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.

This enactment enacts the Cannabis Act to provide legal access to cannabis and to control and regulate its production, distribution and sale.
The objectives of the Act are to prevent young persons from accessing cannabis, to protect public health and public safety by establishing strict product safety and product quality requirements and to deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework. The Act is also intended to reduce the burden on the criminal justice system in relation to cannabis.
The Act
(a) establishes criminal prohibitions such as the unlawful sale or distribution of cannabis, including its sale or distribution to young persons, and the unlawful possession, production, importation and exportation of cannabis;
(b) enables the Minister to authorize the possession, production, distribution, sale, importation and exportation of cannabis, as well as to suspend, amend or revoke those authorizations when warranted;
(c) authorizes persons to possess, sell or distribute cannabis if they are authorized to sell cannabis under a provincial Act that contains certain legislative measures;
(d) prohibits any promotion, packaging and labelling of cannabis that could be appealing to young persons or encourage its consumption, while allowing consumers to have access to information with which they can make informed decisions about the consumption of cannabis;
(e) provides for inspection powers, the authority to impose administrative monetary penalties and the ability to commence proceedings for certain offences by means of a ticket;
(f) includes mechanisms to deal with seized cannabis and other property;
(g) authorizes the Minister to make orders in relation to matters such as product recalls, the provision of information, the conduct of tests or studies, and the taking of measures to prevent non-compliance with the Act;
(h) permits the establishment of a cannabis tracking system for the purposes of the enforcement and administration of the Act;
(i) authorizes the Minister to fix, by order, fees related to the administration of the Act; and
(j) authorizes the Governor in Council to make regulations respecting such matters as quality, testing, composition, packaging and labelling of cannabis, security clearances and the collection and disclosure of information in respect of cannabis as well as to make regulations exempting certain persons or classes of cannabis from the application of the Act.
This enactment also amends the Controlled Drugs and Substances Act to, among other things, increase the maximum penalties for certain offences and to authorize the Minister to engage persons having technical or specialized knowledge to provide advice. It repeals item 1 of Schedule II and makes consequential amendments to that Act as the result of that repeal.
In addition, it repeals Part XII.‍1 of the Criminal Code, which deals with instruments and literature for illicit drug use, and makes consequential amendments to that Act.
It amends the Non-smokers’ Health Act to prohibit the smoking and vaping of cannabis in federally regulated places and conveyances.
Finally, it makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

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

Second ReadingCannabis ActGovernment Orders

June 6th, 2017 / 10:55 p.m.


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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, I want to thank my colleague from North Island—Powell River for raising the concern about the 15,000 Canadians who have been charged with marijuana offences since the current government was elected. The government was elected on a promise to legalize marijuana, and the message is very confusing to young adults in particular. We are saying one thing—that the government is going to legalize marijuana—yet law enforcement is going ahead and charging people. We are tying up the courts, tying up law enforcement agencies, and confusing young people.

Young people are being told this is going to be legal, yet today they are going to be charged for the crime and then one year down the road, they will not be charged. The message we are sending to young people is unfair and confusing. I would like the member to comment on how we need clarity on this issue in the short term and to talk about how important it is that we decriminalize in the short term.

Second ReadingCannabis ActGovernment Orders

June 6th, 2017 / 10:55 p.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I certainly agree that we need to be looking at the realities that young people are facing right now in this very uncertain time. We know the long-term impacts and we know that racialized youth are targeted. Those are serious issues that we would like to see the government deal with, and we are absolutely not seeing that happen.

When the government makes a commitment to something and people are waiting for that, it is important that it works with them in a meaningful way. What we hope to see out of the legislation is resources and money going into educating and supporting young people because we definitely want to see them have strong, healthy lifestyles. At the same time, simple possession for a small amount, the lifelong barrier they will face, and a government that will not find a way to support young people through this transition is shameful. I hope to see that change.

