the rejected Senate amendment to allow provinces to prohibit growing marijuana at home, the Federal government has stated they do not intend to challenge the provinces that plan to move ahead with a ban on growing pot at home and it will be up to individuals that wish to do so to challenge the provincial laws. Quebec, Manitoba and Nunavut have all expressed concerns with allowing the growing of marijuana in residential homes.

With the passing of Bill C-45, many employers are wondering how this will affect their businesses and employees. Under current Alberta OHS law, employers have the right and obligation to manage workplace impairment, including from cannabis use, to ensure health and safety. Employers may implement impairment testing and discipline policies consistent with safety-sensitive roles and must address any impairment that poses a hazard, regardless of cannabis legalization. Safety Ahead is wondering, as many employers are, as to how this will affect companies as well as how Alberta legislation will change. Stay tuned for more information!

Please see below information provided by CTV News for Provincial Policies on pot use.

ALBERTA

Age: 18+

Where to buy: Privately-run storefronts plus government-operated online sales.

In Alberta, adults may grow up to four cannabis plants per household indoors. Outdoor cultivation of cannabis plants is prohibited under provincial regulations.

Where to smoke?: Only where tobacco may be smoked.

Alberta does not impose additional possession limits inside private residences beyond federal limits; however, possession limits of 30 grams apply in public spaces as per federal law.

BRITISH COLUMBIA

Age: 19+

Where to buy: Both government and privately-run storefronts and online sales.

Grow your own?: Up to four plants, out of public sight.

Other notes: Landlords can restrict cultivation and smoking on their properties.

MANITOBA

Where to buy: Privately-run storefronts and online sales.

Grow your own?: Not permitted.

Where to smoke?: To be determined.

Other notes: Legal age is one year above the legal drinking age. It’s prohibited to sell cannabis to someone who is impaired by alcohol or other substances. Municipalities will be able to hold referendums to ban retail stores.

NEW BRUNSWICK

Where to buy: Government-operated storefronts and online sales.

Grow your own?: Up to four plants.

Where to smoke?: Only on private property and in private residences.

Other notes: 11 cannabis stores will be open in July. No possession limits in private residences. All cannabis must be securely locked up at home.

NEWFOUNDLAND AND LABRADOR

Where to buy: Privately-run licensed storefronts plus government-operated online sales.

Grow your own?: To be determined.

Other notes: Government-run liquor stores will sell cannabis in some smaller municipalities. Private online sales may be permitted in the future.

NORTHWEST TERRITORIES

Where to buy: Privately-run liquor stores and government-operated online sales

Where to smoke?: On private property and in private residences. Smoking will also be allowed on trails, highways, streets, roads and in parks when they are not in use for public events.

Other notes: Cannabis will initially be sold through liquor stores. Individual communities will be able to enact cannabis restrictions and/or prohibitions. Landlords will also be able to declare their properties smoke-free.

NOVA SCOTIA

Where to smoke?: Only where tobacco may be smoked, subject to landlord restrictions.

Other notes: Cannabis will be sold alongside alcohol at 12 provincial liquor stores.

NUNAVUT

Where to buy: Online sales.

Grow your Own?: Up to four plants.

Other notes: The government of Nunavut does not plan to open a physical store in 2018.

ONTARIO

Other notes: 40 cannabis stores will be open in July. 150 will be in operation by 2020.

PRINCE EDWARD ISLAND

Other notes: PEI will have four government-owned retail locations for cannabis in 2018 in Charlottetown, Summerside, Montague, and West Prince.

QUEBEC

Where to smoke?: Only where tobacco may be smoked, with the exception of university and CEGEP campuses.

Other notes: 15 cannabis stores will be open in July. 150 will be in operation by 2020. Users will be able to keep up to 150 grams at home.

SASKATCHEWAN

Where to buy: Privately-run storefronts and online sales

Grow your own?: Up to four plants, subject to landlord restrictions

Where to smoke?: Only on private property and in private residences, restricted use around minors

Other notes: Number of retail licences issued will be restricted for first three years of legalization.

YUKON

Other notes: At least one cannabis store to be opened in Whitehorse in July. Private retailers may be allowed in the future. Landlords will be able to ban marijuana use.

Resources

CTV News Edmonton

Parliament of Canada


Frequently Asked Questions

Recreational marijuana will be legal across Canada, including Alberta, starting October 17, 2018. Recreational marijuana has been legal across Canada, including Alberta, since October 17, 2018.

Adults in Alberta can grow up to four marijuana plants at home, but outdoor growing is banned. Alberta OHS legislation does not regulate home cultivation of marijuana; federal law permits adults to grow up to four marijuana plants per residence, but employers should be aware of workplace safety obligations related to marijuana use.

Marijuana can only be smoked where tobacco smoking is allowed in Alberta. Alberta's smoking laws, including where marijuana can be smoked, are governed by provincial tobacco and smoking legislation, not Alberta OHS law.

The impact on employers is still unclear as provincial legislation will clarify employer and employee rights regarding marijuana use; employers should stay tuned for updates. Alberta employers have clear obligations under OHS law to ensure workplace safety, including managing impairment risks related to marijuana use; employers must have policies and procedures to address impairment and ensure safe work environments.

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Written by

Safety Ahead Team

Alberta-based safety consultants with decades of field experience — COR auditors, OHS advisors, and WCB specialists working with employers across the province.

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In this article

  • Age: 18+
  • BRITISH COLUMBIA
  • Age: 19+
  • NEW BRUNSWICK
  • NEWFOUNDLAND AND LABRADOR
  • NORTHWEST TERRITORIES
  • Where to buy: Privately-run liquor stores and government-operated online sales
  • NOVA SCOTIA
  • PRINCE EDWARD ISLAND
  • Where to buy: Privately-run storefronts and online sales
  • Grow your own?: Up to four plants, subject to landlord restrictions
  • CTV News Edmonton
  • Parliament of Canada
  • Frequently Asked Questions

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