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

Bill C-45—Time Allocation MotionCannabis ActGovernment Orders

November 21st, 2017 / 10:20 a.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, what contempt for indigenous peoples, civil society, and the individual communities across Canada. What contempt for the provinces.

The government says it is listening, but it is as deaf as a post. It is incapable of listening. Maybe that is why I am raising my voice, so that it might reach their ears at some point.

While the Government of Quebec is asking for more time, the Liberals have the nerve to impose time allocation to speed up the passage of Bill C-45. It makes no sense. The government wanted to usher in a new era of collaboration with the provinces and establish new federal-provincial relationships. Well, that ended just as quickly as it began, thank you very much. The government could not care less about raising awareness or training police officers. It could not care less about health and social services or the cost to the provinces. There is just a need for speed.

What is the rush? My Conservative colleague was right. July 1, 2018 is an absolutely arbitrary date and it makes no sense. The only logical reason for rushing through this is to cater to cannabis producers who have received authorizations and permits, many of whom are former Liberal ministers and organizers.

Are they not the reason why we are voting on this time allocation motion today?

Bill C-45—Time Allocation MotionCannabis ActGovernment Orders

November 21st, 2017 / 10:15 a.m.
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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I want to confirm that we are listening. We have been listening for two years, and we will continue to listen. We will continue to engage with the provinces and territories, six of which have introduced their own measures with respect to responding to Bill C-45. We will continue to support them in that regard, as well as the other jurisdictions that will likely move forward in some manner.

On public education and communications, we have implemented substantive measures in this regard, including investments. Very recently we announced $36.4 million for public education and awareness, and that campaign has begun. For example, we have engaged in many initiatives via social media. We have issued 110,000 leaflets for a drug-free Canada. There are ongoing efforts by my colleagues, the Minister of Health and the Minister of Public Safety, to ensure we continue to communicate the risks related to cannabis, particularly with respect to young people.

We will continue to have this campaign. We will continue to work in collaboration on this campaign to ensure the provinces, territories, municipalities, and law enforcement are prepared for the legalization, strict regulation, and restriction of access to cannabis.

Bill C-45—Time Allocation MotionCannabis ActGovernment Orders

November 21st, 2017 / 10:15 a.m.
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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I appreciate the comments from my colleague across the way. I am not disavowing any vision with respect to indigenous peoples. Bill C-45 would, and is committed to, legalize, strictly regulate, and restrict access to cannabis to keep it out of the hands of children and the proceeds out of the hands of criminals. That has been the agenda of this government for two years. We have engaged in substantive discussions right across the country, including within this place. We value the feedback we have received from members of Parliament. We look forward to the discussion that will happen in the other place.

With respect to indigenous communities, we will continue, on an ongoing basis, to engage with indigenous communities. We have and will continue to engage with provinces and territories, as well as law enforcement, to ensure they have the tools necessary to meet legalization in July of 2018. We have invested a significant number of dollars to assist the provinces and territories and to assist in an education and public awareness campaign about the harms of cannabis. We will continue to proceed in this manner to ensure that in legalization, we have and bear the utmost priority of the health and safety of Canadians. That is our commitment to Canadians.

Bill C-45—Time Allocation MotionCannabis ActGovernment Orders

November 21st, 2017 / 10:10 a.m.
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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I consider it vitally important to hear from all members of the House in terms of discussions and debate with respect to proposed legislation. We have had substantive debate on various pieces of legislation throughout the course of the last two years. Particularly with respect to Bill C-45, we have had eight committee meetings. We have heard from nearly 100 witnesses at committee. We have received 115 briefs. In this honourable place, we have heard from 86 speakers. We have had 31 hours of debate. This is an incredibly important piece of legislation that we are wanting to move forward in order to legalize cannabis, to strictly regulate and restrict access to cannabis in order to keep it out of the hands of kids and the proceeds out of the hands of criminals.

The status quo simply is not working. We have had two years of substantive discussion right across the country. I was very pleased to hear from the 86 members of Parliament in this place who have submitted their concerns, as well as the views from committee that made some amendments to the bill. Discussion will be ongoing in the other place.

