Cannabis Act

An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

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.

Elsewhere

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.

Votes

June 18, 2018 Passed Motion respecting Senate amendments to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Passed 3rd reading and adoption of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (recommittal to a committee)
Nov. 21, 2017 Passed Concurrence at report stage of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Passed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Failed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (reasoned amendment)
June 6, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:40 p.m.
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NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I never get tired of listening to what my colleague opposite has to say. I must admit that I was due for my fix because it had been a while since I heard him speak. It feels good. We are indeed in the House of Commons, he is speaking, and all is well.

I want to know if he realizes that his government once again promised the moon during the election. They came here and said that everything would be fine and that there would be a gender-balanced cabinet.

Am I the only one who noticed that most of the ministers of state in their cabinet are women? Now the Liberals are backpedalling saying there is equality because they get the same pay.

Is it not obvious that it is women who hold these minister of state positions?

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:40 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member across the way will never convince me that the minister responsible for small business and tourism is a junior minister, given that small and medium-size businesses are the backbone of Canada's economy. Stephen Harper had it wrong. If he genuinely believed that small business was important, he would have done what the current Prime Minister did. I would have treated the then minister of state for the status of women the same and elevated that. They should all be equal, and the legislation would do that. We should be proud of that fact.

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:40 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, Prime Minister Harper at the time lowered small business taxes, which is the best way to help small businesses, not adjusting the pay of ministers.

I want to go back to my performance-based pay example and ask a question of the parliamentary secretary.

It seems that every time the Liberals talk about openness and transparency, they end up fleecing the taxpayer more, which triggers parliamentary investigations or the failure to appoint potential candidates to the position of official languages commissioner.

Why are we talking about raising the pay of certain ministers instead of lowering the pay of all ministers to that of those ministers who do not earn as much? Why does the taxpayer always wind up paying more instead of less?

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:40 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, given the amount of time I have, I will pick up on two points. The member made reference to taxes and small businesses.

Need I remind the member that when we reduced the tax on the middle class of Canada by hundreds of millions of dollars, which affected over nine million Canadians and their families, the Conservative Party voted against that. That put hundreds of millions of dollars back into the pockets of Canadians. By doing that, we increased the disposable income of those Canadians, which allowed more Canadians to spend money in small businesses. What does a small business want more than anything else? It wants customers, and this government has delivered on all points.

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:40 p.m.
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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, Canada has historically drawn a distinction between ministers of the crown and ministers of state based on the scope and scale of the work in their portfolio. For example, small businesses and tourism are important components of the Canadian economy. Indeed, they are important enough to warrant a voice in cabinet dedicated to representing their interests. However, speaking up for small business and tourism during policy discussions in cabinet is not the same as overseeing a volume of case work, which for example the minister responsible for Service Canada supervises. Nor is it the same as being responsible for the budget overseen by say, the Minister of Immigration, Refugee and Citizenship.

The distinction between full ministers of the crown and ministers of the state is based on the requirements and responsibilities of the position, not how useful or how important a given policy area is, and certainly not on demographic characteristics of the office-holder.

This distinction is lost on the Liberals. In this bill, they are attempting to justify officially changing the title of various ministers of state to full ministers. They claim that just changing the names and salaries but not the responsibilities of ministers of state somehow make them equivalent to full ministers. This is not only disingenuous; it is actually insulting to the ministers of state in question.

When this bill first came up for debate, the opposition House leader accurately observed that it insulted someone to actually appoint him or her to an important but subordinate position, a position without a deputy minister, without a dedicated department, and without the sort of budget that accompanies a full ministry and then tell him or her simply that the positions were equal because they would have the same title and the same salary. It makes the position appear equivalent on paper, but not in fact. The government should be honest with its ministers of state and honest with Canadians.

The discussion about equality between ministers is a distraction from the much more pressing matter contained in the bill. The more substantial concern raised in the bill is democratic accountability by ministers for funds they are supposed to supervise. Indeed, it is a shell game. It is a bait and switch, mere window dressing to cover for their plans to reduce democratic accountability by rolling six regional development agencies into one minister's office.

Before I continue, Mr. Speaker, I plan to share my time with the member for Richmond Centre.

These six agencies represent very different regions with unique challenges and opportunities, which is the core reason why these agencies exist.

I do not question the Minister of Innovation, Science, and Economic Development's capabilities. He seems like a talented and capable man. However, being responsible for so many areas at one time will pull him in too many directions, and that reduces ministerial oversight. If the minister himself cannot direct sufficient attention to these disparate portfolios, the task will end up falling to unelected staffers and unelected civil servants. That is not good for democratic accountability.

