Cannabis Act

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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

Elsewhere

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

Votes

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

Cannabis ActGovernment Orders

May 30th, 2017 / 9:05 p.m.
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Conservative

Phil McColeman Conservative Brantford—Brant, ON

Mr. Speaker, how does the government propose to handle the production and distribution of cannabis from first nations? We have done a very poor job of controlling tobacco from first nations, to the extent that 62% of the product that is consumed in Canada is contraband tobacco coming from operations on first nations. How does the government propose to govern and handle the production from first nations?

Cannabis ActGovernment Orders

May 30th, 2017 / 9:05 p.m.
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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, in fact, my hon. colleague put his finger on what is a central concern around the status quo of access to illicit cannabis. The whole objective of this act is to take cannabis out of the possession of criminal organizations and gangs, which pose a threat not only to indigenous communities but also to our youth, and to put it under a strictly regulated and governed distribution process.

Therefore, in answer to my hon. colleague, we will be working very closely with our provincial and territorial partners to ensure a robust regulatory system is in place to ensure the safe distribution from seed to sale.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:05 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I thank my colleague for his speech.

As members of the House are aware, one of our concerns, one that we have been talking about for some time, has to do with the decriminalization of marijuana and the amnesty that will be granted subsequently. The Prime Minister himself has illustrated how his family's privileged connections allowed a member of his family to escape criminal charges that could have resulted from his recreational use of marijuana.

Can my colleague tell us why the government suddenly changed its tune? During the election campaign, the Prime Minister specifically said that amnesty and the possibility of wiping out the criminal records people could be saddled with for something that would be legal moving forward would be a cornerstone of the process to legalize marijuana. Now the Minister of Public Safety and Emergency Preparedness is saying the opposite.

Can my colleague explain why the government changed its mind?

Cannabis ActGovernment Orders

May 30th, 2017 / 9:10 p.m.
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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, I have a lot of respect for my colleague, and I thank him for his question.

The question is a relevant one. What we have said is that to ensure there is proper regulation of cannabis, we need to remove it from the hands of criminals and ensure it is properly and safely regulated in co-operation with provinces and territories.

The problem with the decriminalization proposal put forward by the NDP is that it does not address that risk. As an interim measure, I do not think colleagues on the other side of the aisle want to see our youth or any community put at risk. That is why we are moving forward with Bill C-45 in this fashion.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:10 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, you will probably not be surprised to hear me say that I am very much opposed to this slapdash bill. Considering everything the experts, including health professionals, have said about it, it is hard to understand why this bill even exists.

I have a very simple question for the member. I have been hearing from landlords all over Quebec and especially in my region. They all want to know if the government, which we know had some kind of plan, has given any thought to measures to support landlords who do not want people growing or using cannabis in their buildings. Is there anything at all in this bill, even just a single line, to protect landlords?

Cannabis ActGovernment Orders

May 30th, 2017 / 9:10 p.m.
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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, I thank my colleague for his question. What he said is not true. A lot of research, expert testimony, and work went into drawing up this bill. We on this side of the House are very proud of this bill. We are working with the provinces and municipalities to create a regulatory system.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:10 p.m.
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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalParliamentary Secretary to the Minister of Innovation

Mr. Speaker, I am very pleased to rise today to support this bill.

First, I would like to congratulate the Minister of Justice and her parliamentary secretaries, especially the hon. member for Scarborough Southwest, for all their work on this bill.

Bill C-45 is important legislation that delivers on a core commitment of our government, to introduce legislation to legalize and strictly regulate cannabis in order to keep it out of the hands of youth and to keep profits from gangs and illegal elements of society.

Bill C-45 would move Canada forward in addressing the health and social harms that result from the current failed approach to cannabis. It would help reduce the role that organized crime currently plays in the production and distribution of cannabis in Canada. In addition it would place our government in a better position to protect the health and safety of Canadians, particularly youth.

Last spring, our government established the task force on cannabis legalization and regulation. The task force was given a mandate to consult broadly across Canada with experts in law enforcement and public health, as well as with community groups and ordinary Canadians. Over 30,000 responses were received by the task force through an online consultation. In its final report, released this past December, the task force was clear that the current approach to cannabis was simply not working.

Canadians, both youth and adults, use cannabis at high rates. Many do so without fully understanding the associated risks. They obtain their cannabis illegally, to the benefit of organized crime. The products they obtain are often produced in dangerous environments, without any regard for quality or the health of the consumer.

The science is clear: there are risks associated with cannabis consumption. Although some people use cannabis for therapeutic purposes, it can pose a serious health risk, especially for young people.