Second ReadingCannabis ActGovernment Orders

June 6th, 2017 / 10:55 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, it is interesting to hear the member talk about people having a lifelong impact in terms of a criminal record. I do not think we need to have ths discussion in an all-or-nothing way. Our party supports a ticketing option. I would certainly support proposals that the NDP might have around easing the pardon system, because I agree, in principle, that if people are involved in simple possession of marijuana when they are young, a criminal charge may be appropriate although very rarely would be the result. More likely, a warning would take place and a ticketing option would help address that. In any event, if someone were to get a criminal charge, it is sensible that he or she would be able to, within a reasonable time frame, have access to a pardon.

Does the member not think that some of the proposals we have would maintain a clear message about the harms of marijuana, while still minimizing the impact? In other words, could we not go about this part-way in the middle?

Second ReadingCannabis ActGovernment Orders

June 6th, 2017 / 10:55 p.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I will just have to say that I absolutely disagree. We need to move forward to something that is going to actually see positive steps. That rigid war on drugs has absolutely not worked and we need to see a new strategy. I look forward to working toward that.

The House resumed consideration of the motion that Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, be read the second time and referred to a committee.

Cannabis ActGovernment Orders

June 6th, 2017 / 10:55 p.m.


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Halifax Nova Scotia

Liberal

Andy Fillmore LiberalParliamentary Secretary to the Minister of Democratic Institutions

Madam Speaker, I am rising today to speak to Bill C-45. I am honoured to contribute to the very thoughtful discussions that we have been having in this place and indeed beyond the House about the legalization and regulation of cannabis. I want to thank all of my colleagues for sharing their perspectives on how we can best regulate cannabis to foster healthy and safe communities across this country.

Underneath this debate there are many unifying themes. We are united by a common desire to protect Canadian youth, to uphold public health, and to ensure that cannabis profits are not fuelling organized crime or other threats to public safety. A similar desire is visible outside of the House. Canadians are ready to move toward an approach to cannabis that prioritizes public health and safety, especially for our children.

The current model has not achieved that goal. As we know, an illegal cannabis market is all too much a reality in Canada. We agree with Canadians that the status quo is not working for our families and for our communities. Now it is time to look to the future and ask seriously how we are going to make the positive changes that these families and communities deserve.

Bill C-45 does just that. Through Bill C-45 we are entering a new era where our approach to cannabis enshrines public health and safety. The proposed legislation is underpinned by cautious, evidence-based decision-making to ensure that we take the necessary steps to protect our families and communities.

This government has demonstrated its commitment to evidence-based decision-making across diverse policies and cannabis is no exception. Throughout the process of creating the legislation we have listened to evidence from across the country and in June 2016, our government launched the task force on cannabis legalization and regulation. Above all else, I want to sincerely thank the task force members for their incredible and diligent work on this topic.

The tireless members of the task force and their chair, the hon. Anne McLellan, crossed the country to consult Canadians. They spoke with provincial, territorial, and municipal governments. They spoke with indigenous governments and representative organizations. They spoke with diverse people across Canadian civil society including experts, patients, advocates, youth, employers, and industry experts. That is only the in-person discussions.

The task force also reviewed an amazing 30,000 submissions. Throughout these discussions, the task force developed a rich perspective on how we can best design a new legislative and regulatory framework for legal access to cannabis. The result was an extensive report with far-reaching and detailed recommendations, which was released in December 2016. I am proud that our proposed legislative and regulatory system was informed by and closely aligned with these in-depth recommendations, recommendations that are the product of broad public conversations.

Bill C-45 seeks to ensure that Canadians have the information they need to make evidence-based decisions in their own lives. Through public awareness and education, we can cultivate a culture that is more conscious of cannabis's effects.

I want to reinforce the importance of public awareness and education with a question. What happens when we Google cannabis? The same thing that happens when we Google many other things. A deluge of information appears. Some of it is true. Some of it is not, and it can be incredibly dangerous when that false information informs Canadians' decisions around cannabis use.