Bill C-45—Time Allocation MotionCannabis ActGovernment Orders

November 21st, 2017 / 10:10 a.m.
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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, we are committed to the passage of Bill C-45 in order to legalize cannabis in the country, to strictly regulate and restrict access to cannabis in order to, as my friend articulated, keep it out of the hands of children and keep the proceeds out of the hands of criminal organizations. We are committed to doing it right, and we are working and will continue to work with all levels of government. We started that engagement and discussion and received substantive feedback through the efforts of the task force that was constituted by our government. We received 30,000 submissions, including from provinces and territories, municipalities, and law enforcement agencies. We are continuing to engage with them through my parliamentary secretary and the Minister of Health.

This is something we are committed to doing. We are injecting substantive monies into the provinces and territories, and into a substantive public education and communications campaign. We have engaged, and will continue to engage, in a substantive way with indigenous communities to recognize their specific interests and desires with respect to their communities. My colleagues and I are committed to engaging in that conversation on an ongoing basis in the lead-up to the legalization of cannabis and strict regulation.

Bill C-45—Time Allocation MotionCannabis ActGovernment Orders

November 21st, 2017 / 10:05 a.m.
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Vancouver Granville B.C.

Liberal

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

Mr. Speaker, the purpose of Bill C-45 is in terms of respecting the health and safety of Canadians. We have had substantive discussions around this particular legislation from pre-election, through two years that we have been in government, through a substantive task force focused on health and safety that engaged with Canadians right across the country. This legislation received 30,000 submissions in terms of what we have committed to doing, which is legalizing cannabis and strictly regulating access to cannabis in order to keep it out of the hands of children and the proceeds of its sale out of the hands of criminals.

The current status quo is simply not working. It is easier for a young person to get cannabis than it is, for example, for that young person to get a cigarette.

We are doing something substantive. We are addressing this matter in terms of health and safety. We are putting in place a comprehensive framework while working in partnership with the provinces, territories, and municipalities. This framework will protect children and will do as much as possible to keep marijuana out of the hands of organized crime.

Report StageCannabis ActGovernment Orders

November 9th, 2017 / 5:50 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

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

I am trying to think of an appropriate word to use that the people across the aisle would possibly accept and understand. The bill is harmful to young people. It is harmful to our society. It is poorly thought out. It is extremely rushed, and as a result, it is very dangerous legislation for us to be putting forward in Canada.

The Liberals claim that it will protect the health of young persons. That is one of their virtuous goals in putting this forward. Medical professionals have talked about mental health issues, including addiction, and the impact on the developing brain. Data shows that 30% to 40% of young people under the age of 25 who use cannabis will develop psychotic disorders, depression, or anxiety disorders. This is information from professionals, as my colleague was trying to present to the House to enable the Liberal Party to read and possibly discern that there are dangers in what they are suggesting they legalize in Canada.

The Liberals also talk about restricting access by young people. I have never heard a more confusing argument: trying to restrict the use of a dangerous substance by legalizing it and actually making it more available to young people. We know that the bill would allow young people between the ages of 12 and 18 to possess five grams at any one time. This would not say to young people that this is not something they should do. It would say it is okay for them to have this. Maybe it is because they do not want them to have a criminal record. It is irrational to say we do not want them to have a criminal record, so they can take and hold this much. It is not right, because it would encourage them to consider this.

In grade seven, I was part of a debate team. Our class was given this topic: grade seven students are juvenile and immature. Of course, we wanted to debate against that, because we were in grade seven, and we were not juvenile and not immature. My teacher told us to debate the other side, and somehow he convinced us to do that. We won that debate, because grade seven students are juvenile and immature. They are not grown up yet. They are formulating what their values are, and here we are with a government that is saying to them to go ahead and have five grams in their possession at any one time. It does not take long to realize that it would be a risk to them on many levels, besides their trying to process it with their own moral values. They could be coerced to carry it for others, possibly parents, or possibly older teens in the family who want more available. They could carry it for their siblings or their parents or a friend.

These young people also could be very much drawn into the black market to be handlers. I think especially of youth at risk. We like to think that this is not going to impact them in any way, but it will, because they are already at risk. They are vulnerable, and they are an easy target for people who are immoral and dishonest and will teach them behaviours that are not right and will draw them into a life of crime. There is also the opportunity to simply sell it personally and make money on something the government is saying they can have in their possession. Finally, there is the potential for them to say that they can have this, so why not just try it.

