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

November 21st, 2017 / 4 p.m.
See context

Liberal

Colin Fraser Liberal West Nova, NS

Mr. Speaker, it is a pleasure to speak in support of Bill C-45 at report stage debate. This historic legislation represents a positive first step in the complex process of legalizing, strictly regulating, and restricting access to cannabis.

Since the introduction of the bill, it has been emphasized that the approach proposed by the bill is grounded in the basis of public health and public safety, including the goal of keeping cannabis away from young people.

Consistent with the commitments to protect the well-being of Canadians, our government introduced companion legislation, Bill C-46, which targets those who drive while impaired by drugs. This distinct piece of proposed legislation would strengthen the criminal law response to drug-impaired driving and help to increase the safety of our public streets and roads.

In its consideration of Bill C-45, the Standing Committee on Health heard from the Ontario Public Health Association that “impaired driving is a leading criminal cause of death and injury on our roadways, and cannabinoids are among the most common psychoactive substances found in deceased and injured drivers in Canada.”

Despite having made progress in deterring and reducing the amount of alcohol-impaired driving over the past decades, statistics indicate that drug-impaired driving is actually increasing.

I am fortunate enough to be a member of the Standing Committee of Justice and Human Rights. We studied the companion legislation to Bill C-45, that being Bill C-46. It is obvious that there is a problem on our roads today with drug-impaired driving, and the problem under the current system keeps getting worse.

According to Statistics Canada, of the more than 72,000 police-reported impaired driving incidents in 2015, almost 3,000 of those were related to drugs. This may not seem like a large proportion, but when we consider that this is double the amount of drug-impaired driving incidents since just 2009, the upward trend becomes very worrisome.

According to a recent publication by the Canadian Drug Policy Coalition, 20% of cannabis users self-report as having driven at least once within two hours of using cannabis.

Another recent study based on the Victoria healthy youth survey in British Columbia indicates that 64% of males and 33% of females who were heavy users of cannabis reported that they drove while drug impaired.

The Ontario student drug use and health survey of 2015 reported that the percentage of drivers in grades 10 to 12 who reported driving after consuming cannabis was higher than those who reported driving after consuming alcohol. This survey further indicated that an estimated 29,500 adolescent drivers in Ontario alone drove within one hour after consuming cannabis within the previous year.

I think I can speak for all of us when I say that I find this to be very troubling. The fact that driving while impaired by drugs is currently a criminal offence punishable by a mandatory minimum fine of $1,000 on a first offence does not seem to be a sufficient deterrent for an increasing number of drivers.

However, the penalty is not the whole answer anyway. What is clear to me and what the preponderance of the evidence demonstrates is that it is the fear of getting caught that acts as the real deterrent to impaired driving.

Given the current statistics on cannabis consumption before driving, I am fully supportive of the government's approach to strengthen the criminal law framework addressing drug-impaired driving. The proposals on impaired driving would authorize a new tool for police officers to better detect drivers with drugs in their body. These devices would determine whether a driver had certain drugs in his or her oral fluid, including THC, which is the impairing compound in cannabis.

The presence of THC in oral fluid is a strong indicator that cannabis was recently consumed and therefore provides useful information to a police officer who is conducting a roadside investigation. Again, what is essential here is that people will know they will be much more likely to get caught if they drive while impaired by cannabis. This will act as a real deterrent and keep our roads safer.

While reviewing Bill C-45, health committee members heard from the public safety minister who recognized “Essential to this new regime is engagement with and support for police and border officers to ensure that they have the tools they need to enforce the law.”

To this end, the government recently announced an investment of $274 million to support law enforcement and border efforts to detect and deter drug-impaired driving and for enforcement of the proposed cannabis legalization and regulation scheme.

Provinces and territories will be able to access up to $81 million over the next five years for new law enforcement training and to build capacity and enforce new and stronger laws related to drug-impaired driving.

The impaired driving bill also proposes new legal limit offences for drugs and driving. Once these offences are enacted, the crown would no longer have to prove that a driver was impaired by a drug if an analysis of their blood showed that they had a prohibited level of drugs in their body. This legal efficiency would provide a much more timely way to prosecute and punish those who choose to mix impairing drugs with driving activity.

I am pleased to note that one of the proposed offences prohibits certain levels of alcohol and THC which, as I indicated earlier, is a particularly impairing combination of substances. This proposed offence would send a strong message against driving after mixing cannabis with alcohol.

In my view, the proposals to address drug-impaired driving are a positive reflection of the government's broader approach to cannabis legalization in that they represent a cautious, public safety-driven response with the ultimate goal of public protection.

To reiterate the remarks of the Minister of Public Safety to the health committee:

...cannabis impaired driving is happening on our streets right now. The faster we get the right tools, the funding, the training, and the legislative and regulatory authorities in place, the safer Canadians will be. Legislative delay does not make the problem go away or get better.

At committee, amendments were adopted to require a review of both Bill C-45 and Bill C-46 three years after coming into force and to table reports before Parliament on the results of these reviews. This would allow the government to clearly communicate the impacts of the new legislation and to determine whether future changes are necessary.

I am pleased to recognize the substantial efforts of the government to fulfill two of its key platform commitments to legalize cannabis and also, importantly, to create new and stronger laws to apprehend and actually deter those who would otherwise drive while under the influence.

In conclusion, it is critical to underscore the objectives of Bill C-45, which is designed to legalize, strictly regulate, and restrict access to cannabis. With the highest usage of young people using cannabis in the developed world, it is clear the current system is not working. We must make it harder for young people to access cannabis, take business away from criminals, and put public health and safety front and centre. That is what Bill C-45 does and that is why all members should support this important legislation.

Cannabis ActGovernment Orders

November 21st, 2017 / 3:50 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Thank you, Mr. Speaker. It was indeed a bit distracting.

First, we are concerned, as I think everyone here is, about the use of marijuana by children and young people, and recognize there must be no advertising of these products to them. We are happy to see that Bill C-45 recognizes these concerns as well.

Second, there must be a taxation strategy that produces a long-term revenue stream for programs that promote public health, education, and research. One of the big problems with the criminalization of marijuana is that it has made research into its effects, particularly its long-term effects, very difficult. Hopefully, legalization in this country will stimulate serious research on this critical issue and, hopefully, there will be sufficient funds provided by the government to ensure that this research can take place.

Third, there must be legislation in effect to deal with drivers impaired by marijuana. This is covered under Bill C-46, which has already passed the House. I stated my concerns about this issue during debate on that bill earlier. Suffice it to say that I was disappointed with the government's faith in roadside saliva testing, which will not relate to impairment at all and will undoubtedly result in charges being laid against people who are not impaired. I hear that there are already groups lining up to challenge that bill in court.

