Bill C-45 (Historical)

Cannabis Act

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

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.

Cannabis Act

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, when an apple is rotten, we do not cut it up to try to salvage what we can from it. We throw it out. That is what we should have done with Bill C-45.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, I do not detect much enthusiasm when my colleagues on the government side are talking about Bill C-45, the marijuana legalization bill. Many of them simply read out prepared speeches and do not really believe everything they are saying.

Since I live in a rural area, in a community that is very worried about what is happening in Canada for the first time in its history, I cannot honestly imagine that, deep down, the members opposite are happy about moving forward with Bill C-45. I am not the only one who thinks so. There is very strong opposition in my riding, of course. Police bodies, municipalities, and provincial governments are also opposed to having this kind of legislation imposed on them and especially object to the government's utterly irrational agenda with regard to Bill C-45. Doctors, psychiatrists, scientists, and leaders everywhere are speaking out.

Just before coming here to give this speech, I asked some of my constituents about their thoughts on Bill C-45. Here are some of the comments I received:

I no longer live in the area, but I am still 200% against it. People are not allowed to smoke anywhere, but soon people are really going to start complaining when they realize just how much pot stinks. Legalizing the drug is a really stupid idea.

Here is another comment:

We have enough trouble dealing with drunk driving, and now they want to add another driving problem with this legislation. The accident rate went up in countries where they legalized cannabis, and we will be no exception.

I am not the one who is saying this. Here is another quotation:

I am 100% against. I have seen the havoc drugs have wreaked on the lives of users and their loved ones, and it really is not pretty. We cannot forget that this “soft” drug is a stepping stone to other hard drugs. Therefore, people will be saying that it is no big deal because it is legal. This is very dangerous, especially for our youth.

That is not all. Here is another one:

It seems that politicians have not consulted, or have not consulted enough, with experts on the subject.

Here is one final comment:

They are already having a hard time providing mental health care, so how are they going to deal with growing demand because statistics show that marijuana use often leads to problems like that and makes a lot of people depressed. This makes me worry about the future.

If the proper process had been followed, these people would not be so worried. If this bill were addressing an actual need, these people would already have answers to their questions. They would not be so worried about how marijuana legalization will affect our roads and our young people, the very young people the government claims it is helping by legalizing marijuana.

I recently read a comment about how this legislation will normalize marijuana to the point that young people may be even more interested in using it. I am trying to keep my feelings out of this, but I must admit I am having a hard time.

July 1, 2018, is nine months from now. In September, the Ontario Provincial Police Deputy Commissioner told the Standing Committee on Health that more time and more resources are needed to train police officers. Those two elements are lacking here. This is how the Deputy Commissioner described the likelihood that police officers will be ready by July 1, 2018:

...it's impossible. The damage that can be done between the time of new legislation and police officers being ready to enforce the law...can make it very hard for us to ever regain that foothold.

We heard the same message from Mario Harel, the president of the Canadian Association of Chiefs of Police, when he appeared before the Standing Committee on Justice and Human Rights:

...are we delivering on the public safety objectives Canadians would expect of us? We are 10 months away, so allow me to put this into perspective.

We have 65,000 police officers in Canada who require training to understand the new legislation once it is passed into law....Provincial governments for the most part are still developing regulatory and delivery schemes, which directly impact law enforcement.

Quite frankly, the capacity currently is not there to deliver the amount of training required.

The police themselves are the ones saying this.

Why are the Liberals so determined to rush Bill C-45 through? What are they hiding? What is the hurry? Who do they have to answer to, if not Canadians, police chiefs, doctors, and psychiatrists? Who is the government trying to pander to by rushing to legalize marijuana?

This will have a serious impact on young people. We know this. I have heard from many people who are saying the same thing. What the government is claiming is totally false.

If young people under 25 are allowed to use cannabis, this will have a serious impact. It has been proven that this can have a permanent and possibly very serious effect on their mental health and brain development. I will not start quoting scientists and all the studies that have been done on that, for there are too many to name.

All I know is that if the government goes ahead with this on July 1, 2018, Canada will not be the same, Canadian society will not be the same. The Liberal government and every Liberal member will be to blame. The hon. member for Compton—Stanstead, the hon. member for Shefford, the hon. member for Saint-Maurice—Champlain, the hon. member for Québec, the hon. member for Lac-Saint-Jean, the hon. member for Argenteuil—La Petite-Nation, the hon. member for Gaspésie—Les Îles-de-la-Madeleine, the hon. member for Chicoutimi—Le Fjord, the hon. member for Louis-Hébert, the hon. member for Avignon—La Mitis—Matane—Matapédia, the hon. member for Brome—Missisquoi, and the hon. member for Saint-Jean and all the others will be to blame for everything that happens after July 1, 2018.