All these reasons totally negate this irrational argument that somehow, by legalizing this and making it available to children aged 12 to 18, it would restrict access. I have never heard a more disjointed, inaccurate, and inconceivable argument put forward. The government also said that it wants to protect young people from the inducement to use. Well, I have already said that just by putting the bill forward in this way, it is actually encouraging young people to consider using.

Another member on the other side of the House came back with the argument, on the question of youth having it in their possession, that it is the parents' responsibility. It is just like any other thing in the house they might have. The parents are responsible. On one level, I totally agree that parents are and should be responsible, above all other influences, for determining what direction their children should be guided. Parental rights, responsibilities, and privileges in raising children, which are our most precious and valuable resource as a nation, need to be protected. They actually need to be encouraged by government. Government should be supporting Canadian families through legislation. However, here it is working in opposition and challenging parents by telling teenagers between the ages of 12 and 18 that it is okay, and legal, to have five grams of marijuana on their person.

I have worked a lot with teenagers, and I actually survived raising three amazing young adults myself. I have to tell members that at that point in life, the right thing for them to be doing is challenging things around them and trying to determine where their values are in relation to their parents and in what direction they are going to go.

When I tell my children that something is not right, and it is something they are thinking about, but their government turns around and tells them that it is okay and that it is legal, that is not supporting parents. The government is pushing this responsibility on them, just like it is pushing the responsibility on provinces and municipalities. The Liberals created the bill because they made an election promise, and they are having trouble finding one they can keep, so this is the one they will pull it off on.

This is entirely wrong. If youth should not use it, then they should not carry it.

The government also uses the argument that it is going to reduce illicit activities in relation to cannabis. In other words, it will somehow shut down the black market with the legal use of marijuana. We know how well that is working with contraband cigarettes.

I know from conversations with people I have helped in 10-step programs that there are rehab centres where black market drug dealers go to get healed. While there, they develop relationships with people they then meet on the outside, and they help them to become part of the process. This is not going to shut down the black market. It is money driven, it is greed driven, and it has nothing to do with caring for our society. The government is playing into its hands.

Canadians are very concerned all over this country. They are concerned about the workplace, law enforcement people, and our children, and they do not know what to do. They are throwing up their hands and asking how the government can do this.

Well, I have a few words I want to say to Canadians. I am going to post it, actually.

I will tell them that they have been amazing on so many fronts in dealing with issues this government has brought forward over the last two years, and they have made a difference. Opposition parties have a role to play, but we are here to represent Canadians, and as a result of their work and their telling this government what they will and will not accept, electoral reform is not on the table. They did that with their advocacy.

Punitive and unfair tax increases on the middle class, small and medium businesses, and farmers are not going to take place the way they would have if the Liberals had just been allowed to go ahead with their policies. Canadians made the difference.

They shut down the removal of section 176 and are protecting the right to freedom of religion in this country. They caused the Surgeon General to relegate the dangerous anti-malaria drug mefloquine to a drug of last resort, after decades of causing harm to our servicemen and women.

Canadians can do this. They can make a difference. I know that they see this law as irrational, dangerous, and rushed, everything that is not good. Therefore, I encourage them to do what they have done. I know they are exhausted. They should keep going.

Report StageCannabis ActGovernment Orders

November 9th, 2017 / 5:30 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I am grateful for the opportunity to speak to Bill C-45.

Before I start my comments on Bill C-45, let me take a minute to reflect on the upcoming weekend and the remembrance services that many of us in this room will be attending this coming weekend, and to thank our veterans for the freedoms that we enjoy. Last weekend, I had the privilege of attending a number of remembrance services in New Dundee, New Hamburg, Linwood, and Elmira. This coming weekend, I will be in New Hamburg, Waterloo, Kitchener, and Elmira again. Let us just to think of the sacrifice that our veterans have made, and thank our legions for the great work that they do in not only supporting our veterans but also in helping us never to forget. I want to highlight that before I get into my remarks on Bill C-45.