However, our main concern with the marijuana legalization route the government has taken is that it has not considered immediate interim decriminalization of simple possession of marijuana, or at least allowing discretion on the part of prosecutors and police not to enforce an unjust law. Here we have a government that was elected on a clear promise to legalize marijuana, and yet two years later courts across the country are still giving people criminal records for simple possession. On the one hand, the government is saying that using marijuana is okay, and on the other hand, it is ruining people's lives, often those of young people, visible minorities, and racialized Canadians, by giving them criminal records for using marijuana. It does not make sense. It is really a cruel injustice.

Also, it is clogging our courtrooms for no good reason. We are seeing more and more real criminals go free because they cannot get a trial in a reasonable time frame. We should be looking for ways to clear up the courtroom logjam, and stopping the prosecution of simple possession charges would be an obvious place to start. We should also be pardoning Canadians who have a criminal record based only on past convictions for simple possession of small amounts of marijuana. These people have a very hard time finding work because of their criminal records and cannot cross borders, yet we are now saying that what they did was not criminal at all and, in fact, will now be completely legal. Let us pardon them so they can get on with their lives.

I want to change gears a bit and talk about some of the lessons we might have learned from alcohol prohibition. Marijuana became illegal in Canada back in 1923 at about the same time alcohol was illegal. Alcohol prohibition was rather short-lived and alcohol consumption was made legal again in most provinces by 1930. However, early regulations made consumption of alcohol not much fun. When I was growing up in British Columbia, there were separate entrances for men and women in beer parlours, people had to be sitting when they drank, could not listen to music, and certainly could not dance. Things have changed, and I think most people would agree that the earlier restrictions seem rather silly now, and certainly were not effective in curbing public intoxication.

Beer was once produced only by large, monolithic brewing companies, but now we have hundreds of small craft breweries springing up across the country. They not only produce good beer, but provide good jobs and diversify the economy of many small towns. In my riding, we also make the best wine in Canada. There are hundreds of small wineries in B.C. and Ontario, and a growing number in other provinces. The wine industry is a huge part of the economy in my riding, not only through the sales of wine but also by boosting the tourism industry that is so important in the Okanagan Valley.

What most people like about small estate wineries and small craft breweries is that they are small. They produce diverse products. People can go to meet the people who make the wine and beer. A lot of it is made from organic products, and many advertise the small ecological footprint of their operations.

A lot of my constituents say they feel that Bill C-45 will be like prohibition 2.0. This is not what they voted for when they voted for marijuana legalization. They do not want to buy marijuana from huge companies that produce huge quantities of product in indoor facilities that use a lot of power and pesticides to keep production levels up.

I recently met with a group of farmers and business people in my riding who want to grow marijuana on a smaller scale. They would like to grow outside, using sunlight instead of indoor grow lamps and heaters. They want to grow outside so they go organic. They will not have to use the chemicals needed to keep indoor plants free from fungus. They would like to grow co-operatively, each farming maybe a hectare of highly secure land and processing the crop at a central location for distribution. It sounds great. It sounds like the 21st century. It is allowed just across the border in neighbouring Washington state, but all of this would be illegal under Bill C-45.

In committee, the NDP moved 38 amendments to improve the bill and one amendment would have given the provinces the option to create their own licensing frameworks, such as those to allow for craft growers and small producers. The government side voted every one of these amendments down.

I agree that we need to legalize marijuana. We need to get the industry out in the open, away from gangs and organized crime. We need to tax it so we can fund the education, research, and health programs necessary to deal with drug use and addiction that are already so prevalent in our country. However, restricting the production of marijuana so tightly by making producers grow indoors and banning co-operative ventures, we will be incentivizing an ongoing black market that will defeat the original purpose of the bill.

Therefore, let us learn from alcohol prohibition. Let us not go back to 1930 for legalizing marijuana. Let us regulate it in a modern and intelligent way so Canadians who wish to use cannabis can do so in a practical, safe, and healthy manner.

Cannabis ActGovernment Orders

November 21st, 2017 / 3:50 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I am happy to speak today to Bill C-45, the legislation that would legalize marijuana in Canada. I will say off the top that I support the legalization of marijuana and will be supporting this bill in general, but I have some concerns about the process it maps out for regulating the marijuana industry across this country. I spoke to this bill at second reading, but I want to say more now that it has passed committee, and I have heard from more constituents about it, and we know more details of the government's intentions regarding marijuana legalization.

In the interest of full disclosure, I will say that I represent the beautiful riding of South Okanagan—West Kootenay, where it is public knowledge or at least widely recognized that the production of marijuana has been an important part of the local economy of my region for many years. I do not have any precise figures on its economic impact, since it is a black market. Certainly it is used widely, as I can attest after door knocking throughout my riding. It is because the government recognizes this widespread black market and recognizes that marijuana is used by many Canadians for both medical and recreational purposes that it has brought forward this bill to regulate marijuana, so that it will be used as safely as possible and that the economic activity it generates can be properly taxed.

We in the NDP support the legalization of marijuana, with some caveats. First, we are concerned, as I think we all are here—

Cannabis ActGovernment Orders

November 21st, 2017 / 3:35 p.m.
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Liberal

Chris Bittle Liberal St. Catharines, ON

Mr. Speaker, I am pleased to speak today in support of Bill C-45, the proposed cannabis act as amended by the Standing Committee on Health. I support this legislation, in particular because Canada's historic approach to dealing with cannabis is simply not working. My remarks today will focus on why the status quo is failing Canadians, especially our youth.

Cannabis has been prohibited in Canada since the 1920s and is currently listed as a controlled substance in schedule II of the Controlled Drugs and Substances Act. The prohibition of cannabis has not led to abstinence. As the Minister of Health stated at the Standing Committee on Health hearings on Bill C-45:

...cannabis has become the most commonly used illegal substance in Canada. Today 21% of our youth and 30% of our young adults use cannabis. Our youth have the highest prevalence of cannabis use when compared with peers in other developed countries.

This clearly shows that significant numbers of Canadians are using cannabis in the face of prohibition. One would conclude from these numbers that the prohibition approach is not impacting the consumption patterns for cannabis use.

In the face of such non-medical use of cannabis, what has been the impact of the prohibitionist approach? As heard by health committee members, the impacts of the existing approach have been, first of all, to sustain a cannabis industry run by organized crime; second, to jeopardize public health and public safety; and finally, to subject recreational users of small amounts of cannabis to unwarranted criminal liability.

