This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
Jody Wilson-Raybould Liberal
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment enacts the Cannabis Act to provide legal access to cannabis and to control and regulate its production, distribution and sale.
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.
The Act
(a) establishes criminal prohibitions such as the unlawful sale or distribution of cannabis, including its sale or distribution to young persons, and the unlawful possession, production, importation and exportation of cannabis;
(b) enables the Minister to authorize the possession, production, distribution, sale, importation and exportation of cannabis, as well as to suspend, amend or revoke those authorizations when warranted;
(c) authorizes persons to possess, sell or distribute cannabis if they are authorized to sell cannabis under a provincial Act that contains certain legislative measures;
(d) prohibits any promotion, packaging and labelling of cannabis that could be appealing to young persons or encourage its consumption, while allowing consumers to have access to information with which they can make informed decisions about the consumption of cannabis;
(e) provides for inspection powers, the authority to impose administrative monetary penalties and the ability to commence proceedings for certain offences by means of a ticket;
(f) includes mechanisms to deal with seized cannabis and other property;
(g) authorizes the Minister to make orders in relation to matters such as product recalls, the provision of information, the conduct of tests or studies, and the taking of measures to prevent non-compliance with the Act;
(h) permits the establishment of a cannabis tracking system for the purposes of the enforcement and administration of the Act;
(i) authorizes the Minister to fix, by order, fees related to the administration of the Act; and
(j) authorizes the Governor in Council to make regulations respecting such matters as quality, testing, composition, packaging and labelling of cannabis, security clearances and the collection and disclosure of information in respect of cannabis as well as to make regulations exempting certain persons or classes of cannabis from the application of the Act.
This enactment also amends the Controlled Drugs and Substances Act to, among other things, increase the maximum penalties for certain offences and to authorize the Minister to engage persons having technical or specialized knowledge to provide advice. It repeals item 1 of Schedule II and makes consequential amendments to that Act as the result of that repeal.
In addition, it repeals Part XII.1 of the Criminal Code, which deals with instruments and literature for illicit drug use, and makes consequential amendments to that Act.
It amends the Non-smokers’ Health Act to prohibit the smoking and vaping of cannabis in federally regulated places and conveyances.
Finally, it makes consequential amendments to other Acts.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
The Speaker Liberal Geoff Regan
Order. The member's time has elapsed.
I think all members agree that we need some sleep.
On to questions and comments. The hon. member for Marc-Aurèle-Fortin.
Yves Robillard Liberal Marc-Aurèle-Fortin, QC
Mr. Speaker, first, I would like to thank the member for her speech. It was a tad demagogic, but we have come to expect that from her.
I would like to end the evening on a good note. Through you, Mr. Speaker, I am asking my colleague to ask her colleagues, the other champions, to be more positive for the remainder of the session.
Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île dOrléans—Charlevoix, QC
Mr. Speaker, I do not accept anyone speaking to me like that. I have the right to express my ideas, that does not make me a demagogue. If my colleague does not respect women, that is his problem.
Someone talked about Al Capone and now I am being called a demagogue, even though demagoguery is a traditionally Liberal trait. I expressed my point of view, which is that I will not be supporting the bill because it is full of contradictions. I have never wanted the Minister of Justice to become Canadians' dealer.
Christine Moore NDP Abitibi—Témiscamingue, QC
Mr. Speaker, I would like to hear my colleague's thoughts about something that happened during the election campaign.
I was participating in a debate with young people in grades 9, 10, and 11 at a school in Notre-Dame-du-Nord. When these young people asked the familiar question of what our party would do for them, the Liberal candidate said a few words and then she added that her party planned to legalize marijuana. That is how she answered the question.
I would like to know what my colleague thinks about that answer.
Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île dOrléans—Charlevoix, QC
Mr. Speaker, I am astounded to hear that the candidate gave that answer at a high school debate. It seems to me that there are many things that the government could do for young people other than getting them high before they are even capable of making decisions.
That being said, the most important thing that we can do for young people is to educate them. They need to get the best education we can give them. The first thing that we need to do is to educate our young people, and we will not accomplish that by smoking pot.
When we talk to our young people, we need to give them hope for a better world. We should not necessarily tell them that they are going to be living in Care-a-Lot, but we should tell them that they are going to be living in a real world where they need to find jobs, be the best they can be, go to school, and have dreams. Being in an altered state is not the same as having dreams.
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
Mr. Speaker, speaking of altering things, will the Conservative Party be altering its stance on free votes? Will Conservatives be able to vote freely? We all know the member for Beauce said the vote on marijuana would be a free vote.
