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

Cannabis ActGovernment Orders

June 1st, 2017 / 7:35 p.m.
See context

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, the member for Cowichan—Malahat—Langford raised the point about 18-year-olds getting caught up with very serious charges, and the possibility of serious penalties, including extended periods of imprisonment. He touches on a reasonable point, which speaks to a broader point. When we look at Bill C-45, there is a whole lot of arbitrary cut-offs in the legislation when it comes to those who are 18 versus 17, or 12 versus 11. He is absolutely right in raising that as a point of concern.

With respect to the issue of making it a ticketable offence, I am in agreement with the hon. member that this is something that needs to be carefully looked at. In fact, it is the position of the Conservative Party that we should not move toward legalization but decriminalization, with a ticketing regime for small amounts of marijuana. I cannot speak for everyone, but I think the vast majority of members in the House and the vast majority of Canadians would agree that 17-year-olds or 16-year-olds or 20-year-olds should not be going to jail, and should not have criminal records potentially for the rest of their lives, or an extended period of time, because they were caught with a small amount of marijuana.

Cannabis ActGovernment Orders

June 1st, 2017 / 7:40 p.m.
See context

Liberal

Yves Robillard Liberal Marc-Aurèle-Fortin, QC

Mr. Speaker, I would like to congratulate my colleague across the way. I know he is an articulate guy, but I have not heard him say a single positive thing even though we have plenty of positive solutions.

Earlier, you said—

Cannabis ActGovernment Orders

June 1st, 2017 / 7:40 p.m.
See context

Some hon. members

Oh, oh!

Cannabis ActGovernment Orders

June 1st, 2017 / 7:40 p.m.
See context

Liberal

Yves Robillard Liberal Marc-Aurèle-Fortin, QC

Let me finish. People were talking earlier about communication. We have a program in the works. I have a suggestion for you as a former professor. We need to reach out to our Quebec professors too.

Cannabis ActGovernment Orders

June 1st, 2017 / 7:40 p.m.
See context

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, my colleague is not supposed to address other people directly. I think the tension will rise pretty quickly if this keeps happening.

Cannabis ActGovernment Orders

June 1st, 2017 / 7:40 p.m.
See context

Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

That is a very good point. If the hon. member could address the Chair, that would be great.

Cannabis ActGovernment Orders

June 1st, 2017 / 7:40 p.m.
See context

Liberal

Yves Robillard Liberal Marc-Aurèle-Fortin, QC

Mr. Speaker, they have to give us this one. I was in teaching for 16 years, so I did a lot of communications. If I went back to teaching, I would invite professors not just from Quebec but from all over Canada to get involved and put the information out there. We would see that young people are not that crazy after all.

Cannabis ActGovernment Orders

June 1st, 2017 / 7:40 p.m.
See context

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, the member talked about a public education campaign that he said was coming online. I think that is what he said.

The marijuana task force did not talk about a campaign that should come online sometime, somewhere, at some point in the future. Rather, what the marijuana task force recommended was an immediate and sustained education campaign on the very serious risks involved in the use of marijuana, particularly for youth, as well as on the misinformation that is out there, again particularly among youth, with respect to the use of marijuana. That is something the government has failed to do.

Cannabis ActGovernment Orders

June 1st, 2017 / 7:40 p.m.
See context

Whitby Ontario

Liberal

Celina Caesar-Chavannes LiberalParliamentary Secretary to the Minister of International Development

Mr. Speaker, it gives me great pleasure to talk about Bill C-45. Before I begin, I would like to let you know I will be splitting my time with the member for Glengarry—Prescott—Russell.

I am thrilled to speak about this piece of legislation, because I had the opportunity in March to invite the Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and member for Scarborough Southwest to my riding, to the wonderful town of Whitby. I would like to thank him for his dedication to this file, for coming to speak to community groups, and especially for coming to Whitby.

When he came to Whitby in March, he had the opportunity to have a round table with various individuals in our community. There were mayors and councillors from Whitby and the Durham region. There were police, fire, EMS, bylaw enforcement officers, health organizations and departments, mental health professionals, nurses, and individuals from Durham College and UOIT, which is the university in Durham region.

During that round table they had a number of questions, which I highlighted and which we indicated that with the tabling of the legislation should be answered. I want to answer seven of those questions today in my speech, but I also want to speak to the parents in Whitby. Whitby is a bedroom community and there are a lot of families within Whitby, and I would like to speak to the parents because I am a parent myself.