There are a number of really important issues that are dealt with in this chamber on a daily basis. Over the last number of weeks, we have discussed a number of them, from rising debt to taxation, supposedly fair taxation, the economy, the deficit that is growing every day, and the amazing excessive interest we will be paying on that over the next four years of $33 billion per year. All of these things are important. However, in relation to the topic before us today, really they are of minor significance. This topic we are discussing today will have a life-changing impact not only on our youth and our citizens but on the very nation of Canada. I think it is important that we think clearly and soberly about the changes we are making, especially as it relates to three areas.

I first want to refer to our youth. That has been referred to many times today, the health, safety, and well-being of our children and our grandchildren, the safety of all Canadians on the roads, and the social risks that are involved in our communities with complaints and issues that will arise between neighbours.

However, let me first refer to our youth.

In question period today, my colleague from Richmond—Arthabaska, and I just happened to catch it, made this great statement that the decisions we make reveal the values we hold. How much do we, as members of Parliament, in this room value the youth of Canada? That is a question that we need to ask. I believe youth are a sacred trust that every one of us in this room has an obligation to guard seriously. We cannot take this obligation lightly.

The Liberals claim repeatedly that the purpose of this legislation is to protect our young people and to increase public safety. How can we keep this drug out of the hands of our youth when we are actually allowing four plants per household? How can we say we are keeping it out of the hands of our youth when we are allowing 12-year-olds to have up to five grams in their possession? We often hear of people being polled about whether they favour the legalization of marijuana, and the polls are all over the place, but it is somewhere around 50:50 or 60:40. However, I am convinced that if we were to give the details of what this bill entails with respect to the availability of four plants per household and up to five grams for 12-year-olds, we would get a much different answer.

The Canadian Medical Association and the Canadian Psychiatric Association have both stated that Canadians who consume marijuana recreationally under the age of 25 have a higher risk of developing mental illness, such as depression, schizophrenia, and bipolar disorder. We can all probably tell some anecdotal stories of family members or neighbours who have been derailed by the early use of marijuana.

The Canadian Psychiatric Association says:

Regular cannabis use in youth and young adults can affect aspects of cognition...attention, memory, processing speed, visuospatial functioning and overall intelligence. Worse performance is related to earlier adolescent onset of use.

I do not know how much earlier an onset one could get than offering this availability to a 12-year-old. Therefore, parents and grandparents are very concerned about the direction in which this bill is going.

Dr. Diane Kelsall in the Canadian Medical Association Journal wrote, “Most of us know a young person whose life was derailed because of marijuana use. Bill C-45 is unlikely to prevent such tragedies from occurring—and, conversely, may make them more frequent.”

There are far too many young people who have already been derailed. These are not just opinions, these are medical and psychiatric experts, and it is important that we listen to them.

I want to use the bulk of my time today to listen to one of the youth of Canada, who is concerned that this legislation and the actions we approve here in this House would, or could, in fact derail young people. She does not want to be one of those derailed, and she does not want her friends to be derailed. This young person is my granddaughter who wrote this two years ago, in November 2015, when she was 15 years old. She wrote:

Marijuana, the dangerous substance that damages our lungs, brain, educational value and social activity is the substance the government of Canada is trying to legalize. Claims say that legalization will erode the black market but in reality, legalizing marijuana will give people easier access to the drug. Recently I heard the testimony of a man who at age 14 was heading to Toronto for 420 with one hundred dollars worth of Marijuana. The fact that ten years ago a 14 year old boy who had no job and no car was able to get his hands on one hundred dollars worth of weed blows my mind. Can you imagine how easy it would be for someone to get marijuana now, especially if it were to become legal? Easier access to Marijuana will have many negative effects for Canada such as major health damage, ruining our educational system, our workplace and our society. The future of Canada rests in the hands of our generation, there is no way marijuana will be a positive tool in that regard....

With long term and short term effects the list of things that marijuana does to damage your health is endless. Short term effects include impaired memory, impaired body movement, changes in mood, hallucinations, paranoia, difficulty thinking and problem solving. Along with temporary damage Marijuana proves to once again be a dangerous substance having a long lasting effect on your brain and mental health. A study showed that people who started heavily smoking marijuana in their teens lost an average of eight IQ points between ages of 13 and 38. Even after quitting as an adult the lost mental abilities did not fully return. There are many different ways to consume Marijuana but no matter which way, it is harmful. Marijuana smoke contains the same tar and chemicals that are found in tobacco smoke which will lead to the inflammation of bronchitis. The drug harms cells lining and respiratory tract leading to precancerous changes that are associated with lung, head and neck cancer. Marijuana also stimulates your heart rate and blood pressure which can increase the risk of heart attack among individuals. I have named only a few of the health risks that occur when marijuana is consumed however, I hope that this is enough to strongly discourage you from believing the legalization of medical marijuana will infact be a positive thing in any way shape or form.