My colleague asked if we consulted Canadians. Absolutely. The Canadian Association of Chiefs of Police was consulted. The Barreau du Québec was consulted. The Canadian Association of Police Governance was consulted.
The Criminal Lawyers' Association was consulted. The B.C. Civil Liberties Association was consulted.
A whole bunch of Canadians were consulted. I cannot believe the Conservative Party is being so rigid. Will members on that side of the House be able to vote freely?
Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île dOrléans—Charlevoix, QC
Mr. Speaker, I want my colleague across the way to know that members on this side of the House can vote freely when the time comes.
What we saw during yesterday's vote on autism was not a free vote. Many members on that side of the House wanted to vote as we did, but they had to toe the line.
The House resumed from June 1 consideration of the motion that Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, be read the second time and referred to a committee, and of the amendment.
Mark Holland LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness
Mr. Speaker, it gives me pleasure to rise on this bill, particularly given the fact that the policies that pertain to cannabis have been nothing short of abject failures.
We have, over successive decades, let our young people down. In fact, if we look at the numbers, for the cohort from 15 to 19, there is a 21% prevalence in the use of cannabis. If we go the next cohort up, 20 to 24, it is 30%. It represents the highest level of cannabis use by young people on the planet. In fact, one-third of young people will try cannabis before the age of 15.
I know I have heard many times from members opposite that they are concerned about cannabis being in the hands of young people. The problem is that it is already happening, and it is already happening at higher levels than it is happening anywhere else on the planet. The only way we can categorize being dead last on the planet is as a failure, and certainly to me it speaks to the need to do something differently.
We cannot be ostriches on this. We cannot bury our heads in the sand and pretend the problem does not exist. It is not just our young people who are being let down. We spend $2 billion to $3 billion in the enforcement of these failed laws. About $7 billion or $8 billion of profit goes to illegal organized crime organizations that fund illicit activities. Having been on the Police Services Board in Durham region, and seeing the impact of grow-ops and the danger our front-line officers are placed in when trying to enforce these disastrously failed policies, I know first-hand just how much this change is needed. It is time to stop play pretend. It is time to stop ignoring this issue and to finally do something about it.
I look at the example of my time at Heart and Stroke, where I was the executive director, and what we did with tobacco. We targeted tobacco, and through a sustained effort of denormalization and public intervention, took prevalence rates among young people of well over 50% to half the level of where cannabis is today. Here is cannabis, an illegal substance, double that of a legal substance.
The example of what we did in tobacco with those campaigns on denormalization offer an excellent path for us to move forward. We know we have two objectives at the front of our minds. Number one is to keep cannabis out of the hands of young people, something we have done an abysmal job of doing to date. It is a total failure. Number two is to dry out the billions of dollars in illicit profit that is flowing to criminal organizations. If those are the two markers we want to go for, the bill takes us a long way in that direction.
I want to thank the task force on cannabis legalization and regulation, headed by the Hon. Anne McLellan, and the incredible work done by experts in public health, justice, policing, public safety and substance abuse, and mental health who came together and were instrumental in creating the bill. It would now make cannabis legal for adults. Thirty grams dried, either for personal use or to be shared, would be legal. Small quantities would be allowed to be grown, so if individuals wanted to grow marijuana, they would be able to do so. They could have four plants no higher than one metre in height per residence.
At the same time as we bring in that regime to legalize it for adults, we would bring in very strict regulations to keep it out of the hands of youth. That is particularly important, because the research shows us that cannabis is most deadly and most concerning for young people and their mental health. We will obviously have to invest in public education campaigns and the type of denormalization efforts we had for tobacco.
On top of that, for the first time, the bill would make it a criminal offence to sell to a minor. It would create severe penalties for anyone who engaged youth in cannabis-related offences. Very importantly, it would block marketing and advertising to children, something we should have done from day one when dealing with tobacco.
To make sure that a young person who makes an error is not burdened with a criminal record that would, frankly, wreak havoc on their later life—and unfortunately we see that all too often—minors who are caught with an amount under five grams would not get a criminal record.
Make no mistake: this bill would target full force the use of cannabis by young people. It would come down like a hammer on anyone who would seek to sell to or use young people, under an age determined by the provinces, in the conduct of anything having to do with cannabis.
On the supply side, this legislation would also bring in a number of important measures. One of the big concerns with cannabis today is that people who are purchasing it have no idea what they are getting. They do not know the level of THC or if anything else has been cut into it. The bill would ensure that the supply was safe, that it was securely cleared, and that it was federally licensed. For adults who make the decision to use it, the bill would ensure that it was done in a way that causes the least amount of harm.
