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

June 7th, 2017 / 5:05 p.m.
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Liberal

Bill Blair Liberal Scarborough Southwest, ON

Madam Speaker, the advice we received, particularly from our task force, which included people with great expertise in public health, neuroscience, and problematic substance use, was that it should be strictly restricted for those under the age of adulthood. For adult users, what we should be encouraging is lower risk, safer, and more socially responsible use. Those 18 to 25 are the highest users of cannabis in this country. To criminalize their acquisition of this drug would simply leave them to the black market and to organized crime.

The recommendation was adulthood. We recognize and we greatly respect that each of the provinces has the authority under our Constitution to establish an age of majority. In seven provinces it is the age of 19. In three it is 18. We have given latitude to the provinces to make their own decisions as to the age they believe is appropriate.

Cannabis ActGovernment Orders

June 7th, 2017 / 5:05 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, it is an honour today to rise and speak to Bill C-45, the government's draft legislation respecting cannabis and amendments to the Controlled Drugs and Substances Act, the Criminal Code, and other acts. This draft legislation is more than 100 pages long. As the title suggests, it is a complex bill affecting the Controlled Drugs and Substances Act, the Criminal Code, and other acts.

Beyond affecting these acts, this complex bill would also affect individuals. It will affect families and it will affect people's lives. It will affect the provinces and territories and the communities within them. The bill would affect our country in ways we cannot be sure of at this point.

As I begin to speak to the bill and its complexities, I would first like to recognize that the medical community has been studying the effects of cannabis as a drug to treat many illnesses, from chronic pain to anxiety and seizures to illnesses such as intestinal illness and cancer. There are a multitude of illnesses that may or may not be remedied by fully tested, properly prescribed and administered marijuana.

While scientific studies may be on their way to discovering the full potential of cannabis, they are only partway along that path. Much more testing is needed to establish what the full effects and benefits of cannabis are. Science has yet to reach complete conclusions and understanding of the possible detrimental effects of cannabis on the human body.

That said, science has established that cannabis has negative effects on the developing brain of young people. Science has also established the health risks of inhaling smoke, whether it be tobacco smoke, wood smoke, or marijuana smoke. The risk of smoke to human health is well documented.

At this point, cannabis is considered by the laws of Canada as a drug, still not fully tested, with many known effects and many unknown. As legislators, it is our responsibility to consider what the full potential benefits, detriments, and dangers are of any legislation that comes before us, as well as the impact of our decisions and the votes that we take on that legislation. As such, I take this responsibility very seriously, and while I have had some time to look over the bill, there are so many angles, so many components, so many potential impacts, and so many unknowns that I feel much more time is needed before we go down the path of legalization.

Sound and thorough review of this legislation is necessary to ensure that the House does its due diligence to ensure that we perform our duty to the people we represent and not pass haphazard legislation that we come to regret. While I do not disagree that the current status quo is not working, there are other policy options available. One is decriminalization without full legalization, which deserves consideration.

As I mentioned, there is much to be considered. We must consider not only what is on the pages of the bill in the House but also what will be on the pages of the bills in the provincial legislatures, in the territories, and the communities. How will impairment be measured? How will it be proven and penalized? Many of these issues can and likely will be dealt with by provincial legislation, but we have heard that the provinces need much more time and resources to complete the legislation and implementation required.

I have heard from municipalities that they are concerned about how they will draft new bylaws to regulate marijuana production in residential areas and in residential rental homes, which, by the way, will be permitted under this legislation. I have been informed that the provinces and municipalities are looking for funding from the proposed tax and licensing revenue stream that the Liberal government is developing. This funding is required to offset the costs municipalities and the provinces will encounter in dealing with the responsibilities being downloaded onto them by the federal Liberals' election promise, a half-baked idea with no decisive plan for implementation.

Another issue that concerns me as a former small business operator is the impact on small business. What about cannabis use in the workplace?

Large businesses and government agencies may be able to implement random screening processes on a large scale to manage cannabis use in the workplace, but what about the employer managing the corner store? What about the auto repair shop where people take their family car for repairs? What about the other small businesses that will not have the capacity to test or reprimand employees who choose to use the drug before they show up for work or, even worse, use it on their coffee breaks? How will small business owners deal with the challenges without having issues escalate to a point that they either lose the ability to serve their customers or face labour law complaints, be they founded or unfounded?

This kind of scenario is a real possibility, and the consequences could be dire for small businesses, small business managers, and other employees. These are the types of situations and shortcomings that are not addressed in this already complex legislation.