The first question they asked was about resources to the municipalities and how they would be compensated for security, safety, and building resilience. I want to let my colleagues within Whitby and the Durham region know that we will be investing additional resources to make sure there is capacity within Health Canada, the RCMP, the CBSA, and the Department of Public Health and Emergency Preparedness to license, inspect, and enforce all aspects of the proposed legislation. Some might be saying, “That's not municipalities, Celina.” I understand. I will get there.

The task force recommended that we work with provincial and territorial governments to determine a tax regime that includes equitable distribution of revenues. The bill provides legislation and authority via the various acts, but the government is committed to ensuring that law enforcement and our courts have the legislation, technology, training, and resources required to keep our roadways and communities safe. We have committed to invest the revenue into research, prevention, public education, treatment, and rehabilitation. I think that addresses some of the concerns we have in terms of our municipalities getting the resources.

The second question was around effectively enforcing the four-plant rule. The legislation would allow the municipalities to set conditions as to where and how cannabis can be grown within their jurisdiction. Whitby, as I mentioned, is a bedroom community. It is different from other communities, and not all communities are the same. It is a growing community. Therefore, giving the municipality the capacity to determine where and how cannabis can be grown is an important part of this piece of legislation.

The third question asks about the resources for public education for cannabis. We heard some of that debate here in the House. I would like to quote the Minister of Health.

She said yesterday and in her speech again today that our emphasis is on a public health approach to the introduction of the legalization of cannabis, and it is based on a strict regulatory regime. A public health approach means that we are sure to maximize education and minimize harm. Our government is committed to having a broad public education campaign for Canadians of all ages to the proposed legislation, including the penalties for providing cannabis to youth and the risks involved with consuming cannabis. We have committed $9.6 million in budget 2017 over five years, with $1 million per year in ongoing support of public education. The campaign will be focused on helping young Canadians to make the best choices for their future and to understand the risks and consequences of cannabis.

I would also like to quote the parliamentary secretary, who said, “Under decriminalization, cannabis remains unregulated and this means that users know little or nothing about the potency or the quality. ... As long as cannabis use is illegal, it is difficult [and often impossible] for health care or educational professionals to effectively address and prevent problematic use.”

This speaks to the task force recommendation for a comprehensive public education campaign. We have learned lessons from Colorado and from Washington, where their education campaigns used the revenues from cannabis to support that education campaign, and it happened too late. We are following the recommendations, and while I agree that we could have a more robust campaign, we are committed to public education.

The fourth question related to the additional revenues from cannabis going to treatment facilities. The Prime Minister has said that cash that flows to the public coffers from cannabis taxation should go to treatment of addiction, mental health support, and education programs, and not to general revenues. As a very strong advocate for mental health, I am particularly pleased with this approach, because we know that there is a slippery slope between mental health and addiction, and it is important to ensure that we are looking at treatment.

The fifth question was around setting the age at 18. I am a mom of an 18-year-old, as well as a 13-year-old and a nine-year-old, for that matter. Earlier this week, I had the opportunity to go back to Whitby and help my daughter get ready for her prom. It was a great moment, and I want to say congratulations to all the students across the country who are graduating, but in particular to the ones from All Saints in Whitby who attended prom with my daughter. Also, this weekend is the Brooklin Spring Fair, and while, like many others, I would be at the fair with my family during the day, many of our young people tend to go to the fair at night. The message that I have to my daughter and to all young people is not to use drugs.

I say so because currently it is untested, unregulated, and potentially unsafe. We would be naive to think that if we said, “Don't use drugs”, our kids would not use them, because we know that in Canada a high percentage of 18- to 24-year-olds use cannabis. In fact, it is 30% of the population. We want to make sure that when we are talking about 18-year-olds or above using cannabis, we understand that these individuals have reached the age of majority. They can vote. They can join the military. My daughter, in a couple of months, is going to be flying to England to go to school, and she will be living on her own. They have the capacity to make choices.

We are not encouraging the use of cannabis; we are saying that well-informed adults have the ability to make a decision on their own.

The sixth question was about data collection and surveillance. We have learned from Colorado's experience to establish good baseline data. The bill would permit the establishment of a cannabis tracking system. The minister spoke about surveys that would be going out, so there is that investment in research.