She went on:

The damage of marijuana does not end with your health, the drugs negative effect leads into your educational life as well. A review of 48 different relevant studies all found that marijuana use is associated with reduced chances of graduating. A recent analysis of data from studies in Australia and New Zealand found that youth who have used marijuana regularly were significantly less likely to finish highschool and obtain a degree than their non-using peers. Marijuana is encouraging lazy work habits and a 'don't care' attitude, leading students down the path of becoming a high school dropout. The National Institute of Drug Abuse (NIDA) reports that while under the influence of marijuana the still developing brain will have difficulty retaining memories, when related back to school this can seriously affect your learning skills as a student. “Falling behind in school is par for the course when marijuana use is a factor. It's not an issue solely based on loss of memory; they also report that psychological skills are reduced among students as well, decreasing their ability to sustain their self-confidence and remain focused on achieving academic and other goals”—NIDA. Even though marijuana is an illegal drug it has not stopped teens and students from buying and using the drug, what is to happen now if marijuana becomes legal? By legalizing this drug we are practically encouraging students to go out and get high, ruining their high school career and affecting whatever may lay beyond that....

Believe me when I say that marijuana not only negatively affects your health, your education but your social and work life as well. Studies show specific links between the use of marijuana and the workplace such as increased risk of injuries and accidents. One study among postal workers found that employees who tested positive for marijuana on a urine drug test had 55 percent more industrial accidents, 85 percent more injuries, and 75 percent greater absence compared with those who tested negative for marijuana. After all of the papers you wrote, tests you studied for and emotional trials you went through over the minimum of 16 years of schooling, is it really worth it to throw that all away for the temporary high of marijuana?

....Before make the decision to legalize this dangerous substance lets first think of all of the health risks caused by this drug, the negative effect that it would have on our educational system and how different and harmful the workplace and our economy would be with marijuana easily accessible and legal.

I have so much more to share.

Let me finish with some comments by Dr. Diane Kelsall, director of the Canadian Medical Association, in the Canadian Medical Association Journal. She says, “If Parliament truly cares about the public health and safety of Canadians, especially our youth, this bill will not pass.”

I hope my colleagues will listen.

Report StageCannabis ActGovernment Orders

November 9th, 2017 / 5:15 p.m.
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Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

My question, Madam Speaker, is about an aspect of Colorado policy, which I think is very good and is not present in Bill C-45. In Colorado, individual municipalities and counties can decide whether to allow marijuana sales. Some have allowed it; some have not. There is no availability of this kind of local option in Canada. Could my hon. colleague comment on that distinction?

November 9th, 2017 / 5:10 p.m.
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Liberal

The Chair Liberal Bill Casey

Thank you, Mr. Davies. Your time is up.

That completes our testimony today.

To the guests, thank you very much on behalf of all members on the committee. You certainly brought a different dimension to our study and made us think about a lot of different things, I'm sure. I want to thank you all for taking the time to come and provide us with your expertise and information.

Members, we have a little committee business to attend to.

First, we have agreed on our letter for Bill C-45. Is it the committee's wish to make it public?

Are there any comments?

Mr. Davies.

Report StageCannabis ActGovernment Orders

November 9th, 2017 / 4:45 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, I am pleased to rise in the House today to speak to Bill C-45, the cannabis act. I have been here since 2004 and it is probably one of the most badly written pieces of legislation I have ever seen, and there is some frustration on this side in that regard because we have heard the Liberals are going to bring in time allocation. For a bill of such importance and such reach within our provinces and territories, the requirement to have different Houses of Parliament coordinated on this is totally irresponsible.