As I said, this bill would end up affecting Canadians in ways we do not think the Liberals have even considered. If the Liberals have considered these possible effects, they have chosen either to ignore them or to pass them on to other levels of government to deal with.

I would also like to address some of the ways in which individuals would be affected. We have heard from the medical community that the use of cannabis affects the function of the brain; that is very clear. We have also heard from the medical community that cannabis has detrimental and irreversible effects on the developing brains of young people. In fact, evidence shows that cannabis should not be used by young people because it has been shown to cause both functional and structural changes in the brains of young people who use it regularly. The Canadian Paediatric Society has cautioned that marijuana use is strongly linked to:

cannabis dependence or other substance-abuse disorders; the initiation and maintenance of tobacco smoking; an increased presence of mental illness, including depression, anxiety and psychosis; impaired neurological development and cognitive decline; and diminished school performance and lifetime achievement.

I am certain that I will be facing questions from the Liberals once I am finished speaking, so before they start asking those questions, I would also pose a question for them in my closing comments.

Part of the platform the Liberals have put forward supporting this legislation is that they are introducing it to protect the health of our children and keep them from harm. When we have health authorities saying that inhaling smoke is detrimental to our health; when we have statements like the one I quoted from the Canadian Paediatric Society, illustrating the risks of cannabis use in young people; when the government is promoting half-baked legislation that would do nothing to eliminate illegal marijuana growth and trafficking; when the Liberals' goal is to create tax revenue that would make the so-called regulated product more expensive than the black market or homegrown product; when the Liberals have no plan to share the potential gains with the provinces and municipalities that will be burdened with their own legal nightmares created by this legislation; when the Liberals have no plan that will actually keep cannabis out of the hands of children at home, let alone on the playground, how can any member on that side of the House believe this is good legislation?

We can likely assume that the Liberals will push this legislation through with their majority and a whipped vote. I believe their motion for early closure of debate on this bill shows that they are afraid to continue debate for fear the multiple flaws in this legislation might be exposed.

As a final comment, I hope at least some of the government members, or eventually the Senate, will take a non-hazy view of this legislation and send it back for a complete remake.

Cannabis ActGovernment Orders

June 7th, 2017 / 5:15 p.m.
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Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Madam Speaker, I want to thank the member for the points he brought forward.

I have a son in the United States. He works down there and has business down there. In Oregon, which I think has legalized marijuana, there is concern. People do not want to hire people who are from Oregon because of the effects it has had on the young people there.

We have former peace officers here, and one has taken charge of this file. There are a number of road deaths of innocent people because of the legalization of a drug that has a mind-altering effect and affects the reaction time of people when they are driving. Apparently there is not yet a roadside test, but it may be close. We have one for alcohol. We may have one for drugs, but I am not sure how testing for a combination of the two is going to happen.

Do you have a concern in your area regarding road safety and the impact it will have in terms of victims who are killed because of the—

Cannabis ActGovernment Orders

June 7th, 2017 / 5:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I want to remind the hon. member that he is to address questions to the Chair and not to the individual member.

Cannabis ActGovernment Orders

June 7th, 2017 / 5:15 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I have certainly heard concerns about the legal definitions of impairment under this drug and the legalities of the equipment that may or may not be available.

I do not believe any of it has been tested in court. Impairment levels could be different from individual to individual. There is so much data that has yet to be looked at, data gained from other jurisdictions that are trying legalization and are still really in the experimental stage. I believe there is a huge risk in it.

Cannabis ActGovernment Orders

June 7th, 2017 / 5:15 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I am somewhat disappointed by the member's comments, in the sense that we now have an option after so many years.

I think it is important that we recognize that in Canada, we have some of the highest usage of cannabis in the developed world amongst our young people. To defend the status quo does not do our young people any justice, nor does it deal with the issue of the crime element, whereby literally hundreds of millions of dollars are generated through cannabis-related criminal activities.

If the Conservatives are having such a difficult time with this particular piece of legislation, in hindsight, even though they had 10 years under Stephen Harper to deal with it, would they not recognize that we need to do something on this issue?

Cannabis ActGovernment Orders

June 7th, 2017 / 5:15 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I believe that if the member had been listening, he would have heard me say that I certainly agree that the status quo is not working but that I do not agree that full legalization is the way to go.

Many times we have heard from members on the other side that they are going to keep it out of the hands of criminals and will remove the criminal element from it. I have yet to understand how they are going to do that. Not one of the members has explained how they can tell a leaf or a bud from a plant that was grown legally from one that was grown illegally. How can we possibly tell the difference? How can we tell if what is on the street is legal or illegal?