The link between organized crime and the illicit cannabis market is well known. Cannabis is the most trafficked drug in the world. Organized crime groups are more than happy to supply the general public with cannabis.

The Standing Committee on Health heard from the public safety minister, who said:

Canada's non-medical cannabis industry is entirely criminal. The illegal cannabis trade in this country puts $7 billion annually, perhaps more, into the pockets of organized crime. Over half of Canadian organized crime groups are suspected or known to be involved in the cannabis market. Canadian law enforcement spends upwards of $2 billion every year trying to enforce what is currently an ineffective legal regime.

We know that organized crime groups pose a significant threat to public safety and negatively affect the daily lives of Canadians. These groups are tied to illegal activities, such as drug trafficking, prostitution, theft, and human trafficking, and have a violent and corrupting effect on the communities and cities where they operate.

The minister also noted:

With legalization and regulation, we can enable law enforcement resources to be used more effectively, and we can dramatically reduce the involvement of and the flow of money to organized crime.

The overall impact of organized crime groups in Canada extends beyond the obvious and immediate threat of these activities. Unseen impacts include greater costs for law enforcement and the justice and correctional systems, costs that are typically borne by all Canadians.

I would acknowledge that organized crime is not going to disappear from Canada by virtue of the passage of Bill C-45. Organized criminal activity in Canada is a multi-faceted problem that requires a broad-based, integrated response. That said, the current approach to cannabis has clearly been failing on many fronts for close to a century, and that continues to bolster the profits of such criminal organizations. Our government recognizes this and has acted.

Another impact of the failed prohibition approach to cannabis is on public health and public safety. During the Standing Committee on Health's study of Bill C-45, we heard from witnesses who emphasized the need to act now and end the current prohibition.

During its testimony, the Canadian Public Health Association stated:

The proposed legislation and eventual regulation is our best attempt to minimize those harms and protect the well-being of all Canadians.

I briefly noted earlier the threats to public safety posed by the existence of organized crime groups in our communities, but there are many more aspects of public health and public safety in the context of the illicit cannabis market. The existence of clandestine grow ops operating in communities across the country serves to damage properties and threaten the safety of our neighbourhoods. Such grow ops create risks due to mould, improper electrical installation and the associated fire hazards, unchecked use of pesticides and fertilizers, and break-ins and thefts, all of which result in dangers to neighbouring residences and first responders.

The current mechanism through which Canadians can access cannabis leaves much to be desired. The risk to cannabis consumers is heightened in the context of cannabis supply, which is unregulated and not subject to any quality control or packaging requirements clearly indicating the potency of the product. Currently, cannabis consumers do not know what they are getting, and there is no framework to promote the safety of the cannabis supply. Simply put, the cannabis being sold today is unregulated, untested, and often unsafe.

Dispensaries continue to operate illegally across Canada in defiance of our laws. The existence of clandestine grow ops highlights the need for a new approach, one that will ensure that adult Canadians who choose to consume cannabis will have access to a quality-controlled supply that is subject to national standards and contributes to minimizing the potential harms.

Finally, I would like to address the impact that the current prohibitionist approach has had on a significant number of our citizens, many of whom have been labelled as criminals because of their personal decision to consume cannabis. In 2016, there were nearly 55,000 cannabis-related offences reported to police. This is more than half of all police-reported drug offences. This resulted in approximately 23,000 cannabis-related charges being laid.

The criminal records that result from these charges are, in many cases, more than the individuals deserved for their actions. These individuals may often have difficulty finding employment and housing as a result, and may have been prevented from travelling outside Canada. Furthermore, the criminal justice system resources required to deal with many of these minor infractions inhibits the system from devoting resources to more serious matters.

To deal with criminal charges and records, the opposition would simply have us decriminalize cannabis. Let me be clear: decriminalization will not work. It will not achieve our objectives of taking cannabis out of the hands of our youth and the profits out of the hands of criminals.

Through Bill C-45, our government is proposing a better approach. With Bill C-45, our government has introduced legislation that would strictly regulate and restrict access to cannabis. Bill C-45 would deter illegal activities in relation to cannabis through appropriate sanctions and enforcement measures. Bill C-45 aims to protect the health of young persons by restricting their access to cannabis, all the while ensuring that Canadian adults are able to legally possess, grow, and purchase limited amounts of cannabis across Canada.

Based on that, I would encourage all members to support Bill C-45 as amended.

Cannabis ActGovernment Orders

November 21st, 2017 / 3:20 p.m.
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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

One member across the aisle is chuckling and saying they are trying it right now. This legislation would even allow them the opportunity to have it legally in their home, and we know many more will try it. Maybe he will laugh at that as well.

They do it now, they will do it then, and they will do it even more; the member is right. They may get hurt if they manage to get greater access to it. I really believe that the Liberals have not thought out the long-term consequences of what they are doing. Many constituents have written me with concerns about these very types of scenarios.

The Liberals speaking in this debate continue to say our current marijuana laws are not working. Indeed, that is what the member just hollered across the hallway: “They are trying it now”. My constituents say that, if they are doing it now, Bill C-45 is not an answer to anything. How can police determine what marijuana has been purchased legally and what marijuana has been obtained from criminal organizations, the dealers? They cannot. The Liberals are not helping our police with that question and many more.

Our border guards will also face a major dilemma. We have already heard about the lineups at border crossings. We have also heard that patrol dogs at Canada's border crossings can detect marijuana. Many vehicles will be held up in long lines for many hours as our border agents try to find out what the particular vehicle has in it that the dog is reacting to. Sometimes the agents will be satisfied that the vehicle merely had an occupant who had smoked marijuana a day or two before. The agents will find out that the driver of the vehicle may not be intoxicated and there are no drugs or marijuana in the vehicle now, but they may find that out after an hour of searching. It has taken a long time for the border agents to do their job.

It will not be the Canadians' fault. They are trying to comply. It will not be the border agents' fault. It will not be the dogs' fault. It will be the Liberals' fault. It will be the Liberals who have to deal with the long lineups, and already we have lineups. The delays will be longer and longer. Trade between Canada and the United States, our largest customer, will be at risk and will slow down. The border will become thicker.

Knowing the health risks, are we not trying to discourage Canadians from smoking tobacco? The answer is yes. We see health agencies and government agencies continuously trying to do it, so why now would the Liberals try to allow Canadians to smoke marijuana? We know baked goods are not included in the bill. Goods baked with marijuana, such as cookies, brownies, and candies, all pose a major concern to Canadians, but they will not be allowed. There will be people who decide to bake with marijuana, if they have access to it, and people may consume it without even being aware.