We know that these risks notwithstanding, a portion of the Canadian population chooses to consume cannabis just as they engage in other behaviours that can be detrimental to their health.

The question for us, then, as parliamentarians is how best to mitigate these risks and better protect the health and well-being of Canadians.

Our government believes that the answer is not in continuing to criminalize the possession of small amounts of cannabis. Such a policy would only serve to compound its public health and safety risks. Instead, Canadians will be better served by adopting a public health approach. Such an approach would involve a controlled and strictly regulated system, with clear standards and requirements and backed with appropriate oversight and strong public education efforts. It is precisely this type of framework that Bill C-45 sets out to establish in Canada.

I will repeat that the consumption of cannabis is not without risks.

These risks have the potential to increase significantly, depending on a number of factors, including age at which use begins, frequency of use, duration of use, and the amount used. For example, youth are especially vulnerable, as their brains are still developing, and this health risk increases when they begin to use cannabis in early adolescence.

Particular health risks are also posed by illegally produced cannabis. Criminals do not worry about producing cannabis in a clean environment so that it is not contaminated with mould, bacteria, or heavy metals. They do not label their products to clearly communicate information about potency. They only care about making a profit and not getting caught.

Our government is serious about mitigating the risks and dangers of cannabis consumption. That is why an education campaign about cannabis for the general public is already under way.

Our government has adopted a proactive approach to education and public awareness by using social media to convey messages about drug-impaired driving and by inviting parents to have conversations with their children about drugs.

Through this public education campaign, our government is also addressing the issue of addiction. We want to enhance the knowledge that the public has about addiction to help Canadians understand the risks associated with cannabis use, especially for youth and other vulnerable populations. Our government also wants to provide Canadians with the information they need to make informed decisions about the choice to use cannabis.

Minimizing the harms and risks associated with cannabis use is also why Bill C-45 includes a number of powers that would allow our government to regulate the legal market. Under the bill, the Minister of Health would have the power to set regulatory requirements to address a broad range of health and safety issues. This includes requiring that cannabis be produced in a clean and sanitary environment and that it be appropriately packaged, with clear information on the label with regard to product potency and important health information.

Until now, my comments have focused on the effects of cannabis on health, and I explained how a public health approach would be better for mitigating those risks.

However, I now want to talk about how the existing approach to cannabis poses a unique threat to public health and safety. The existing approach aggravates the risks of cannabis because it creates a dynamic in which Canadians who decide to use cannabis are forced to do business with criminals, some of whom may have ties to organized crime. That exposes Canadians to the risk of violence and other criminal activities, including illegal drugs that are even more harmful than cannabis.

There is also a danger posed by large illegal grow operations, including those that are found in suburban neighbourhoods. This underground illegal activity can result in serious public health and safety issues, including explosions, fires, and damage to property.

Concern about these public health and public safety risks is shared by many Canadians, which is why our government is moving forward with its commitment to legalize and strictly regulate cannabis within a co-operative framework with the provinces, territories, and municipalities.

By introducing Bill C-45, our government is making Canadians' health and safety a top priority, as demonstrated by the fact that the very essence of this bill is based on a public health approach.

The regulatory measures set out in Bill C-45 are consistent with the recommendations made by the working group. They seek to better protect Canadians from the health and safety risks associated with marijuana, restrict access to cannabis, particularly for young people, and reduce the profits generated by the black market.

Bill C-45 would put strict rules in place across the entire commercial supply chain for cannabis production, distribution, and retail sales. It would provide the government with the ability to strictly regulate the safety and quality of cannabis products and to place limits on its promotion, packaging, and labelling in order to reduce its appeal to youth.

With this bill, our government will also put in place a seed to sale tracking system in order to monitor cannabis products as they pass from one stage to another in the supply chain, from the growing of marijuana to its retail sale. This system will prevent cannabis from being diverted to an illicit market and prevent illegal cannabis from entering the legal supply chain. The system will also make it possible to order the recall of products and remove them from the market.

Bill C-45 proposes a comprehensive approach for the oversight and control of cannabis that would provide Canadians with access to a legal source of cannabis that is strictly regulated for safety and quality. As with all products regulated in Canada, including food, medicine, and consumer products, Canadians should be able to have access to cannabis that they know meets minimum standards for safety and quality.

Colleagues, by establishing a robust regulatory framework for legal access to cannabis, supported by a strong public education and awareness campaign, Bill C-45 provides an opportunity for Canada to significantly reduce these risks and to better protect its youth.