I want my colleagues, especially on the Liberal side, to understand that there are certain important points to bear in mind in my speech. First of all, everyone agrees that too many kids are smoking marijuana. In my community of Oshawa, no one wants to see a kid who has a couple of joints get a criminal record or get thrown into jail. Most Canadians would agree with that, and that is why it is really important that Canadians recognize that the Conservatives favour making the possession of small amounts of marijuana a ticketable offence only. This is exactly in line with the position of the chiefs of police. This is a responsible approach, one that Canadians would be very supportive of, but not of the bill that we see in front of us.

The Liberals claim that the status quo is not working, but how does the Liberal government define that? According to a Statistics Canada report dated April 2015, based on data collected from the Canadian community health survey on mental health, the total percentage of teens aged 15-17, which is the target group, reporting having used marijuana had dropped from 40% in 2002 to 25% in 2012. That is a 15 percentage point decrease. This means that something in the status quo is working, but why are the Liberals not telling Canadians about that? What are the Liberals saying? They are saying they want to legalize marijuana because it will it out of the hands of our kids and keep the profits out of the hands of organized crime. We agree with that. These are good ideas, but does C-45 accomplish that objective? Anyone who has read the bill would say no.

At the health committee we had scientists testify, and the science is clear. Any use of marijuana under the age of 25 can cause permanent psychological damage to our kids, and currently the bill allows kids aged 12 to 17, as young as grade 6, to possess up to five grams of marijuana, equivalent to 10 to 15 joints. That is ridiculous in light of the medical evidence of the harm it can cause our youth. There is no provision to prevent them from selling or distributing cannabis. The amount should be zero.

I am asked if a child in grade 6 could share it with younger kids. That is an important question. It is a great concern of parents and teachers. It would allow drug dealers to target kids and use them for profit.

Bill C-45 allows up to four plants to be grown in the home. Any home can become a grow op. Four plants under the right conditions can yield up to 600 grams or 1,200 to 1,800 joints. This is a concern for homeowners, landlords, law enforcement. Moreover, there is no mandatory testing for the potency or toxicity of the homegrown plants, and no money for inspection. There is no federal requirement to lock up the marijuana. This is going to expose kids and even pets to the drugs. Grow ops lead to a 24-fold increase in incidents involving fire. Landlords are concerned that they will not be able to forbid grow ops or smoking if they are already renting their properties.

Other jurisdictions that have legalized marijuana have said that home grows were hugely penetrated by organized crime. We know it from the science and the evidence out there. For this reason, Washington state does not allow home grows, except for medically fragile people who cannot get to a dispensary. It has been able to reduce organized crime to less than 20% of the market.

The legal opinion is that allowing four plants per dwelling will end up being challenged in court as well. The government has not thought through the bill. There will not only be danger in the homes of Canadians, but on the roads too. Drug-impaired driving is not addressed in Bill C-45. It is encompassed in Bill C-46, but a study recently issued by the Canadian Centre on Substance Abuse and Addiction put the cost of impaired driving from cannabis at one billion dollars. The AAA found there has been a large increase in the number of fatal accidents in Washington state involving the use of marijuana after the state legalized the drug. In fact, impaired driving has increased in the American states that have legalized it, and there is no current instrument that can accurately measure one's level of impairment on the roadside. The science is not there yet.

Canada is unable to train our own officers in Canada and needs to send our officers to expensive, lengthy training in the United States, and this training currently has wait lists.

The legalization of marijuana will definitely impact our ability to trade internationally. Have the Liberals noticed that we are negotiating NAFTA? Do the Liberals think that having a drug policy way out of sync with our American neighbours will improve trade or thicken the border? For Oshawa and my community, this is a huge problem, as it is for other communities as well.

Let us look at the treaties. Passing Bill C-45 would violate three UN treaties to which Canada is a signatory. In order to legalize marijuana by July 1 and not be in violation of the UN treaties, Canada would have had to withdraw by July 1 of this year, and the Liberal government did not do that. How can Canada hold other countries to account on their treaty obligations when Canada does not even honour its own?

This leads me to this question. Why the rush? There are only 241 days to go until this arbitrary date that the Liberals selected. Provinces, municipalities, police forces, and our indigenous communities have stated they are not ready to implement this legislation. The government knows this; members have heard it in committee.

So many questions have been left unanswered. Will Canadians who use marijuana be able to cross the border into the United States where marijuana is still illegal? No department has been able to answer this question, and Canadians deserve an answer before the legislation is implemented.