The Canadian Medical Association has said that cannabis has a significant impact on mental development. The Canadian Paediatric Society considers that young people using marijuana up to age 25 are jeopardizing their mental health, yet the government rushes through.

Bill C-45 proposes to regulate and legalize the production, possession, and distribution of marijuana across Canada. The Liberals want to impose it by July 1, 2018. Canada Day will be the celebratory day for the Liberal Party, as then it would be legal. Stakeholders across this country are saying, “Please do not rush this legislation”. The Liberals will not allow another six months or any extra time. That is their deadline. They have moved closure today.

Clauses 8 and 9 of the legislation state that an individual can possess or distribute four cannabis plants that are not budding or flowering. Children in the household would have access to marijuana.

Bill C-45 states the quantity of marijuana that children may legally possess. Paragraph 8(1)(c) says that children under the age of 18 are prohibited from possessing the equivalent of five grams of marijuana or more. A child under the age of 18 can use or distribute marijuana as long as he or she has less than five grams.

I have already heard from families with children who have been using marijuana and now have developed schizophrenia. They are concerned about this. They believe it triggers something that causes the disease.

I see that my time is up. Again, I would caution the government. It is moving too fast and does not know the ramifications. It has not studied where it has taken effect in the States, and there are problems.

Cannabis ActGovernment Orders

November 21st, 2017 / 3:20 p.m.
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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, I am pleased to have the opportunity to stand in this House today to speak in opposition to Bill C-45, the Liberal government's bill to legalize marijuana. I say I am pleased to speak to it because this is perhaps one of the most controversial bills that the current government has brought forward; very seldom have we seen new drugs being legalized in this country. I am pleased to speak to it because my constituents have spoken to me about it, but also because there are very few members in this House who will have an opportunity any longer to speak to this, because earlier today the government moved time allocation. The Liberals moved closure so they could rush this legislation through. Many different groups are telling them to slow down, and they went in the opposite direction and decided to rush it. That is what the government is trying to do. It is trying to bring forward full legalization of marijuana.

With full legalization, the Liberals know the fears. They know the concerns around rushing. They know the adverse effects it would have on children, and they know that others who are most susceptible to the dangers of marijuana would now have greater access to it. This bill is not about decriminalization. The Liberal government is not proceeding slowly on the legalization of marijuana. It is not proceeding carefully on this file. The government has been warned by many groups that it is moving too fast and it should not.

We are debating the release of a narcotic on the people of Canada. This past week, we have seen that the provincial government in Quebec unveiled legislation that would severely curtail what the Liberals in Ottawa have planned for the entire country of Canada. On the other hand, we have seen the NDP provincial government in Alberta unveil the most liberalized of all provincial pot legislation that provinces have brought on; the NDP in Alberta has gone even further. Again I will repeat that by far the majority of constituents who have emailed, phoned, and stopped into my office to talk to me from Battle River—Crowfoot are opposed to the full legalization of marijuana.

That being said, many of my constituents are not opposed to the decriminalization of marijuana. That is, many of them believe that some young individuals who have been caught with a joint or with one marijuana cigarette should perhaps not be given a criminal record for life. However, that does not mean that we have to put the entire population of our country at risk by giving the go-ahead to our Canadian society, and that is what the Liberal plan is.

Everyone knows that marijuana can be a powerful intoxicant. It impairs judgment. It impairs a person who drives a vehicle or operates a tractor or any other type of equipment. We know, according to Perrin Beatty and the Canadian Chamber of Commerce, that it would have an adverse effect on productivity in the workplace; it would be diminished, not enhanced. Innocent people would be hurt, and some would be killed. This is the record of the states and areas that have legalized marijuana.

The Canadian Medical Association says that our youngest Canadians are going to be placed at risk because their mental capacity and their brains are still developing until after the age of 25. After the legislation, moving forward, there would be marijuana available to the youngest children in homes across Canada. Parents, perhaps even grandparents, could buy marijuana and have it at home. Again, it would become more accessible for young children. Members can bet their boots that young Timmy and Jane are going to do everything they can to get hold of “one of those marijuanas” and try it. They will be determined, just as children are. We have seen it with alcohol and with tobacco. They will try it.

Cannabis ActGovernment Orders

November 21st, 2017 / 3:10 p.m.
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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Mr. Speaker, it is a pleasure to continue my remarks on Bill C-45. As I shift into my discussion and the details of the legislation, I would like to take a moment to pay tribute to the former deputy prime minister of Canada and former member of Parliament for Edmonton Centre, the hon. Anne McLellan. Her work, and the work of her task force, has laid a foundation for a new legislative regime that will make Canada a leader in the safe regulation of recreational cannabis.

Let me share some of the details found in the legislation. Under the existing regime, which has been in place since 2014, Health Canada is responsible for licensing and overseeing cannabis producers. These producers are required to operate within the regulations to provide quality-controlled cannabis to registered patients. This rigorous licensing process ensures, for example, that entrants to this market have gone through a thorough security check and that producers have appropriate physical security infrastructure in place. Canada also has a world-class compliance and enforcement regime intended to ensure that licensed producers fully comply with the rules in place.

Over the course of the last year, a licensed producer in Canada was inspected an average of seven to eight times, for a total of approximately 274 inspections. In May, 2017, Health Canada announced it will require all licensed producers to conduct mandatory testing for the presence of unauthorized pesticides in all cannabis products destined for sale. This adds to the system of controls in place that oversee the quality of federally regulated cannabis products. This experience will have a direct impact on the health of Canadians who may choose to use this product.

Believe it or not, a large number of Canadians who get cannabis on the black market cannot rely on quality control regulations. This bill is about safety. It is working when it comes to medical cannabis, and it is going to work under this framework. The commercial industry now has more than four years of experience and serves over 200,000 active patient registrations. This licensed production under the medical regime provides a solid basis to support cannabis production under the bill.

With the world-renown regime for producing cannabis for medical purposes, the government is on solid ground to successfully move to a new approach to cannabis that would better protect Canadians.

Our government has been working and will continue to work very closely with provinces, territories, municipalities, and indigenous communities to support the implementation of this new framework. In fact, I had a meeting with councillors from my own city of Edmonton, who met with the parliamentary secretary for the minister of justice on this file. It was a very frank and open conversation about the work the Government of Canada will be doing with the province and with the City of Edmonton. This collaboration will be critical to ensuring that all the pieces are in place to support the success of the new approach. We are pleased to note the progress being achieved by our provincial and territorial partners in developing their respective approaches.