My three children are 20, 18, and 16, so I deal with this challenge every day. I sincerely believe that this science-based, evidence-based bill is the best way to regulate and control cannabis.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:20 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, I will not repeat how utterly opposed I am to this bill because I think everyone here already knows. However, I would like to ask my colleague a question. He said something very interesting at the end of his speech, when he touched on his personal life.

I too have three children. His are older than mine. He talked about how important it is for this bill to be based on science, research, and real data, but there is a universal consensus among scientists that consuming marijuana is dangerous for people under 25. Nevertheless, the bill will make it legal for 18-year-olds to use marijuana.

If my colleague is really sincere, then if nothing else, he should turn to his colleague who sponsored the bill and ask him to raise the minimum age to 25. If he does that, then he can go ahead and talk about science.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:25 p.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, everything I said was very sincere. It is clear that the existing system is not working for teenagers. They can get cannabis anywhere. It is very easy to find.

At 18, they have the right to vote and fight for their country. At 18, they are adults capable of making all kinds of personal choices.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:25 p.m.
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NDP

Wayne Stetski NDP Kootenay—Columbia, BC

Mr. Speaker, back in March, I held a telephone town hall in my riding of Kootenay—Columbia, and 3,300 people stayed on the phone for an hour. There was a great deal of interest in the riding. I had a panel of experts that they could phone as well.

One of the concerns that was really prominent in my riding was trying to ensure that small growers, which are very prevalent in parts of my riding, continue to have a role in the future of legalizing cannabis in Canada. If not, I can pretty well guarantee that there will continue to be a black market for marijuana.

I am interested in the member's views on trying to ensure that co-ops and small growers are part of the future.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:25 p.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, we will have to work with the provinces. In terms of the actual distribution system, we will work closely with the provinces, territories, and municipalities to ensure that a system is put in place that takes into account the desires of the province in terms of distribution.

In this particular case, we have given the right to individuals to have up to four plants. After that, we will work with our partners to fill out the rest of the system.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:25 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, this is my first opportunity to rise in debate on Bill C-45. I do think the government has achieved a good balance on this overall. It is appropriate that there are many gaps to be filled in by provincial regulation.

I am particularly concerned that a product that has such high profit margins not be overtaken and run by the cigarette industry or any of the existing large corporations that could force out, as my colleague the member for Kootenay—Columbia mentioned, smaller producers. In my own area of southern Vancouver Island, there are many people in what might be described as a craft industry of edibles for pain relief. They are enormously rigorous about what they produce. I would not want to see them forced out by large corporate interests.

However, I do have one concern about the legislation as drafted, and I wonder if it is open to amendments. The punishments found in the bill for those who violate provisions of this bill could involve indictable offences and prison sentences of up to 14 years. These strike me as excessive. I wonder if the government is open to amendments.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:25 p.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I will leave the amendment process to our committee, under the guidance of our parliamentary secretary and the government generally.

However, I do note that as a rule there is some flexibility in sentencing through the discretionary power that judges have. I think that we will, at the end of the day, strike the appropriate balance throughout all of our legislation.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:25 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Before we resume debate, for the benefit of all hon. members I will remind members that during the time for questions and comments—which, by the way, have been quite subscribed to this evening, since there is lots of interest in questions and comments—we will try to keep interventions to no more than one minute. We will go by the usual rotation, giving preference to parties that are not the party of the member who has just presented his or her speech, but rather to the others. The same thing will happen, of course, when the speech moves to the other side of the House.

That is the usual rotation. It is not to the exclusion of the party of the member who just spoke, but for the most part it will go to the parties that are not his or her party.

Resuming debate, the hon. member for Langley—Aldergrove.

Cannabis ActGovernment Orders

May 30th, 2017 / 9:30 p.m.
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Conservative

Mark Warawa Conservative Langley—Aldergrove, BC

Mr. Speaker, it is a real honour to speak in the House again. I spoke last night to Bill C-46, and tonight I will speak to Bill C-45.

I will be sharing my time with the member for Bellechasse—Les Etchemins—Lévis, who introduced Bill C-226, which dealt with impaired driving. The Prime Minister, interestingly, provided a letter to an organization made up of people who had lost loved ones to impaired drivers. They have asked for tough legislation, with mandatory minimums. The Prime Minister signed a letter prior to the election promising to introduce legislation with mandatory minimums, and Bill C-226 was that bill. Sadly, the Prime Minister has broken another promise by not supporting it.

The legalization of cannabis in Canada is being proposed through this bill, Bill C-45. Bill C-46 deals with the new impaired drivers who are expected to be on the road.

I listened intently to the justice minister and members on the other side, made notes, and tried to summarize what they were saying over and over again, which is to trust them and that they want to keep cannabis out of the hands of children, young Canadians, and organized crime. That is their motive.