The Canadian Centre on Substance Abuse released a study in January 2017 called “Canadian Youth Perceptions on Cannabis”. This study questioned how youth form their understandings of cannabis. In their research, the CCSA found that youth receive most of their information about cannabis from, not surprisingly, friends, peers, the media, and to some extent from their families. The CCSA also found that participants appeared to struggle with critically evaluating the mass of information online and in the media. Amidst the glut of information on cannabis, this study found it is challenging to pick out which conclusions are valid and which are highly biased.

Why is this alarming? These perceptions of cannabis are shaping Canadians' choices around cannabis across the country. Misinformation can lead to dangerous choices. We need to question how we can encourage our youth to make safe decisions around cannabis. I am excited that the proposed legislation works towards this goal through two complementary foci, public education and protecting our youth.

Public education on the harms and risks associated with cannabis will be guided by our evidence-based approach. We will monitor patterns and perceptions around cannabis use, particularly those held by Canadian youth, through an annual Canadian cannabis survey. This information will be crucial to informing our public education and awareness activities, allowing us to more effectively reach out to Canadians. What is more, the survey findings will enable us to mitigate the risks and harms of use associated with cannabis. That is the power of evidence-based decision-making.

Budget 2017 reflects our commitment to public education and awareness around cannabis. In the budget, our government committed $9.6 million over five years to a comprehensive public education awareness campaign as well as to surveillance activities. This campaign will ensure that all Canadians, including youth, understand the risks and harms of cannabis use. This is a crucial step toward safe and healthy communities.

When it comes to protecting youth, the framework we have right now is not working. We have all heard the numbers, but they need to be repeated. Statistics show that youth and young adults are the highest users of cannabis in Canada. Twenty-one per cent of our youth and 30% of young adults in our country used cannabis in 2015 alone. To put these numbers in a global perspective, Canada has the highest rate of youth cannabis use in the world. These numbers are a reminder to everyone why this legislation needs to move forward.

Bill C-45 would take strong action to protect Canadian youth. Under the proposed legislation, selling or providing cannabis to youth would be met with serious criminal penalties. What is more, new offences and strict penalties will be established for those who use youth to commit a cannabis-related offence.

The proposed act would also take steps to ensure that law enforcement will be able to focus on working to ensure that cannabis stays out of the hands of Canada's youth.

In addition to these crucial measures to protect youth, the proposed cannabis act would also work to change how cannabis is perceived and assessed. We spoke about the impact of perceptions of cannabis among Canadian youth. The proposed act would address these questions by prohibiting any products, promotion, packaging, or labelling that could be appealing to youth. Similar to the Tobacco Act, this is an important means of ensuring that marketing campaigns are not targeting youth.

Canada's youth are our future. As we stand at Canada's 150th year since Confederation, we need to look at the future and ask, “How can we best support young Canadians?” We need measures like Bill C-45 to create a safe environment for Canada's youth so that this next generation of leaders can flourish.

To protect Canadians, a pillar of Bill C-45 is public health. This legislation will take two fundamental steps to create a regulatory regime that will enshrine public health and safety.

First, we will set rules for adults to access quality-controlled cannabis. I mentioned the importance of increasing awareness and information about cannabis. However, it is key that this information be rolled out in parallel to a comprehensive regulatory regime. These strict quality controls would ensure that Canadians know what they are buying. We need to monitor product quality to minimize risks to Canadians' health and safety.

Second, we will establish a new, tightly regulated supply chain. Through this regulated supply chain, we can take profits out of illegal markets and away from organized crime. Bill C-45 would bring in serious criminal penalties for those who operate outside the legal market. Together, these measures will foster public safety for Canadian families and communities.