Canadians elect members of Parliament who serve as ministers. They do not elect staff or civil servants. If staffers and bureaucrats end up mismanaging funds for regional development, it will then be as a result of the minister not being able to have adequate oversight, thus there is no loss of democratic accountability.

Accountability for tax dollars is not just important to Conservatives; it is important to all Canadians. The real effect of the proposed changes to the Salaries Act has nothing to do with salaries. It is a bait and switch. It has everything to do with centralizing spending power in Ottawa and reducing democratic accountability for the spending.

Earlier in the debate on the bill, the member for Yukon expressed his disappointment that the House was devoting significant time to debating it at all. He said way back in October that he thought we would not need to talk about the bill and was surprised the opposition was prepared to debate it. I wonder what he would have thought then that we are debating this at 9:45 on a Wednesday night in June.

Tinkering with titles and salaries for positions may seem like small potatoes to some members, but these seemingly small changes do matter to Canadians, and people will inevitably wonder why newly elevated ministers of the crown have no departments, deputy ministers, or designated budgets. Canadians are not impressed, and will not be impressed, by empty honours and titles without commensurate responsibilities.

The measures of the bill and the disdain for discussion, which the member opposite displayed during the first period of debate, further provide evidence of the current government being out of touch with Canadians.

Instead of heading regional development agencies with ministers from the regions, the Liberals are handing over significant spending power to unelected civil servants and one over-worked minister from Mississauga.

The Liberals say that they want more consultation and consensus. Then they say that they want to listen to Canadians. Then they say that they want to co-operate with the provinces and municipalities. Then they go and abolish the regional ministers who keep these communication channels open. Rolling these development agencies into one minister's portfolio also abolishes regional voices in cabinet.

Previous governments routinely appointed these regional ministers as liaisons between cabinet, the provinces, and municipalities.

Living in the regions and in the municipalities gave regional ministers skin in the game, which distant bureaucrats and one single member from the GTA will lack. Without regional ministers, mayors and councillors will not have a dedicated regional level person to whom to provide their perspective on the needs and opportunities of their jurisdictions.

For a government which constantly boasts of holding consultations, abolishing regional ministers demonstrates a lack of interest in listening to local advice on how best to allocate funding. In fact, when the government says that it is holding consultations, it increasingly looks like a stalling tactic, delaying making a tough decision.

When the government wants to get something done, it usually just puts the bulldozer blade down and does it, just like when it ran over the mortgage and housing industry with mortgage rule changes in October last year, which were done without consulting anybody. However, when it wants to delay a tough decision or maybe not make a decision at all, it can hold consultations that last for months at enormous expense to the crown, such as it did with democratic institutions before breaking that promise.

Previous governments knew that regional ministers strengthened our federal system by giving regions a voice at the cabinet table.

Bill C-24 also asks Parliament to let the Liberals create three new ministerial level positions with portfolios to be determined later. They want us to authorize spending without knowing what it will fund. That is like asking for a blank cheque. It is like asking for a sizeable loan and telling the bank that we have no business plan, no major purchase in mind, but we are sure we will find a way to spend the money. We cannot do this with the government at a time of out-of-control spending, broken promises on deficits, mounting debt, and complete abandonment of an election promise to balance the budget by 2019. We are not going to give the government any more blank cheques.

Canada does have precedents for ministers without portfolio. They could be appointed as needed. They do not have to have space carved out long in advance just in case the government wants a particular minister at a particular time. At a time when the government is demonstrating that it cannot be trusted to manage public funds prudently, we cannot agree to these new ministries.

Canada does not need fully staffed ministries for sport, democratic reform, or small business and tourism with whole departments and deputy ministers backing them. These are important areas and it is important that there are cabinet voices at the table, but they are well served by ministers of state.

Canada does not need retroactive paper equality in its cabinet. Nor do we need ministers with blank portfolios to be filled later. Instead, we need democratic accountability and financially transparent ministers whose work we can understand now. We do not need an ever-bigger and more centralized government ruling distinct regions from Ottawa. We do not need unaccountable and unelected staffers and bureaucrats directing funds for regional development. Instead, we need attentive ministerial oversight on spending. We need responsible representation from regional ministers with strong ties to the communities they serve.

Perhaps the member for Yukon was right, that we ought not to spend a lot more time, while we are in extended sitting hours, on this legislation. We should just defeat it promptly and move on to other areas of priority.

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:50 p.m.
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Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, I find it a little rich when I hear the member talk about regional ministers and ministers of state. I recall the Stephen Harper government and James Moore was the regional minister for Western Canada. We never went to the minister of state for western economic diversification. We went to Colin Metcalfe in British Columbia. Ontario had a minister of state for FedDev but nobody went to that minister. They instead went to Stella Ambler, who was the director of regional affairs and worked for the minister of finance.