They still have a chance to get this right, but, if they continue to impose Bill C-45 on Canadians, after July 1, 2018 it will be too late.

Police chiefs have said that they are not ready. The damage will be done and we will never be able to go back. This is where this government is taking us. This is where this government is taking our society. This is where this government is taking Canada after July 1, 2018.

History will be defined by what came before July 1, 2018, and what came after July 1, 2018.

Those are the facts and that is what we are up against. I hope that the members I named and all the others, such as the hon. member for Pontiac, the hon. member for Thérèse-De Blainville, the hon. member for Pierrefonds—Dollard, the hon. member for Dorval—Lachine—LaSalle, the hon. member for Bourassa, and the hon. member for Laval—Les Îles will understand this before the damage is done.

We are at a point where individual members of the Liberal government must assume their responsibilities towards their constituents, the youth in their ridings, and Canada.

I regularly see the member for Scarborough Southwest defend this irresponsible date of July 1, 2018. I invite him to come and tour our regions and to speak with our mayors and police chiefs so that he will understand once and for all that the date of July 1, 2018 is premature. Canada is not ready to deal with these changes.

Personally, I prefer the Canada as it exists now prior to July 1, 2018, to the Liberals' Canada after July 1, 2018.

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

Madam 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.

I think all members will agree that protecting the health and safety of Canadians is a key priority for all orders of government in Canada. With this in mind, on April 13, Bill C-45 was introduced in the House. Its goal is the creation of a strict national framework for controlling the production, distribution, sale, and possession of cannabis in Canada. The bill would provide for legal access to cannabis where adults could obtain it through an appropriate legal framework, sourced from a strictly regulated industry or by growing it safely and in limited amounts at home.

The bill would also establish safeguards to protect youth, including prohibiting the sale or distribution of cannabis to anyone under 18 and restricting marketing and advertising activities geared towards youth.

Growers and manufacturers of cannabis would require a federal licence and be subject to a strict oversight regime intended to control product safety and quality, and to prevent diversion to the illegal market. Effective oversight and control of cannabis cannot be achieved by working in isolation from 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 reality is reflected in the important role that our provincial and territorial partners played in the work of the task force on cannabis legalization and regulation.

The 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, as well as from indigenous communities, was essential to the successful work of the task force.

The provinces and territories nominated experts to serve on the task force, and made suggestions as to who should be consulted. These individuals met with the task force, and shared their views on cannabis legalization and regulation and on how best to achieve our shared objectives of better protecting public health and safety.

It should come as no surprise that the input from the provinces and territories was instrumental in shaping many important provisions of Bill C-45.

Consistent with the task force report, Bill C-45 proposes a shared framework for the control and regulation of cannabis that would require ongoing federal, provincial, and territorial collaboration. The bill sets out clear controls and standards around cannabis, and provides flexibility for each government to work within their own jurisdictional authority and experience. Those who are best placed to implement each aspect of the framework would do so.

At this time, I would like to explain how the various roles and responsibilities would be shared between our governments, beginning with the federal role. Bill C-45 proposes that the federal government would be responsible for establishing and maintaining a national framework for regulating the production of cannabis, setting standards for health and safety, and establishing criminal prohibitions.

This would include establishing restrictions on adult access to cannabis and serious criminal penalties for those operating outside the legal system; creating rules to limit how cannabis or cannabis accessories could be promoted, packaged, labelled, and displayed, in line with the rules in place for tobacco products; instituting a federal licensing regime for cannabis production that would draw 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 limits, as well as a tracking of cannabis to prevent diversion to the illegal 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 and municipalities have a key role to play in the new system.

The legislation would respect that provinces and territories, together with municipalities, have the authority to tailor certain rules in their own jurisdictions and enforce them through a range of tools, including administrative sanctions. Consistent with the recommendations from the task force, the provinces and territories, working with municipalities, would be able to establish rules with respect to where cannabis-based businesses could be located within a community, and also where cannabis could be consumed in public.

Provinces and territories could also set additional requirements to address issues of local concern. For example, provincial and territorial legislatures would have the authority to set a higher minimum age for cannabis possession. Provinces and territories could also set more restrictive limits on possession or personal cultivation, including lowering the number of plants or restricting where they may be cultivated.