I am privileged to have a strong working relationship with the law enforcement community in my own riding, including with the Halifax Regional Police. In fact, on a Saturday night just last month, I had the opportunity to do a ride-along with the commander of the night watch. I saw first-hand that team's commitment to protecting our communities and ensuring our neighbourhoods are safe for everyone. That night I learned that the illegal guns and gun violence on the streets of my city are there because of drug deals, and it is the same across this country. Taking profits from illegal cannabis sales out of criminal organizations is the best way to further the goal of getting guns off the streets and to complement the ongoing efforts of our tireless law enforcement officers.

It is also important to note that under the new act, the program for access to cannabis for medical purposes will continue. Researchers are continuing to explore the medical effects of cannabis use. Dr. Jason McDougall at Dalhousie University in Halifax received a grant from The Arthritis Society to study how cannabis compounds can be used to manage arthritis pain. Bill C-45 would maintain the program that allows access to cannabis for medical purposes, which reflects the task force's recommendation to maintain a separate medical access framework to support patients.

Finally, after listening to Canadians and experts across the country, this government has taken an evidence-based approach to move toward a new regulatory regime. I deeply admire the extensive work that has been done to ensure that we introduce comprehensive legislation that puts Canadians' health and safety first.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:05 p.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I would like to thank the member for Halifax for his attempt at defending the legislation the government is bringing forward. I have to say that some of the ways the government is trying to make this workable, or what it thinks is going to be workable, are absolutely laughable.

The member for Vancouver Quadra also brought up the issue of plain labelling so that no labelling would attract youth. I would like to have the member explain a bit more how that is going to work when right now the plainest label we can get for marijuana is a baggie. There is nothing on it. How is the government's labelling going to be any plainer than that and turn away kids?

Cannabis ActGovernment Orders

June 6th, 2017 / 11:10 p.m.


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Liberal

Andy Fillmore Liberal Halifax, NS

Madam Speaker, I thank the member opposite for the question and his keen interest in this file as we move to improve the situation for all Canadian families and communities.

The illegal drug trade flourishes through the use of the plastic bags that the member refers to, and that is precisely what we are aiming to change through this regulation, so that the sale and provision of cannabis is done in a very safe, regulated way, where the crime is transferred from the person holding the legal amount of cannabis to the person selling the cannabis illegally.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:10 p.m.


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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, the hon. colleague from Halifax is certainly aware that we will be supporting this bill.

Our biggest concern, again, is around the 15,000 young adults and Canadians who have been charged with cannabis offences for carrying small amounts of cannabis. There is so much confusion going on. I do not know about the member's community, but in my community there are five dispensaries. Young people are confused.

They know the Prime Minister got elected on a promise to legalize marijuana. There are a lot of young people who actually do not watch what is going on in the House of Commons, if members can believe it. They do not know what is going on. They are confused about what is happening. There is one detachment in my riding that is enforcing it and one that is not. They are both RCMP.

I just Googled cannabis, as you did, and I found that I can buy a lot of cannabis online. Maybe the member could speak about whether he thinks it is just and fair that young adults are getting charged right now, when the government is going to legalize marijuana.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:10 p.m.


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The Assistant Deputy Speaker Carol Hughes

I just want to advise the member that I did not Google cannabis.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:10 p.m.


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Liberal

Andy Fillmore Liberal Halifax, NS

Madam Speaker, there is very excellent Wi-Fi in the House here, and you could give it a try.

What the task force heard across the country was very clear. The concerns were around the health and safety implications to our children of ingesting adulterated cannabis, and then the very harsh and draconian, very old-fashioned and outdated punishments and criminal records that accompany possession at this point. Those, combined with getting the guns off the streets and the profits out of criminals' hands, are the biggest issues we are facing right now.

We have heard the hon. minister and the parliamentary secretary speak, saying that the law is the law until we change the law, and we must proceed in an orderly and predictable way with our provincial partners through this process, and we will get there eventually, but for now the law is the law until we change it.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:10 p.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Madam Speaker, I believe the member for Halifax left out one very important point about what legalization would do, and that is that individuals would know the strength of the product and that there would not be impurities in that product.