How will enforcement officers test for drug impairment on the roadside? Can these tests be constitutionally challenged? Is the science valid? Canadians deserve an answer.

What education programs are in place now to inform youth about the dangers and consequences of marijuana? If they are not in place now, when will this education process begin? The health minister said today $43 million, but there is no timeline.

What will happen to the current medical marijuana system and how will recreational sales impact medical marijuana pricing and distribution?

Canadians deserve answers to these questions before the legislation is passed.

The Liberals talk about the black market. One of the stated goals is to eliminate the black market by creating a legal framework for marijuana, but this is a flawed way of thinking. A variety of factors are being left up to the provinces, such as pricing, distribution, which products are included, and packaging.

We need to listen to the real experts on the ground.

Assistant Commissioner Joanne Crampton, of federal policing criminal operations, Royal Canadian Mounted Police, said:

As Kathy mentioned, organized crime is a high priority for federal policing, in particular, for the RCMP. We target the highest echelon within the organized crime world. We're very cognizant...and realize that the chances of organized crime being eliminated in the cannabis market would be.... It's probably naive to think that could happen.

Naive, that is what the experts say about the Liberal approach.

Our Conservative position is the same as the Canadian chiefs of police position, to issue tickets for the simple possession of small amounts of marijuana. This approach is more sensible regarding marijuana possession. Instead of rushing to legalize marijuana, Conservatives are working with law enforcement to protect the health and safety of Canadians. Canadians would be spared a criminal record for simple possession of small amounts.

To summarize, the Liberals promised that they wanted to keep marijuana out of the hands of kids. They also promised that they wanted to keep profit out of the hands of organized crime.

My speech ultimately has proven that the Liberal approach is wrong. This bill would not accomplish what they are promising Canadians. This is like a big bill of sale. The bill would actually place children further in harm's way by permitting possession for kids as young as 12. That is grade 6. Home grow ops will expose children living in a dwelling to dangerous living space and increase the production of marijuana and diversion to organized crime. This approach will increase the rate of impaired driving.

The bill leaves so many questions unanswered, which has blindsided law enforcement and other levels of government.

The question is why the Liberals are force-feeding us this deeply flawed bill. The only answer I can come up with is that the government has no problem being deceitful to Canadians in order to keep the Prime Minister's irrresponsible election promise, muddying the water about the implications of full legalization under the bill.

Instead of blindly trying to keep campaign promises at the expense of Canadians' health and safety, perhaps the Liberals should refocus their attention on protecting kids and protecting the public, protecting our trade agreements, and not putting international relationships in jeopardy, particularly the one we have with the United States. They have had no problem breaking other promises, whether it is the balanced budget, electoral reform, or openness and transparency.

It is time the Liberals put the brakes on this legislation until the science supports the ability to ensure the health and safety of Canadians, particularly our kids.

Report StageCannabis ActGovernment Orders

November 9th, 2017 / 4:30 p.m.
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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, while the government often talks about reducing the backlog in our courts, what this legislation may actually do is increase the backlog. For example, this legislation provides that Canadians could possess up to 30 grams of marijuana. However, it contains provisions that if they possessed 31 grams of marijuana, they would be criminals, with serious penalties. We have sentences in Bill C-45 of up to 14 years. Arguably, those are not consistent with other similar offences. On that front, I think the government has really not thought this through, and what Bill C-45 would result in is a further backlog in our courts. The bottom line is that no matter how one looks at this, Bill C-45 is a complete and absolute failure.

Report StageCannabis ActGovernment Orders

November 9th, 2017 / 4:15 p.m.
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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I rise this afternoon to speak to Bill C-45, the government's marijuana legalization legislation.

It is a little more than 200 days until July 1, 2018, and a little more than 200 days before the Liberal government plans to legalize marijuana in Canada. With a little more than 200 days to go, the provinces are saying that they are not ready. The municipalities are saying that they cannot be ready. Law enforcement agencies are saying that they are not ready and they cannot be ready for July 1. In turn, the government is saying it really does not care that they are not ready, because it is moving ahead with July 1, 2018, ready or not. Talk about irresponsibility on the part of the government. Then again, we are dealing with a reckless government that is prepared to put the health and safety of Canadians at risk, all so their pot-smoking Prime Minister can actually keep an election promise.