The only way buyers are going to be able to tell is by the tax that the government is going to put on it. That is the only way the government is going to be able to keep it out of people's hands.

Cannabis ActGovernment Orders

June 7th, 2017 / 5:20 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, I am pleased to rise to speak on the cannabis act, also known as another poorly thought out, poorly written, rushed-through piece of legislation by the government, which needs time allocation to get it through, only to go to the Senate, where it is going to be butchered and sent back for further amendments, leaving the government wondering why in the world it bothered trying to have independent senators in the first place. However, I understand that is just the working title.

If anyone is watching CPAC at home right now and breathlessly waiting another nine and a half minutes for me to tell them whether I support the bill or not, I will give them a spoiler alert. They should go and have a cup of coffee or something so they do not hear the answer now. Clearly, I do not support the bill as presented. That is shocking, I know.

I want to discuss a couple of highlights, or lowlights, of the bill before I get into the bulk of my speech. We have heard repeatedly from experts and the medical association that setting the minimum age at 18 is way too low. Eighteen is the legal age in Ontario right now, where I am from. Just last week, I had the pleasure of speaking at two different high schools for their graduations, where the huge majority of these children were 18. The government wants to allow children 18 years old to legally smoke marijuana and to go into the stores any time to pick it up. It is disgraceful. Youth aged 12 to 17 would be allowed to have up to seven joints at the same time.

The legislation would put Canada in contravention of international laws and treaty obligations, including the Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971, and the UN Convention against Illicit Traffic in Narcotic Drugs. There is no plan from the government right now to address these issues.

There are problems with drug-impaired driving. There is no universally accepted limit for what constitutes impaired driving. There is no common line across the world that has a legalized system to say this is what impairment is. Current drug testing involves oral fluid samples, but it can only provide the presence of the drug, not the concentration. Chemical traces of marijuana stay in an individual's body for a long time after impairment is no longer an issue. Saliva tests are very expensive at $20 to $40 for every single test. Currently, checking for alcohol at roadside stops costs pennies. Now we are going to force this huge cost upon municipalities to bear.

One of the arguments we hear is that legalizing it will push out organized crime. Who in the world thinks the Hells Angels, or anyone else in organized crime currently taking in billions, is going to stop and say, “It's all over. Let's pick up our toys and go home. It's now legal. Maybe we can use our motorcycles to become Uber drivers, because we're obviously out of the business”? It is simple-mindedness to think that the Hells Angels, and all these criminal organizations that have been doing this for years and years, with amazing market penetration, are going to just pack up their stuff and go away. I am not advocating for organized crime or the Hells Angels, but this is reality.

One of the arguments we hear is that it will fill the tax coffers. We can legalize it, tax the heck out of it, and raise a lot of money. Unfortunately, the parliamentary budget office, the same PBO the government is trying to muzzle with its omnibus budget bill, says the opposite. It says the money raised by the government will be measured in the millions and millions, not the billions. To quote the PBO, “The illicit market, their profit margins are very high, so they have room to compete with the legal market, which makes it even more difficult for the government to set the price and the tax rate.”

The PBO says the government is not going to push out illegal drugs unless it keeps prices down. Now we are going to have the government helping to set the price of marijuana low to keep out organized crime, thus making it easier to access for Canadians.

The PBO estimates the pot market is worth about $4 billion to $6 billion. Of that, the feds are going to take $100 million or more, the provinces will take a bit more, and that is only if they keep taxes and prices down. When have we ever seen the government keeping prices or taxes down? Does anyone in Ontario or B.C., with their public liquor store systems, the B.C. Liquor Stores and the LCBO, actually think government is going to keep prices down and undercut organized crime? I do not think so.

President Reagan has many famous quotes, and one of my favourites was when he described governments' view on business as thus: “If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.” I can very well see a future where the government, with its interference in this market, with regulations and added taxes, makes it difficult for legalized marijuana to compete with organized crime, and therefore, lowers taxes or changes the system, or perhaps even subsidizes it, to better compete with organized crime.

One government member argued that pot arrests are tying up the courts. I have to ask, why not just decriminalize it? The Canadian Association of Chiefs of Police says so. My colleagues in the NDP do not disagree with it. What is so magical that on June 30 marijuana is going to be illegal but on the very next day, July 1, it is going to be magically okay? I do not often agree with my friends and my colleagues in the NDP, but they do have a point.

I am stunned that the Liberal member is using this argument about tying up courts when the government has failed to fill open positions in the courts for over a year. My colleague, the member for St. Albert—Edmonton, has been calling for the government to fill the judge positions that the government has neglected to fill.