People do not know what they are buying off the streets from the criminal element, and that is a health factor in itself. I wonder if the member for Halifax could comment on that.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:10 p.m.


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Liberal

Andy Fillmore Liberal Halifax, NS

Madam Speaker, members from across the country will have heard stories in their own ridings about young people who thought they were buying an innocent amount of marijuana of a quality that could be trusted, and instead found themselves in an emergency room because they did not know or understand what was in that product.

I thank the member for Malpeque for highlighting that. This is all about knowing what it is that is being purchased.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:10 p.m.


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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Madam Speaker, I want to shout out to one of my fans watching from our riding, a young girl named Madison. I just want to say hi and thanks for watching tonight.

I want to talk about a couple of issues I have with cannabis. We have heard from the government side that legalization is supposed to reduce all harm to kids and make all the problems go away. There is a reason cannabis is illegal. It is because it is not good for people. I have a couple of articles on my iPad right now about the negative health effects on our lungs.

I want to dispute two supposed facts that are being put on the table tonight by the government. First, the government says it wants to protect our youth. Second, it says it wants to promote public health with the legalization of cannabis.

I am going to talk about youth. Part of problem with the bill is that the government members say they want to keep marijuana out of the hands of kids. I would dispute that, based on what the bill proposes. It does say that they want to prohibit it for anyone under the age of 18, but we know that kids are going to get hold of it. Kids are defined as anyone under 18. Guess what the penalty is if kids deal five grams or less to other kids? It is zero.

I will read from the distribution clause for everyone out there watching tonight, and for Madison, who is listening too. It states:

Unless authorized under this Act, it is prohibited...for a young person (i) to distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 5 g of dried cannabis.

What that says, in a kind of sneaky way, is that it is prohibited above five grams, but it is completely okay to distribute five grams or less. We have heard other members of my party tonight say that five grams can be as many as 15 joints of marijuana. I have a vision of kids selling marijuana to other kids.

The government members are saying that they are trying to protect our kids, when the bill says the opposite. They say that they are absolutely not going to do anything about kids selling marijuana to other kids. To me, the health of our kids is not being considered in what they are saying here. If they really cared about our kids, they would toughen up the regulations and laws they are putting forward on kids' possession and distribution of marijuana. This is not just about having one joint, even though that is still going to be harmful, potentially. We are talking about 15 joints they are going to be allowed to distribute among themselves, legally, with no threat of any kind of prosecution, ticket, offence, or anything.

I have four kids of my own. One concern I have is that as soon as this is legalized, it will make it sound as if the government is giving its blessing that it is okay to do.

I want to talk a little more about the second fallacy, the government saying it wants to protect the health of Canadians. I have an article by a pretty reputable association, the American Lung Association. This was one of the many reasons, when we were in government, we did not want to legalize cannabis. This is what it says about marijuana:

The American Lung Association is concerned about the health impacts of marijuana use, especially on lung health. We caution the public against smoking marijuana because of the risks it poses to lung health. Scientists are researching marijuana, and the American Lung Association encourages continued research into the health effects of marijuana use, especially on lung health.

Smoke is harmful to lung health. Whether from burning wood, tobacco or marijuana, toxins and carcinogens are released from the combustion of materials. Smoke from marijuana combustion has been shown to contain many of the same toxins, irritants and carcinogens as tobacco smoke.

On the one hand, we have great programs in this country where we have seen tobacco use reduced. We have these great efforts by Health Canada to make sure we do our best to not market cigarettes to kids, or for that matter to adults. We have packages that are negatively marketed to adults, with pictures of bad teeth and bad lungs. However, on the other hand, today, in 2017, we are saying it is really bad to smoke cigarettes, but it is okay to smoke marijuana because someone is an adult. To me, that is absolutely ridiculous.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:20 p.m.


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Liberal

Darren Fisher Liberal Dartmouth—Cole Harbour, NS

Who said that? Who said that? Nobody is saying that.