Canada is a federal system. Provinces and territories will and must have a key role to play in the success of the new system. They would be responsible for the oversight and regulation of the distribution and retail sale of cannabis, in close collaboration with municipalities.

In cases where provinces or territories do not have a fully functional retail sales system in place once the bill takes effect, adults will be able to buy cannabis directly from the authorized federal producer by ordering it online for secure home delivery by mail or courier.

Industry representatives have indicated they are getting ready to support the timely implementation of the new regime and to ensure that high standards are met in the production of regulated product. A representative for the Cannabis Canada Association, Colette Rivet, pointed out:

Licensed producers are eager to work in collaboration and compliance with the federal and provincial governments to quickly establish effective, low-risk distribution and retail models that are well regulated, highly secure, and tailored to the needs of each province.

Upon the coming into force of the bill, adult Canadians would have access to a range of quality controlled products, including dried cannabis, fresh cannabis, and cannabis oil, which could be consumed in a number of different ways. In jurisdictions that have legalized cannabis, these products constitute the largest part of cannabis products sold on the market.

Our government also recognizes the need to permit the legal sale of cannabis edible products and cannabis concentrates as part of the federal framework as soon as possible. While it would be irresponsible to further delay the implementation of the framework to legalize, strictly regulate, and restrict access to cannabis, it would be equally irresponsible to move in a rush when it comes to regulating edible cannabis products and concentrates. Experience in other jurisdictions, such as Colorado, as well as expert testimonies heard during the hearings of the committee, have underlined the unique health and safety challenges and risks associated with these products. Under this proposed timeline, the government would not have to rush to put these novel cannabis products on the market at the expense of public health and safety.

As I mentioned earlier, the existing system is a failure. It is a failure at keeping cannabis away from Canadian youth. It is a failure to Canadians who have faced criminal sanctions for something as simple as possessing a joint. It is a failure to health professionals who are prevented from having honest conversations with patients who hide their cannabis use because of its criminalization. It is a failure to Canadians who face the risk of purchasing cannabis on the black market.

The time has come for Canada to adopt a new approach. The time has come to bring cannabis use out of the black market and into a safe and regulated market that will protect Canadians and keep cannabis out of the hands of youth. I am proud of the work of the Standing Committee on Health in this matter, proud of the work of the department, and proud to stand as a member of this government in seeing that cannabis is safe and legally regulated in Canada.

The House resumed consideration of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, as reported (with amendment) from the committee, and of the motions in Group No. 1.

MarijuanaOral Questions

November 21st, 2017 / 3:05 p.m.
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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I am pleased to stand up to speak to Bill C-45, which is currently being debated. Our government has been and will always be committed to moving forward to legalize, strictly regulate, and restrict access to cannabis in order to keep it out of the hands of children and the proceeds out of the hands of criminals. We are going to continue to work collaboratively with the provinces and territories and municipalities, based on the robust consultation that we have done through the task force through engaging with Canadians, to ensure that we have a robust framework for the legalization and strict regulation of cannabis in July 2018.

Report StageGovernment Orders

November 21st, 2017 / 1:55 p.m.
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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Mr. Speaker, I am honoured to rise to speak in the House today in support of Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts. In my remarks today I would like to focus on why a new approach to cannabis is needed in this country and why we need to act now.

The evidence is clear. The current approach is simply not working. All that it has managed to achieve is to unduly criminalize Canadians for possessing small amounts of cannabis and to encourage them to engage with criminals in order to consume products of unknown origin, potency, quality, and safety. It has also allowed criminals and organized crime to profit.

What the current model does not do is protect Canadians, especially young people, against the risks and dangers of using cannabis.

Although cannabis has been illegal for decades, the usage rate among young Canadians is one of the highest in the world.

We cannot allow this to continue. A new approach is required as soon as possible to better protect our youth and to make sure that adults have access to products that are quality controlled and have known origins, and so that they no longer run the risk of having a criminal record for possessing or sharing small amounts.

During the hearings at the Standing Committee on Health, Mr. Ian Culbert, the executive director of the Canadian Public Health Association, said:

Unfortunately, we don't have the luxury of time, as Canadians are already consuming cannabis at record levels. The individual and societal harms associated with cannabis use are already being felt every day. The proposed legislation and eventual regulation is our best attempt to minimize those harms and protect the well-being of all Canadians.

Any further delay in implementation would simply perpetuate a system that is already failing to protect the health and safety of Canadians. This is exactly why our government is committed to bringing the proposed legislation into force no later than July 2018. Upon the coming into force of Bill C-45, Canadians who are 18 years of age or older would be able to possess, grow, and purchase limited amounts of cannabis for personal use. This would mean that the possession of small amounts of cannabis would no longer be a criminal offence, and it would prevent profits from going into the pockets of criminal organizations and street gangs.

The bill would, for the first time, also make it a specific criminal offence to sell cannabis to a minor and would create significant penalties for those who engage young Canadians in cannabis-related offences.

Canada is more than ready for a new approach that will better protect the health and safety of Canadians. As my colleagues are well aware, Canada has already gained valuable experience that will help us create a sound framework for cannabis legalization and regulation. We already have a system in place that provides access to medical marijuana, and that system is recognized as one of the best in the world.

Let me share some more of the features of that system we are building upon. Under the existing health regime that has been in place since 2014, Health Canada is responsible for licensing and overseeing cannabis producers. These producers are required to operate within strict regulations to provide quality-controlled cannabis to registered patients. This rigorous licensing process ensures, for example, that entrants to this market have gone through a thorough security check and that producers have appropriate physical security infrastructure in place.

Canada also has a world-class compliance and enforcement regime intended to ensure that licensed producers fully comply with the rules in place.

Report StageGovernment Orders

November 21st, 2017 / 1:55 p.m.
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Liberal

Leona Alleslev Liberal Aurora—Oak Ridges—Richmond Hill, ON

Mr. Speaker, Bill C-45 is about taking leadership. It is about setting a new standard. It is about taking the next step in Canadian public health and safety. If not now, then when? It is our responsibility to address a public safety and health issue that is in front of us and is affecting our youth. We do not have the luxury of time. Now is the time to address something that is at the core of our safety.

Report StageGovernment Orders

November 21st, 2017 / 1:40 p.m.
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Liberal

Leona Alleslev Liberal Aurora—Oak Ridges—Richmond Hill, ON

Mr. Speaker, I am pleased to rise today to speak in support of Bill C-45,an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts.