Thus, Bill C-45 is drafted in such a way as to provide the provinces and territories with the ability to establish stricter rules under their own authorities.

We are pleased to see that the provinces and territories are already taking action to prepare for the legalization and regulation of cannabis. From coast to coast to coast, provinces and territories are continuing the conversation with Canadians about how best to regulate the sale and distribution of cannabis in their towns, cities, and communities.

While provinces and territories will decide on a system that responds to their particular circumstances, it is clear that all jurisdictions share our government's responsibilities to keep cannabis out of the hands of youth, to shut out organized crime, and to protect public health and safety. This is true for all orders of government.

The House resumed from November 1 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.

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

Thank you, Chair.

Thank you all for being with us this morning. I apologize for the discord that we had earlier, but this is a place of battle.

Many of us feel that Bill C-45 is the most destructive piece of legislation that's ever been introduced in this House. We all have children. We all have grandchildren. I was pleased this morning to hear of the arrival of my 36th grandchild. You heard that right, the 36th.

[Ralph Goodale, Liberal, Regina—Wascana, SK]

There is some advice that disagrees, Mr. Van Kesteren, but if you look at the results of the task force that investigated this issue for the better part of last year and that talked to everyone, including the medical experts and the legal experts, and those with international experience, the task force demonstrated that what's embodied in Bill C-46 and embodied in Bill C-45 is the best way forward, and it has a greater likelihood to be successful than does the law you endorsed, which has failed.

[Ralph Goodale, Liberal, Regina—Wascana, SK]

Because, Mr. Van Kesteren, after the very best and careful consideration and judgment, Bill C-45 and Bill C-46 with it will give Canada a better chance to deal with the very issues you have referred to than will the existing law.

The existing law has failed. The existing law has resulted in a situation in which young Canadian people are the heaviest users of marijuana in the Western world.

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

—walked through, so I'm going to go through that as well.

I have in my hands here a document from Health Canada that talks about consumer information on cannabis. Amongst other things, it states that using cannabis or any cannabis product can impair your concentration, your ability to think and make decisions, and your reaction time and coordination. This may affect your motor skills, including your ability to drive. It can also increase anxiety, cause panic attacks, and in other cases, cause paranoia and hallucinations.

There's also a segment here right on the top that says the product should not be used if you're under the age of 25.

My question to you, sir, as the minister in charge of our public safety and national security, is how can you stand by and allow Bill C-45 to be passed?

[Kellie Leitch, Conservative, Simcoe—Grey, ON]

My last question has to do with your public education allocation, the $2.5 million.

If that's to educate young people, as you stated previously, why is it that in Bill C-45 we're allowing children aged 12 to 18 to actually possess? If we didn't allow them to possess in that piece of legislation, wouldn't your public education issue with respect to driving and the use of this drug be irrelevant?

Also, in Bill C-46, which contains provisions about random testing for alcohol, why are other drugs not included in that bill?

[Kellie Leitch, Conservative, Simcoe—Grey, ON]

We look forward to you tabling all of those so that we have an idea of how you are supporting the RCMP and our front-line workers.

My other question has to do with cannabis and its relationship to Bill C-45. We know that the importation and exportation of cannabis in the past was illegal. In the new legislation, it's still illegal.

[Ralph Goodale, Liberal, Regina—Wascana, SK]

Ms. Leitch, as I've said in response to other questions, not all of our financial asks are in these estimates, and there will be further estimates coming forward. The total commitment we've announced so far in support of Bill C-45 and Bill C-46 is for $274 million. At this stage, about $161 million is focused on needs with respect to Bill C-46. This is the first instalment. There will be more.

[The Chair, Liberal, Bill Casey]

I'll call the meeting to order.

Welcome to meeting number 77 of the Standing Committee on Health and our study on antimicrobial resistance.

I have a couple of little things.

I understand our sound system is not working yet on our teleconference, but hopefully we'll get that fixed shortly.

I'm leaving a bit early, and the vice-chair is going to take over.

At the very end, we're going to have a look at the letter we wrote about Bill C-45 to see if everybody approves of the letter.

I'll introduce our guests, and we'll get into our discussion.

From Halton Healthcare, we have Dr. Neil Rau. He is an infectious diseases specialist and medical microbiologist. Welcome very much.

From the Canadian Patient Safety Institute, we have Sandi Kossey, senior director of strategic partnerships and priorities. Welcome.