I find it a bit rich that the member says we need a regional minister. Back then, we still went to staff. We did not go to an elected official.

What does the member have against having minsters recognized at the cabinet table on the same level playing field as their other colleagues? I find it a bit rich that the member talks about unelected officials being unaccountable.

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:50 p.m.
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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, that is the bait and switch. This is not really about who is equal at the cabinet table but about centralizing power, and in this government, the only place one goes to get a funding decision is to Gerald Butts.

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:55 p.m.
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NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I thank my colleague for his speech.

This is certainly a head-scratcher. What drives the government to come up yet again with something like that, something that is clearly just for show?

It is not clear to me and I just wanted to make sure that my colleague truly felt this was an urgent matter. I hope that all the parties know that parity, equality in terms of the proportion of men and women in cabinet, is a priority for both the ministers and the ministers responsible, right?

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:55 p.m.
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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, the gender of a minister or a minister of state should not matter. If they are a minister with the responsibilities of a minister, they should be paid as such, and if they do not have departments to run and all of the things that attend with those same responsibilities, they should not be paid as such.

Much of the bill is simply a distraction from what they are really doing with the consolidation of decision-making.

If I correctly understood the part of his question urgency, here we are with a bill that was tabled last June, debated a couple of times, and pushed down in October. Here we are, following a couple of days of debating motions on legislation that has already passed while under extended sitting hours. Here we are, moving on to the middle part of the night, talking about something that with better House management could have perhaps been dealt with much earlier.

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:55 p.m.
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Liberal

Michael Levitt Liberal York Centre, ON

Mr. Speaker, we have a feminist Prime Minister. We have laid out gender equity as a priority for our government. It is a priority for Canadians. We have a gender-balanced cabinet. We have a pay equity bill. Why should the Minister of Status of Women not be on a par with other ministers? This is clearly a priority for the government.

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:55 p.m.
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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, of course, by that logic they could simply lower everyone else. I reject the premise that everything always has to be about raising salaries.

This is again the distraction. The point is not what the department is or what the gender of the holder of the office is. It is about having a minister paid to do a minister's work, or a minister of state doing the work of a minister of state and being paid as such.

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 9:55 p.m.
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Conservative

Alice Wong Conservative Richmond Centre, BC

Mr. Speaker, I am pleased to rise again this evening to speak to Bill C-24, regarding the Salaries Act.

This bill aims to change five important aspects of ministerial roles and designations. These include the creation of new positions, the removal of several important positions, the creation of legal backup for departmental support for these new mystery positions, the transfer of authoritative powers, and the correction of references to the Minister of Infrastructure.

There are two prominent aspects of this bill that I would like to speak to tonight. The specific changes proposed in Bill C-24 that I will mention are particularly relevant to me, my riding, my province, and also my experience as a parliamentarian. In the previous government, I served as a minister of state, the role in question in this legislation, and I represented Richmond Centre, a riding in British Columbia, which used to have a regional ministerial representative at the cabinet table until the Liberals came to power.

As a result, this legislation directly impacts my riding, and I believe that my own experience has allowed me to have a good understanding of what is at stake in Bill C-24.

Let me start by addressing the first prominent aspect: raising the salary of ministers of state, who are women in the current Liberal cabinet, to be equal with full ministers. There should be more than that for it to be truly equal.

Here is my own experience. As the minister of state, I had my own team and budget, but I worked closely with the minister of employment. The most notable difference between a minister and a minister of state is that the latter does not have a deputy minister devoted to the file. Additionally, a minister of state does not manage the same departmental budget or have the same authority as a minister.

The Liberals are claiming that the changes in this legislation are just simple changes aimed at addressing equal pay. The reality, however, is that this is just Liberals being Liberals, just like a duck that quacks like a duck and walks like a duck is a duck.

I am always supportive of equal pay for equal work. I would not have minded being paid more as a minister of state. I did an excellent job, not because of the pay but because of an excellent staffer and because of my passion. I was able to protect seniors. I was able to create legislation with help from the Prime Minister to make things really happen. It did not matter if I was called a minister or a minister of state as long I was doing the job. I was proud of my ministerial position.

I am always supportive of equal pay for equal work. Unless these roles are made to be full ministers with the authority, responsibility, and departments that are required of all other files, I do not believe they will accomplish true equality. Moreover, we believe in a merit-based system. We believe in giving women an equal chance based on their hard work and abilities, not by appointing them to fill a quota just because they are women.

This legislation shows the government is only seeking to elevate their positions and salaries for political purposes, rather than using a merit-based system that would mean much more in helping to empower women.