As my colleagues have pointed out a number of times, the current approach to cannabis is not working. It has put money in the hands of criminals and organized crime and failed to keep cannabis out of the hands of young Canadians.

The fact that cannabis is a controlled substance has not stopped Canadians from using it. In 2015, approximately 12% of Canadians reported consuming cannabis in the past year. For young adults between the ages of 20 to 24, that rate is more than double at 30%. The vast majority of Canadians are obtaining cannabis products from the illegal market. This cannabis is produced without regard for public health and safety, often in clandestine circumstances, with no oversight over how it is produced, no testing for dangerous or unhealthy contaminants, and no requirements whatsoever with respect to appropriate safeguards, factual and accurate labelling, or child-resistant packaging.

That is why our government is moving to enact this legislation. It would better protect the health and safety of Canadians by providing access to a legal and quality-controlled supply of cannabis, while implementing strict controls to restrict youth access to cannabis.

On the illegal market, cannabis products are often grown, produced, stored, and sold without regard for public health and safety or accountability to the consumer. The products may be contaminated with pesticides, heavy metals, moulds, and bacteria. The source of this cannabis is often obscure or unknown.

The bill would ensure that the production of cannabis in Canada is subject to a high and consistent national standard, in terms of product quality, as is the case under the current regime for the production of cannabis for medical purposes. This means that, under Bill C-45 and the supporting regulations, all producers would be subject to a licensing process that verifies that they have the capacity to meet the product quality-control standards. Producers would also have to conform to standards in terms of the safety and security of their facilities, the vetting of personnel, record keeping, and inventory controls. This would include rigorous requirements for product quality testing, standard operating procedures that must be observed throughout the facility, a sanitation program, and product recall measures to address any product-related issues.

The proposed framework would require that product quality be controlled through mandatory testing and that a robust compliance and enforcement regime be in place. In fact, Canada already has a world-leading system in place to regulate the production of cannabis for medical purposes, which provides a solid basis upon which to build.

Let me provide some of those regime requirements. Under the current regime, which has been in place since 2014, Health Canada is responsible for licensing and overseeing cannabis producers. These producers are required to operate within the regulations to provide quality-controlled cannabis to registered patients. There are currently 67 producers that are licensed to produce cannabis for medical purposes. These producers are the only commercial source in Canada of legal, quality-controlled cannabis for medical purposes.

The regulatory framework sets out a series of strict requirements that must be met to protect the health and safety of Canadians and the integrity of the legal system. For example, licensed producers are required to utilize strict production practices in their facilities, such as having a quality assurance person and a sanitary program.

Each licensed producer is required to test each and every product lot prior to its sale to the public. This includes tests for metals, mould, bacteria, and other potential contaminants, which can be harmful to public health. If the test results are outside of identified specifications, the product must not be sold.

Licensed producers are also required to test each lot for THC and CBD potency levels, and the results must be displayed on the labels.

Health Canada also announced recently that it will require all licensed producers to conduct mandatory testing for the presence of unauthorized pesticides in all cannabis products destined for sale.

These standards and controls are backed by a robust compliance and law enforcement regime to ensure that licenced producers fully comply with the rules at all stages of the production process.

Under this system, every licenced producer will undergo multiple unannounced inspections every year in order to verify that they are using the best production practices and following specific rules regarding the use of authorized pesticides. These inspections will also ensure compliance with rules on physical and personnel security, and record keeping. Last year, for example, Health Canada inspectors conducted more than 270 inspections on site and every licenced producer in Canada was inspected on average seven or eight times.

The features described are designed to ensure that any cannabis product released for sale to the public meets a high quality standard, but as in any industry, there may be circumstances in which a product may be released for sale that does not meet the established regulatory standards. Therefore, to address these situations quickly and authoritatively, the regulatory framework requires that licensed producers have a recall system in place to promptly contact clients and remove products that do not meet these high standards.

In short, Bill C-45 would build on a well-functioning, effective system to help ensure that cannabis that is legally sold in Canada is strictly regulated and quality controlled. In addition to setting controls similar to those existing under the cannabis regime for medical purposes, Bill C-45 would put in place a set of additional measures, tools, and resources to protect the health and safety of Canadians.

Industry might use marketing techniques to increase demand and revenues. We have a responsibility to establish reasonable regulations for these marketing activities to ensure that important public policy objectives, such as protecting the health and well-being of young people, are achieved.

The facts are conclusive. We have seen with tobacco that exposure to advertising, even if it targets adults, has an impact on children. Under the bill, advertising restrictions would apply to cannabis based on lessons learned from our experience with tobacco.

The proposed legislation and supporting regulations would also ensure that packaging is child resistant, reducing the risk of accidental consumption. They would also set limits for potency and portion size and require factual information to be clearly presented on the product. The oversight and regulation of production at the federal level would provide all Canadians with the assurance that, no matter where cannabis is produced or sold, it would be subject to the same high quality and safety standards and requirements across the country.

In conclusion, this bill provides a real opportunity for Canada to address health and public safety issues associated with the illegal cannabis market. The proposed framework would establish a robust system that would allow adults to have access to legal and quality-controlled products as a result of a well-regulated framework, compliance, and enforcement. This would place Canada in a better position to protect the public health and safety of its youth and Canadians as a whole.

Report StageGovernment Orders

November 21st, 2017 / 1:25 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I am pleased to rise to discuss Bill C-45, the pot legalization bill, or as I call it Phoenix 2.0. Why do I call it that? It is because it is an example of government rushing through a bill to meet some nonsensical, arbitrary deadline, despite warnings from everyone involved that we are not ready. In this case, instead of hurting those solely in the public sector, we are going to be hurting Canadians across all demographics, and especially the young.

With Phoenix, we had the opposition, the public sector unions, and department chief financial officers saying not to rush forward. With pot legalization, we have police chiefs from across the country, the Alberta Association of Chiefs of Police, the RCMP, and members of the U.S. enforcement agencies saying not to rush forward. Sadly, as with Phoenix, the government seems intent on barrelling ahead, regardless of the warnings.

The Liberals are desperate to show they can keep a promise after all. “Look at me” the PM will say on July 1, hiking up his pants to show off his socks with marijuana leaves. He is going to spark up the first ceremonial doob on Parliament Hill, and run around taking selfies with those lighting up. No doubt, the clever Liberal marketing machine will say the PM just happened to be running by, shirtless no doubt, and a crowd toking up. Of course, his official photographer will just happen to be there taking some pictures. No doubt they will come up with some clever tag about the PM and hashtag it that he was “photobonging” some group.