The issues the municipalities and the provinces face in order to deal with the effects of legalization are manifold. The provinces will have to deal with issues around workplace safety, employment standards, and traffic safety. The municipalities will have to deal with issues around licensing, zoning, enforcement, and inspection.

With so much work to do and so little time to do it, no wonder the provinces and the municipalities are saying to the government, “Slow down. Give us time to do what we need to do”. In that regard, some provinces have not yet even unveiled a plan, not even announced a plan to deal with issues around implementation and regulation of marijuana.

Lisa Holmes, who was the mayor very recently of Morinville, about 10 kilometres north of my home town of St. Albert, appeared before the health committee in her capacity as the president of the Alberta Urban Municipalities Association. She indicated that 96% of urban municipalities in Alberta did not have bylaws or policies in place to deal with the regulation of marijuana in their communities because there was a lack of clarity about the breadth and substance of regulations, both at a provincial and federal level. I think 96% of urban municipalities in Alberta is not unique to Alberta. I think we would find a similar pattern right across Canada.

With respect to law enforcement agencies, it is clear they are not ready. They are saying that they are not ready, and they cannot be ready. The government has basically put them in an impossible position with the rush and the arbitrary July 1, 2018, deadline.

Let us look at the facts in this regard. The Canadian Association of Chiefs of Police indicated that in order to deal with impaired drivers and more Canadians who would be consuming marijuana, and in order to train their officers, there was a need for about 6,000 officers to receive training. That training takes about 100 days. The association is saying that it cannot take 6,000 officers off the streets for 100 days by July 1, 2018, that it is just impossible.

Then there is the issue of drug recognition experts. Right now, there are approximately 600 drug recognition experts in Canada. It has been said that there is a need for as many as 2,000 drug recognition experts to deal with the effects of marijuana legalization. When an official from Public Safety Canada came before the justice committee during its study of Bill C-46, I asked that official where things were with respect to drug recognition experts and where we would be by July 1, 2018. The response I got was that by July 1, 2018, there might be an additional 100 drug recognition experts. In other words, we would go from 600 to 700 drug recognition experts, when there is a need for as many as 2,000 drug recognition experts.

I know that a little earlier the Parliamentary Secretary to the Minister of Justice alluded to the fact that this House had passed Bill C-46 in conjunction with this legislation, Bill C-45. One aspect of Bill C-46 is per se limits for THC levels for drug-impaired drivers. The only problem with that is that there is absolutely no correlation whatsoever between drug impairment and THC levels. What that is going to mean is that people will get behind the wheel impaired and get away with it. They will get off because of the government's arbitrary and unscientific per se limits.

Municipalities, provinces, and law enforcement are not ready, and frankly, Canadians are not ready either for the July 1, 2018, date.

In the justice committee's study of Bill C-46, and when I read the transcripts from the health committee, there were a number of witnesses who cited various surveys and studies that indicated that a large percentage of Canadians, particularly young Canadians, have misconceptions about the effects of marijuana usage. This was recognized by the government's own marijuana legalization task force as an issue. The task force, in its report, recommended to the government that it have an early and sustained public awareness campaign. What we have seen from the government is not an early and sustained public awareness campaign. We see a campaign that is barely off the ground, with little more than 200 days before the July 1, 2018, date.

Do members know who else is not ready for July 1, 2018? The government is not ready. Its marijuana legalization bill, Bill C-45, is an absolute shambles of a piece of legislation. It is going to create more problems than it solves.

Let us look at the whole picture. Bill C-45 is going to make our kids, our roads, and our communities less safe. We have a government that has absolutely no plan in terms of a coordinated effort with the provinces and municipalities, Law enforcement does not have the tools and resources to be ready for July 1, 2018, and there has not been a sufficient public awareness campaign to get Canadians ready. Taken together, the government needs to put the brakes on July 1, 2018, and go back to the drawing board.

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.

Bill C-45—Notice of time allocation motionCannabis ActGovernment Orders

November 9th, 2017 / 4:10 p.m.
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Edmonton Mill Woods Alberta

Liberal

Amarjeet Sohi LiberalMinister of Infrastructure and Communities

Madam Speaker, I would like to advise that agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the report stage and third reading stage of Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings of the said stages.