Concurrent with this bill is Bill C-46. While that is a different bill, it is very important to mention that the two would work in tandem with one another.
Some have asked about driving impaired, as if the problem does not exist today. The problem, unfortunately, does exist today, and law enforcement has been given no tools to deal with someone who has been driving under the influence of drugs, not just cannabis. We know the deadly impact of impaired driving. We have made great strides in dealing with the impact of alcohol. Bill C-46 would go even further. It would make further advancements in public safety when it comes to drinking and driving.
Bill C-46, for the first time, would set up a regime. The government would be providing resources to ensure that law enforcement had the ability to recognize and charge anyone who was driving high. That is an important part of the fabric of this bill.
I want to state in closing that the balance in public safety between, on the one hand, ensuring that illicit, dangerous substances are kept out of the hands of people generally, and on the other, ensuring that when the regime we have is not working we find a different path, is incredibly important. What we are seeing here with respect to cannabis is that appropriate balance. We are making sure that young people are protected. We are making sure that we keep cannabis out of their hands and that we have robust education to tell them about the damage cannabis can do to a developing mind. On the other hand, we are looking at the fact that existing policies have been complete failures. When almost a third of the population is using it, it is time for a different approach.
Rachael Thomas Conservative Lethbridge, AB
Mr. Speaker, the hon. member talked about the need for robust education with regard to marijuana use, particularly among young people. I would agree with him that this seems to be a very important provision that should be within this piece of legislation going forward.
The interesting point is that the Liberals are allocating less than $2 million per year for public education on marijuana, and that funding is not going to be implemented until right before the legislation comes into effect on July 1, 2018. It seems a little late in the game to start educating the public when it is in tandem with the legislation itself.
I wonder if the hon. member could comment on how this would provide robust education.
Mark Holland Liberal Ajax, ON
Mr. Speaker, what we are doing here today is setting out the framework for regulating and legalizing marijuana. What is going to follow is the exact plan to ensure that public education is furthered.
We do not want to do what, unfortunately, was done by the previous government, which was to provide nearly no dollars for public education on health at all. I look at the rates of tobacco use and how that impacts young people. The national tobacco strategy was thrown in the garbage. The dollars that were put in every single year for public education to make sure that young people did not smoke tobacco were not expended at all.
It is time to turn the page on a dark time that occurred in public health awareness. We want to do that not only on cannabis but on tobacco and public health issues in general.
Alistair MacGregor NDP Cowichan—Malahat—Langford, BC
Mr. Speaker, the member made mention in his speech of dropping the hammer down on anyone who operates outside the way Bill C-45 is written, and Bill C-45 certainly has some harsh punishments. Someone over the age of 18 who distributes to someone who is younger could face up to 14 years in prison for an indictable offence. If it is a summary conviction, it could be $5,000 or a term of six months.
If we have a household where pot plants are allowed to be grown, and we have an inadvertent situation where someone over the age of 18 accidentally lets that marijuana get into the hands of someone younger, how are we making sure we are not dropping the hammer on a family unit and possibly sending a parent or guardian to jail for something that happened by accident? I just hope the government has taken that into consideration and maybe has a plan to deal with it.
Mark Holland Liberal Ajax, ON
Mr. Speaker, going back to the number I stated during my speech, that roughly one-third of children under the age of 15 will try marijuana, that is an abhorrent statistic. Any parents or guardians who are going to have cannabis in their possession need to be incredibly careful about where that cannabis is and how they contain it. That is already a circumstance existing today. Unfortunately, it is easier for a young person today to get a joint than to get a cigarette or a bottle of beer. That is a circumstance we have to change.
I hope the bill sends the clearest possible message that we have absolutely no tolerance, none, zero, for anyone who seeks to sell this product, or drugs generally, to children. It is an abhorrent act, particularly when a young person has a developing mind. That is why we recognize in this legislation that we need to draw a thick black line to say that it is totally and utterly unacceptable. There is a major difference between an adult who makes the decision to use cannabis and a child who is at risk and exposed.
Cannabis ActGovernment Orders
June 2nd, 2017 / 12:30 p.m.
See
context
Winnipeg North Manitoba
Liberal
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Mr. Speaker, one of the things I found striking was the fact that when we compare Canada's rate of youth who have used cannabis to any other country in the developed world, I am told that we are the worst country. In other words, it has not worked over the last decade.
Is it not safe to say that for the first time, we have a government that is really dealing with the issue of protecting our young people and dealing with the issue in terms of criminality?