However, there are real consequences to rushing forward when law enforcement is not ready. Let us look at the Liberal policy on pot from its web page, broken down by statement. The first statement is that current laws do not “prevent young people from using marijuana.” The Liberal solution to legalize the substance that is being consumed defies logic, to argue normalizing pot use and making it available everywhere will somehow prevent young people from using it.

Consider some real-world examples. Colorado went from 13th place to first place overall for pot consumption among its youth, after legalization. Washington State's pot use among students, post-legalization, is 42% higher than the rest of the country. Studies from the U.S. show that the young people have a perception, post-legalization, that pot is harmless and does not cause mental issues.

Allowing every citizen to legally grow pot, up to four plants worth at that, means by definition there will be more pot. The government has so far neglected to adequately explain how it plans to keep the extra pot off the streets and out of our schools.

Next it states, “Arresting and prosecuting these offenses is expensive for our criminal justice system. It traps too many Canadians in the criminal justice system for minor, non-violent offenses.” Let us be frank, things have changed since many of us in the House were younger. Police are no longer focusing on arresting kids for having a joint or two, because they are far too busy working on other important issues.

The police chief of Edmonton stated it clearly. He said that police may use the presence of pot as a cause to search a car or search someone, where they may find guns, opioids, or stolen goods. However, to argue for legalization because too many Canadians are trapped in the criminal system simply does not jive with what the experts are saying.

Next, the Liberals say, “...the proceeds from the illegal drug trade support organized crime and greater threats to public safety, like human trafficking and hard drugs”. Here is a clue for the government. The Hells Angels are already involved in the legal part of marijuana. I quote from the RCMP report to the Canadian Association of Chiefs of Police. “There is no shortage of organized criminal groups who have applied to produce medical marijuana under Health Canada's new MMPR, including...Hells Angels”. Legalization is not keeping out organized crime. Organized crime is already taking advantage of the legal regime.

The Liberal plan goes on to state, “To ensure that we keep marijuana out of the hands of children, and the profits out of the hands of criminals, we will legalize, regulate, and restrict access to marijuana.”

In summary, they will keep pot out of the hands of children by legalizing the substance we want to get rid of, legalizing possession for children as young as 12, and making production legal, thus ensuring the supply will skyrocket. At the same time, they say we will keep the profits out of the hands of criminals, even though they have not said how, and they are ignoring the fact that the criminals are already involved in the legal system. The government seems to expect the Hells Angels will just turn over and say, “Well, we had a great run, guys. I guess I'll use my Harley to be an UberEATS driver now”. Maybe the government could offer the Hells Angels some of those reintegration services they are offering returning ISIS fighters.

Honestly, if people have been buying pot from someone for the past five years, getting a great price, and having it delivered to their door, are they now going to trudge down to the local government-run store, 9 to 5 only, Monday to Friday, of course, and on camera, to buy weed at a higher price? I do not think so. Mind you, Kathleen Wynne would offer them Air Miles points, so there is something.

Continuing on with the Liberal plan, it states we will, “create new, stronger laws to punish more severely those who...operate a motor vehicle while under its influence, and those who sell it outside of the...framework.”

Here is a great one. We have no standards on measuring impairment. The Canadian Association of Chiefs of Police recently met and narrowed down the roadside testing devices to two. We have not yet decided on the best one, much less have them in the hands of the police. More importantly, the failure rate on the device is as high as 13%. Let us think about that. Every single person charged will have a lawyer begging to take on his or her trial. What judge is going to say, “Hey, a 13% failure rate, that's pretty good. You're guilty”? None.

If the courts are jammed now, what happens once every one of these offences is taken to court? The government is letting accused rapists and murderers walk free under Jordan's principle because of its absolute ineptness and inability to appoint judges, and we are about to add thousands of new cases.

We could do blood testing, but that would require the officer to take someone to an emergency room. Our emergency room wait times are legendary as it is. Do we think any nurse or doctor is going to keep someone with a broken arm or a child with a runaway fever waiting just to draw blood for a cop for a weed DUI?

The costs of these roadside devices are $45 to $90 per use. The training for every one of these operators is about $20,000. How many locations are there to train these officers? There are two in all of North America, in the United States. Edmonton currently has only 24 officers trained out of a force of 1,800. Calgary has fewer, about 10. Maybe the Liberals are hoping that, contrary to decades of experience with drinking and driving, people just will not drive when high.

Let us again look at the statistics in the U.S. In Washington state, after legalization, DUIs with pot increased from 18% to 39%. In Spokane, youth pot DUIs grew 1700% versus pre-legalization.

The Liberal plan goes on. Next is those who sell cannabis outside of the regulatory framework. Our police forces are already stretched to the limits. We are not enforcing casual possession right now to focus on hard criminals, yet somehow, by waving a magic wand, we will have people available to go after those who are selling illegal drugs.

We have told the public that they can set up a legal grow op in every house and apartment in town. In Alberta, people are allowed to buy 30 grams of pot per store visit, not per day. That is 75 joints just from one store. How are we going to monitor every single person who can legally buy 75 joints at a time to make sure that they are only those of age, those who are not driving, and those who are not part of a criminal gang?

Finally, the Liberals have said that they will create a task force with input from experts. The experts in public health say that smoking pot before the age of 25 is damaging to brain development. Law enforcement is similarly clear. The chiefs of police are near unanimous. They have said they are not ready, that we should decriminalize not legalize, and that we should slow down.

The government simply dumped sales and distribution onto cash-strapped provinces and municipalities, so we will have a patchwork framework across the country. The Liberals have not listened to the task force.

I realize we are on the road to legalization. However, I implore the government to slow down until our police and communities are ready. It should not put public safety at risk just to meet an arbitrary political deadline.

I met with Edmonton's chief of police last Friday, and he had a poignant warning. He said that in 20 years we would look back at this as the worst piece of legislation ever tabled in Canada.

Let us slow it down and do what is right for our youth and our country, not what is right for the Liberal mandate tracker.

Report StageGovernment Orders

November 21st, 2017 / 1:25 p.m.
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NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, we in the NDP are very troubled by today's time allocation motion on Bill C-45. This is the 25th time allocation motion since the Liberals came to power. The committee has only held eight meetings on Bill C-45, and a proposal from my colleague from Vancouver East was rejected. She had requested two additional hearing days to give young Canadians, authorized producers, and edibles manufacturers time to testify.

The Liberals say they have been open and have listened, but these people did not get a chance to be heard. What is more, the 38 amendments proposed by the NDP were all shot down. Not one of the NDP's amendments to improve this bill was approved.