Murderers are being let go because we do not have judges. Of the 101 applications for release by accused persons because of court delays, 51 were granted, including, from Edmonton, Adam Picard, who was accused of murdering a gentleman named Fouad Nayel, and another one, Lance Regan, also accused of murder.

Here we have the government not filling judge positions but we have another member of the government stating that we cannot tie up the courts with pot. She does not seem to care that we are not filling the judge positions and are allowing accused murderers to go free, but she is concerned about the courts being tied up otherwise.

Why such a big rush to legalize by July 1, 2018? Why the arbitrary cut-off? Is it perhaps because the government is under pressure from so many broken promises, such as balancing the budget by the end of its mandate in 2019, which will now be 2055; the $30-billion deficit, which will now be hundreds of billions of dollars; or the whole open and fair competition to replace the fighter jets, which it is not doing because it is going to CF-18s, so maybe we will throw them under the bus because we have to appease Bombardier.

Of course, the biggest promise the government may have broken is on electoral reform. We know the government rallied youth to its cause with the electoral reform promise, which it has now cancelled. Is it rushing through the bill, putting families and children at risk, just so it can draw this cohort back to Liberal support?

I have to wonder, again, why July 1? Is it so the Prime Minister can light the symbolic first joint on Canada Day, or maybe arrange to photo bomb a bunch of people toking up and get his PR experts to create a hashtag and call it a photo bong?

We have spoken to the RCMP in Edmonton. I have spoken to the police in our riding. They say they are not going to be ready by July 1. The training is not going to be done. The ability to detect levels of intoxication will not be ready. Municipalities have told us they are not ready, and they do not want to get stuck carrying the bill for this poorly thought out legislation.

Provinces are scambling to get ready. The Province of Alberta, just a week ago, started consultations on how it is going to regulate and distribute marijuana in Alberta. That is four million people, and we just started the process. Our schools are not ready. However, the government says not to worry; they have a plan for education and prevention of $9 million over five years. That is 5¢ for every Canadian, over five years.

Let us put that in perspective. The government, in its budget, has put down $120 million for the same time frame as free charging stations for Tesla owners. If people own an $85,000 Tesla, the government is there for them. However, if a family is trying to keep their kids away from marijuana, here's a nickel a year. It is ridiculous.

In conclusion, I wish the government would take a step back and realize it is too soon. I understand it has a majority, it has a mandate, and it is going to push this through. However, I beg the government to slow it down and let us have proper consultations with the provinces, municipalities, and families before it steamrolls this ahead.

Cannabis ActGovernment Orders

June 7th, 2017 / 5:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member for Edmonton West will have five minutes for questions and comments when this matter comes up later today.

It being 5:30 p.m., the House will now proceed to the consideration of private members’ business as listed on today’s Order Paper.

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, and of the amendment.

Cannabis ActGovernment Orders

June 7th, 2017 / 6:30 p.m.
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Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Mr. Speaker, before we engaged in the private members' business, I listened attentively to my colleague from Edmonton West and heard him talk about the need to consult very closely with municipalities.

I am glad the government does that as a matter of not just habit but good governance. I am glad the Conservative Party is starting to realize that talking to municipalities has a value, especially when they tell us good things and give us good advice. We can build a great country with them. We have been talking with municipalities about the need to support them with maintaining standards around this and the law enforcement around this issue, particularly in those areas where municipalities run their police forces.

We have met with the mayor of Edmonton on this precise issue and on other issues related to this. We have met with the mayor of Calgary as well. Are there any other mayors or reeves or local politicians in Alberta that members think we could talk to, many of whom support the bill with a great deal of clarity, to get their advice around revenue streams and other components of this? We want to make sure we reflect all of the municipalities and incorporate their perspectives into this process as we move forward with the best legislation around this issue this country has ever seen.

Cannabis ActGovernment Orders

June 7th, 2017 / 6:30 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I am glad the hon. member made his way out west. He asked who else he could speak to.

He could talk to the mayor of Morinville, who is the president of the AUMA, whom we met with in Ottawa just a month ago. She expressed absolute disdain for the bill and how the government has not once picked up the phone and spoken to anyone in a rural area. She was absolutely disheartened by the government offloading all of its costs onto municipalities, while providing no support for policing and no support to the provinces.

There are a lot of people in Alberta the member could talk to. He could start with the head of the AUMA.

Cannabis ActGovernment Orders

June 7th, 2017 / 6:30 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, at this late hour, I am pleased to rise to ask a question of my colleague, the member for Edmonton West. My specific question is on the enforceability of many portions of the act.