This bill is being rushed, rammed through, with a promised end date of a normal two-year process. It will not be a two-year process. It will be ready and in place by July 1, Canada Day, of next year. Why the rush? Why are we telling the Senate, the new appointed, independent senators, that they must rush this through?

Why are we ignoring science? The government said it consulted thousands of Canadians. A parliamentary secretary of the government is a former police chief and clearly had a position that legalizing marijuana would not take it out of organized crime. Why the about-face? Why the one-eighty? We also saw the finance minister do an about-face on old age security once becoming a member of the government. It appears that the Prime Minister has an agenda to keep this as his number one promise: to legalize marijuana and to do it by July 1 of next year.

Is there truth behind the claim that it will keep cannabis out of the hands of children and young Canadians? What are the Liberals proposing? They are proposing that every household, including households with children, will be able to have four producing plants, and we know that four plants means 12 plants. There would be four producing plants up to a metre tall, then four plants that are halfway toward that, and plants that have just been planted so they can start growing and get ready for being harvested. We know through the medical marijuana program that four plants means 12 plants. Every home across Canada could legally have them. Is that going to keep cannabis out of the hands of children? A reasonable person would say no, that does not make any sense.

Youth aged 18 and older would be able to legally possess up to 30 grams. What is 30 grams? It is 60 joints. Right now, if Canadians are found with 60 joints, or 30 grams, in their possession, are they criminalized? I am sure many of us have spent time with the police and have seen how they handle illegal drugs. Are people stuck in jail and criminalized? No, the drugs are confiscated. Under Bill C-45, the drugs would not be confiscated anymore. People would be allowed to legally walk around with 60 joints in their pockets or backpacks if they were 18 and older. How about the 12-year-olds up to 18? They could have five grams legally. That is what is being proposed. Is that keeping it out of the hands of our children? Absolutely not.

There is a proverb, a wise saying, “A tree is known by its fruit.” What kind of fruit are we seeing in making it easier for children to have access to this? There are many situations where children do not have access to it. They now will have access to it.

Will it take it out of the hands of organized crime? According to the parliamentary secretary, a former police chief, no, it will not. According to experts, police, and people with law enforcement backgrounds in our caucus and in other caucuses, it will not take it out of their hands. Right now it is illegal. What is illegal now will be made legal. That is how they are dealing with the illegality problem. Organized crime will still want to make its money in some way.

We now can have 12-year-olds to 18-year-olds running around with five grams, 10 joints. It will be totally legal. It will not be confiscated. Eighteen-year-olds and older will have backpacks full of joints.

The government is saying that a majority of Canadians believe it should not be a criminal offence for youth to have cannabis. The option would be to decriminalize it. That has not been a proposal presented by the government. It would legalize it and make it available. People can grow it in every home. Children can have it in their possession legally, and it could not be confiscated. This is not what Canadians expected from the government. This has gone far beyond what is reasonable.

The government has also said that this new legislation is based on science and consultation. However, the consultation they received from law enforcement is that this is flawed. It will restrict their ability to take it out of the hands of children. It will restrict the opportunity to deal with children and say, “You cannot have this. This is bad for you.”

Science has said that it is bad for them. We have heard it time and again. The Canadian Medical Association has said that this is harmful for developing minds. The government is saying, “It may be, but we do not want them to have a criminal record”, which they are not going to get anyway. It will be confiscated.

What is being proposed by the government is not based on science. It is based on politics. It is based on political promises made during an election.

Will this make Canada safer? Will this help protect the health and safety of Canadians? Absolutely not. A reasonable person will say that this makes no sense. Why are they going ahead against science, against law enforcement, and risking the health and safety of Canadians?

I do not have time to get into the issue of road safety, with all these new impaired drivers on our roads and the cost to train police officers and the drug recognition experts, the DREs. There are no devices to determine whether a person is impaired. They could have these little strips that will indicate that there is marijuana in a person's system, but they do not determine whether there is impairment. It is going to be very difficult to get people who are truly impaired off the roads. We do not have the policing resources. What we have is legislation, Bill C-45, being rammed through by July 1 of next year, with no enforcement, no funding, no preparation, and no equipment to protect the health and safety of Canadians. I am shocked that the government is doing this, and I think Canadians are shocked too as they listen to this debate.

This will go on to the justice committee. It will be interesting to see whether the government is open to any amendments, because what it is proposing does not make sense. Canadians do not support this. They support taking time to do this right. I hope the government is flexible enough to listen to common sense, to be reasonable, and to base something on science that will be good for Canada and will truly protect our youth.