I would also add that the government chose to appoint only women to the minister of state roles. That was its decision, and it does not exactly fall in line with the government's gender parity rhetoric.

Had the Liberals thought about that even before they appointed all the ministers, they would have appointed all the women as full ministers. If the Liberals really believed in elevating women, they should have been given full ministerial positions, as I said. Is the government claiming the only way to elevate women is by appointing them to an inferior position and then elevating that position?

Let me discuss the other issues in this same bill.

The present Liberal government is neglecting the unique challenges and needs of regional issues in British Columbia and, truly, across the country. My province of British Columbia provides tremendous opportunity. We are proud of the role we play as Canada's gateway to the Asia-Pacific. However, with this great potential for growth, we are also presented with challenges that other parts of the country do not face. British Columbians are eager to overcome these barriers, but they do not see a government willing to support their efforts.

Stakeholders of our terminals are looking forward to exporting resources, while remaining committed to balancing economic growth with caring for our coastal waters.

In addition to opportunities presented with exporting resources, the tourism and the tech sectors are also expanding rapidly. We have a younger generation that is underemployed, but they are educated and eager to join the workforce. By not recognizing the need to address these issues by appointing a cabinet minister to take on this role, the Prime Minister is failing the people of British Columbia. He has also failed all the western provinces, which share similarities in their resources and challenges and the need for strategic planning in their economic growth.

I know that my province and region is not the only one feeling the effects of a lack of representation at the cabinet table. There has been significant discussion regarding representation of the Atlantic provinces and the apparent lack of funding and opportunities. In a report put forward by the Liberal Atlantic caucus, the members acknowledged that people have indicated that standard processing times have tripled due to the wait on ministerial approvals for things like programs or funding. I fear this will only continue for other regions. I would encourage the government to listen to its own Atlantic members and bring back proper regional representation.

We are always open to hearing ways to make government operate more efficiently. However, removing key regional ministers is a failure to recognize the unique needs of the different regions of the country. The Liberals' top-down approach to governing does not make government more efficient; rather, it is neglecting those it claims to be helping. Local jobs are at stake in B.C., and the Liberals are playing politics to make cabinet fit its agenda rather than listening to needs of local people.

I will also note that the removal of these positions is counteracted by the addition of new roles, for some of which we do not even know the titles.

I still remember how wonderfully our minister for western diversification had been working tirelessly for all the western provinces in the days when we were in government. That was the time when we could market our products collectively overseas and that was the time when we were able to create record-breaking full-time jobs. Trade is the number one job creator. Small businesses, as has been mentioned, are depending a lot on our trade opportunities.

Let me get back to the first prominent aspect of the bill. The Liberals are claiming equality to justify this bill. Equality has nothing to do with it. If the government truly wanted equal positions for every minister, the bill would have included the other appropriate changes. Simply changing the pay does not change the role or level of work.

In Bill C-24, the Liberals have also opted to leave out regional representation for no apparent reason. I believe my experiences show exactly why the changes outlined in Bill C-24 are unnecessary, and I strongly urge the government to reconsider its decision to eliminate the role of regional ministers.

I believe it is irresponsible to assume that a single minister from Ontario can appropriately represent all the region-specific concerns, despite what I presume are his best efforts. I hope the government will recognize these concerns and choose to continue with the appointment of regional ministers, as has been the tradition for many decades.

Pat Carney, who was Brian Mulroney's B.C. regional minister in the 1980s—

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 10:05 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

I am afraid the hon. member is out of time.

Questions and comments, the hon. member for Guelph.

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 10:05 p.m.
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Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, I have been listening throughout the course of this discussion to try to understand the viewpoint of the other side. We have contrasting management systems: the Stephen Harper Conservatives top-down approach; and the current Government of Canada approach, which is across all regions of the country, with gender diversity and all backgrounds, all at the table as one voice. We are recognizing that formally through what we are proposing in Bill C-24, where all ministers would have not only an equal voice but equal pay for equal work.

Could the member look at what we are seeing from our side and comment on a model of equal pay for equal work?

Second ReadingCannabis ActGovernment Orders

June 7th, 2017 / 10:05 p.m.
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Conservative

Alice Wong Conservative Richmond Centre, BC

Mr. Speaker, as I mentioned earlier, I have no problem with equal work or equal pay. However, Bill C-25 has not addressed the other equal supports. If only the salaries are raised, without giving these now full ministers the true support they need, it is just window dressing. That is why this should have been taken out of this bill and discussed in greater detail. Being Liberals, they are very good at lumping everything together so that if members vote against the whole bill, they would be voting against, for example, pay equity for women.

Had they been really serious right at the beginning, they would have given to these ministers of state who are women full support. Why wait 18 months to do that?