How can the Liberals claim to be open and transparent? How can they say they consider every proposal aimed at improving this bill and at making sure youth are sufficiently well-informed to know that drugs must not be taken lightly? The Liberals say they want to protect youth and take drugs out of criminal hands, but many questions are still unanswered.

Why do the Liberals want to rush the process even more? Quebec and several other provinces have asked for the process to be extended to allow enough time for a comprehensive study.

What does my colleague opposite have to say about that?

Report StageGovernment Orders

November 21st, 2017 / 1:10 p.m.
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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalParliamentary Secretary to the Minister of Innovation

Mr. Speaker, I am very pleased to rise today to speak in support of Bill C-45, the cannabis act.

Protecting the health and safety of the public is a key priority for all orders of government in Canada. In fact, that is why we introduced Bill C-45. Its goal is to create a strict national framework for controlling the production, distribution, sale, and possession of cannabis in Canada.

Bill C-45 would legalize access to cannabis, but only for adults, and would allow a limited amount to be grown at home or purchased through an appropriate retail framework, to make sure it is sourced from a well-regulated industry.

The bill would establish controls to protect youth, including prohibitions on selling and providing cannabis to anyone under the age of 18 and restrictions on marketing and promotional activities directed at young people.

Commercial growers and manufacturers of cannabis would require a federal licence and be subject to strict oversight to control product safety and quality.

While Bill C-45 would use the federal criminal law power to create a strict framework to control and regulate the production, distribution, sale, and possession of cannabis, the effective oversight and control of cannabis cannot be achieved without working with our partners in the provinces, territories, and municipalities.

From the outset, our government has been clear that the control and regulation of cannabis requires a pan-Canadian approach, involving all orders of government, at all stages of development and implementation.

This is reflected in the important role that our provincial and territorial partners have played in the work of the task force on cannabis legalization and regulation. This task force was established in June 2016, with a mandate to provide advice to the federal government on how to legalize, strictly regulate, and restrict access to cannabis.

Input from the provinces and territories was essential for the successful work of the task force. The provinces and the territories nominated experts to serve on the task force and make suggestions as to who should be consulted. They met with the task force and shared their views on cannabis legalization and regulation, and on how to best achieve our shared objectives of better protecting health and safety.

It should not come as a surprise that the views of the provinces and territories helped shape, to a great extent, some of the important provisions of Bill C-45. Like the task force report, Bill C-45 proposes a shared framework for the control and regulation of cannabis based on ongoing federal, provincial, and territorial collaboration.

The bill sets out clear controls and standards around cannabis, but provides the flexibility for each government to work within its own jurisdictional authority and experience. Each aspect of the framework would be implemented by those best placed to do so.

At this time, I would like to explain how the different levels of government would share their various roles and responsibilities, beginning with the federal role.

Under the proposed cannabis law, the federal government would be responsible for establishing and implementing a national framework for the regulation of cannabis production, establishing health and safety standards, and creating criminal prohibitions.

This would include: establishing restrictions on adult access to cannabis and establishing serious criminal penalties for those operating outside the legal system; creating rules to limit how cannabis or cannabis accessories can be promoted, packaged, labelled, and displayed that are in line with the rules that are in place for tobacco products; instituting a federal licensing regime for cannabis production that draws on lessons learned from the current system for access to cannabis for medical purposes; establishing industry-wide rules and standards, for example, serving sizes or potency, as well as the tracking of cannabis from seed to sale to prevent diversion to the illicit market; creating minimum federal conditions to provide a national framework to protect public health and public safety; and enforcing cannabis importation and exportation prohibitions at the border, except when legally authorized.

At the same time, Bill C-45 recognizes that provinces and territories, as well as municipalities, have an important role to play in the new system. Similar to provincial and territorial oversight over the distribution and sale of alcohol, the proposed legislation would recognize provincial and territorial legislative regimes that would oversee and regulate the distribution and retail sale of cannabis in their respective jurisdictions.

The legislative measures would also take into account the fact that the provinces and territories, together with municipalities, have the authority to adapt certain rules to their own jurisdictions and to enforce them with a variety of tools, including tickets.

As per the recommendations of the working group, the provinces and territories, together with municipalities, could establish rules governing the location of facilities for the production, distribution, and sale of cannabis in a community, and locations where cannabis can be consumed in public.

Provinces and territories could also set additional regulatory requirements to address issues of local concern. For example, provincial and territorial legislatures have the authority to set a higher minimum age for cannabis possession or more restrictive limits on possession for personal cultivation, including the lowering of the number of plants or restricting where they may be cultivated. As a result, Bill C-45 is drafted in such a way that provinces and territories can establish these stricter rules under their own authority.

Key roles for our municipal counterparts would include setting and enforcing local zoning bylaws, inspecting buildings, and carrying out local enforcement for matters related to minimum age for purchase, personal cultivation, personal possession limits, smoking, and place-of-use restrictions as well as public-nuisance complaints.

As the framework is implemented, I am convinced that our government will be able to work closely with its provincial, territorial, and municipal counterparts.

I am pleased to note that provinces and territories have already begun to prepare for legalization. For example, our partners in Manitoba have already introduced legislation amending provincial traffic safety laws to help police crack down on drivers who are driving while impaired by drugs and to restrict how cannabis can be transported in a vehicle.

The active involvement of our provincial, territorial, and municipal counterparts will be vital in helping to ensure that young people do not have access to cannabis and that those who sell cannabis outside of the legal framework will face stiff penalties.

Our government has said many times that it will be working with the provinces and territories to raise awareness and educate Canadians on the risks of cannabis use and to monitor the impact of tougher controls around access to cannabis.

In the 2017 budget, the government committed to investing $9.6 million over five years in a public education and awareness campaign and in surveillance activities.

As health is a shared responsibility between the federal, provincial, and territorial governments, provinces and territories complement federal public health programming, including through the management of public health and safety issues and school-based education and counselling.

In partnering with the provinces, territories, municipalities, and local communities, our government has announced that it will invest to provide law enforcement with the necessary equipment and education to ensure road safety. It said that it would also meet with the provinces and territories to continue discussions on how cannabis will be taxed.

Strong collaboration between the federal, provincial, and territorial governments, as much in areas of security and supply chains as in public education, is essential to reaching the goals of strict cannabis regulation, including that of keeping proceeds out of the hands of criminals.

Our government will continue to work tirelessly with all levels of government to realize our common goal of protecting the health and safety of Canadians.