Last, what did we learn from other jurisdictions? Number one, we learned that we should take a public health approach and not a commercialization approach to cannabis. We have looked at making sure that we limit our young people's access to promotion of cannabis. We saw a couple of days ago that a young girl in Fredericton drank vaping fluid that was in a package that had rainbows on it. That would not be allowed with this legislation. Our public health approach is directed entirely at reducing both the social harms and the health harms.

As a parent, I firmly support this piece of legislation and I am thankful to the parliamentary secretary, the Minister of Health, and the Minister of Justice for putting forward this piece of legislation.

Cannabis ActGovernment Orders

June 1st, 2017 / 7:50 p.m.
See context

NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, the member mentioned being a parent.

As a parent, then, if one of her children had a criminal record because of marijuana use, because of simple possession of marijuana, does she think she would have appreciated the government including pardons for offences that will cease to be?

Cannabis ActGovernment Orders

June 1st, 2017 / 7:50 p.m.
See context

Liberal

Celina Caesar-Chavannes Liberal Whitby, ON

Mr. Speaker, what I do teach my children is to follow the law.

Right now, cannabis remains illegal. It is illegal to buy, to sell, to produce, to import, to export. The current laws remain in force. As a parent, I tell my daughter, who as I have mentioned is 18, not to use drugs. There will be a responsibility on her, if she were to break that rule.

I am not naive with my children. I am not going to give them a free pass to break the rules or break the law. The law is the law, and they should follow it. As a parent, I expect that from my children.

Cannabis ActGovernment Orders

June 1st, 2017 / 7:50 p.m.
See context

NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I will rephrase my question.

Of course, as parents, we all teach our children to obey the law. However, many young people have a criminal record because of an offence that will soon no longer be an offence.

I think it would have been better if the bill had solved this issue immediately. What is to be done with the criminal records of people arrested for simple possession of marijuana? The bill could have included provisions to wipe out these criminal records immediately. Unfortunately, that is not the case.

Does my colleague think that this issue should have been resolved instead of leaving it hanging? Ultimately, thousands of people will have to apply for a pardon, since this offence will soon no longer be an offence.

Cannabis ActGovernment Orders

June 1st, 2017 / 7:55 p.m.
See context

Liberal

Celina Caesar-Chavannes Liberal Whitby, ON

Mr. Speaker, the simple answer to that is no. It would be premature for us to have introduced decriminalization along with the legislation.

The legislation is in place to strictly regulate the use of cannabis, to get the profits out of the hands of criminals, and to reduce the impacts to our children and our communities. We introduced a couple of pieces of legislation, one that will legalize and one that will make enforcement of our laws, especially with driving, a lot more comprehensive.

I do not think we should have decriminalized at the same time as we introduced the legislation.

Cannabis ActGovernment Orders

June 1st, 2017 / 7:55 p.m.
See context

Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I thank the member not only for her speech but for one of the best experiences, quite frankly, I had while involved in the development of legislation and travelling across the country, which was the opportunity I was given when I received an invitation from the member to attend a round table she had organized.

At that round table, there were senior elected officials from the municipality, representatives of the police service, fire service, and public health, people who were involved in problematic substance use, and people who were involved in working with children and delivering services in their community.

For me, it was an extraordinarily good learning opportunity. It was also a great reminder about the important role that local officials will have in making sure that this works. I want to share with the House that at that meeting, what we encountered, as I had right across the country, was an overwhelming consensus that the current system is failing our kids and we must do a better job of protecting them, that it was completely unacceptable to leave this business in the hands of organized crime, which causes so much violence and victimization in our communities, and, finally, that we had a responsibility to protect the health of our citizens.

Upon reflection of that experience and her involvement in her community, does the member have any other advice for the government on how we might strengthen that relationship in working with local officials?

Cannabis ActGovernment Orders

June 1st, 2017 / 7:55 p.m.
See context

Liberal

Celina Caesar-Chavannes Liberal Whitby, ON

Mr. Speaker, I would like to thank my hon. colleague again for his work on this file, and in particular for coming to Whitby and talking to our municipal leaders.

We have taken a comprehensive approach to the legalization of marijuana with Bill C-45 and also with Bill C-46 to ensure that our communities are safe, to ensure that drugs stay out of the hands of children, to ensure that the packaging is done in a way that does not promote the use of marijuana, and to ensure that it becomes illegal to sell or use children to sell or promote the use of cannabis.

Having the community involved in this discussion and present questions is critically important. I thank the parliamentary secretary for his duty in doing so.