Also from the Canadian Patient Safety Institute, we have Kim Neudorf, patient advocate with Patients for Patient Safety Canada. I understand you two are going to share your opening statement.

As an individual, by teleconference we have Dr. Yvonne Shevchuk, associate dean for academics and professor at the College of Pharmacy and Nutrition, University of Saskatchewan.

We'll open with 10-minute opening remarks, starting with Dr. Rau.

Dr. Rau, would you like to fill us in?

[Josette Roussel, Senior Nurse Advisor, Policy, Advocacy and Strategy, Canadian Nurses Association]

Thank you, Mr. Chair and members of the committee, for the invitation to be here with you this afternoon.

I'm a registered nurse representing the Canadian Nurses Association, CNA, the national professional voice representing more than 139,000 registered nurses and nurse practitioners. Across Canada, there are close to 5,000 nurse practitioners who provide care to over three million people in Canada.

I am pleased to be here today to speak about the specific measures related to nurse practitioners, or NPs, in Bill C-63, budget implementation act number two. We are pleased to be here to discuss this important bill ahead of nurse practitioner week, which starts on November 12 and ends on November 18.

On May 17 of this year, CNA appeared before this committee to inform members about the important role played by NPs in our health care system. Our official testimony before the committee on Bill C-44, budget implementation act number one, noted that NPs conduct physical assessment, order and interpret tests, write admission and discharge orders, and prescribe medications.

As an update, I am pleased to say that NPs enthusiastically joined our October 24 webinar entitled “Updates of Form T2201 Federal Disability Tax Credit Certificate: New Authority for Nurse Practitioners”. NPs have certified the DTC since March 22, 2017, budget day, the day the changes took effect. The proposed amendments in Bill C-63 will provide Canada's NPs with the capacity to treat patients to the full extent of their qualifications. As this committee is aware, these qualifications include the ability to complete documentation about their patients' medical conditions.

CNA has gone through the proposed amendments in Bill C-63. We are pleased to let the members of this committee know that the amendments complete the remaining clauses where NPs needed to be added to fully modernize the legislation. As a result of these changes, NPs will be identified in the Income Tax Act and the income tax regulations as eligible to provide certifications or reports related to other tax measures wherever certification or reports are currently provided by medical doctors.

We are pleased to see that these changes will lead to amendments to the medical expense tax credit, the child care expense deduction, the definition of qualifying student, the registered disability savings plan, and the registered pension plan regulations. We therefore encourage members of the committee to accept the proposed changes. These changes will enhance access for patients whose primary care is delivered by an NP in rural/remote and urban communities across Canada.

As we move forward, CNA anticipates that similar changes will be made to the Canada pension plan disability benefit. CNA has met with both ministerial and departmental officials at ESDC about changes that will authorize NPs to complete the disability-related medical reports for patients. These changes will not only enhance access to care but also lower health care costs.

Finally, I would like to take this opportunity to encourage members of the committee to support the recommendations that were outlined in CNA's 2018 pre-budget submission. The recommendations outlined in our brief aim to strengthen public health education of health care providers, including nurses. Our key recommendations to the federal government include investing $125 million over the next five years in public education in advance of the passage of Bill C-45, including a one-time investment of $1.5 million to increase the level of cannabis education for nurses. We also recommend an investment of $45 million over the next five years to scale up provincial and territorial acute care and community-based antimicrobial stewardship programs, including a one-time investment of $1.5 million to increase AMS competence and capacity among nurses through a nursing profession-led knowledge, education, and mobilization program.

In closing, I encourage members of this committee to support Bill C-63. We are pleased that the bill builds on the important changes that were found in Bill C-44.

Thank you. I look forward to your questions.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this morning we started second reading debate on Bill C-63, the budget implementation act. We will continue debate on this legislation this afternoon.

Tomorrow we will commence second reading debate of Bill S-5, concerning amendments to the Tobacco Act.

On Monday, Tuesday, and Wednesday of next week, we shall continue with debate on the budget bill. Last Thursday I indicated to the House that we would allot four days of debate at second reading, which means we would expect the vote to send the bill to committee to take place on Wednesday evening. I would like to thank opposition House leaders for their co-operation in finding agreement on this timeline.

On Thursday, we will resume debate on Bill C-45 on cannabis, and hope to conclude the debate at report stage. We will also be working to pass Bill C-17 on the Yukon before the next constituency week.

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.