It is fine to write legislation, even if it very poorly written, as I think Bill C-45 indeed is, but there is a lack of enforceability for sections such as how we will actually enforce the limit on four plants in a dwelling. For the marijuana tracking system that the Liberals have proposed in the legislation, there is no real money assigned to it in the budget. We do not really know how it is going to work. How will they track marijuana produced privately in someone's home or are they even thinking of tracking this type of information?

We know this means that thousands of joints could be out there that a person could then sell illegally on the market. There is really no way to enforce many of the provisions of the act. How does the member think the government actually intends to enforce these provisions?

Cannabis ActGovernment Orders

June 7th, 2017 / 6:30 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I do not think the government knows how it is going to regulate or track this. Right now, we have a bill that would allow every household in this country to have four pot plants that could produce over 3,000 joints. There is nothing in the legislation about how they are going to track that. There is no funding for this.

When I used to work in Burnaby, I was great friends with the head of the Burnaby RCMP. There were such rampant problems with grow-ops in that area because they did not even have the resources to go after grow-ops then, much less when every single household will be able to have their own grow-op. There is nothing in the legislation explaining how the government is going to stop people from having five plants, or six plants. Is the government going to separate a building into apartments if it is a duplex, or if it is an upstairs-downstairs building?

The government has left so many holes in the legislation, we could drive an 18-wheeler full of pot through it any time.

Cannabis ActGovernment Orders

June 7th, 2017 / 6:35 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I rise today on behalf of constituents in the great riding of Renfrew—Nipissing—Pembroke to highlight four problems with the PM's pot law.

This is a major piece of legislation the government has decided to push through Parliament. The government says the rush is so that weed will be legal for Canada Day in 2018. I am sure the Liberals want to have a great party next year, but I suspect there are other motivations behind this rush. Whether we are opposed to legal weed or support legalization, I think all Canadians agree, once they have learned the details, the PM's pot law is a bad trip.

As it currently stands, there are four fatal flaws in the Prime Minister's pot law. First, age restrictions are shameful. Second, the silence on edibles is deafening. Third, the costs are being downloaded onto municipalities, and fourth, who would benefit from the PM's pot law is a problem.

Those four problems must be corrected at committee, and none more so than the bill's treatment of young Canadians. Despite all the available medical evidence, the PM's pot law would legalize marijuana for Canadians over 18. Until the age of 25, the human brain is still growing and developing, and science shows that marijuana has a detrimental impact on that development. All the medical experts, including the Canadian Medical Association and the Canadian Psychiatric Association agree that anyone aged 25 to 21 should not be using marijuana due to the side effects on the brain's development. Let me quote from the CMA's journal:

The government appears to be hastening to deliver on a campaign promise without being careful enough about the health impacts of policy.... If Parliament truly cares about the public health and safety of Canadians, especially our youth, this bill will not pass.

This is what Dr. Prasad, president of the Canadian Psychiatric Association had to say:

There is a strong evidence-base showing that early and regular cannabis use can affect cognition, such as memory, attention, intelligence and the ability to process thoughts and experiences....

The experts agree that this law would fail to protect young Canadians by making it legal for young Canadians, 18 years and over, to buy up to 30 grams of pot. Of course, that does not even address the bigger problem with the PM's pot law, which is how it deals with Canadians under 18. The pot bill would make it legal for Canadians between the age of 12 and 18 to carry up to five grams of marijuana in public. That is 15 joints. All the doctors recommend an age of at least 21, if not 25, but the government decided that 12 years old should be the real cut-off.

The PM's pot law needs to be changed to protect the minds of young Canadians and prohibit pot possession for youth under the age of 21.

My constituents were angry to learn the bill would legalize five grams for kids 12 and up, but when they found out how the bill would fail to protect children 12 and under, they were rightfully outraged. They learned the PM's pot law is silent on edibles.

The legalization of marijuana in Colorado and Washington state has revealed a disturbing trend. Once legalized, the fastest growing market for marijuana was consumable food products, such as cookies, brownies, lollipops, chewing gum, and gummy candies, the exact types of products that appeal to children. The PM's pot bill has no controls or regulations on these products.

Our previous Conservative government banned flavoured tobacco products for the reason that they are aimed primarily at children and teenagers. Similar restrictions and regulations must be brought into place on marijuana food products to protect children under 12. Left unregulated, edibles will fall into the hands of small children.

The costs of caring for children who ingest edibles will not be paid by these Liberals, but downloaded onto our provinces and local municipalities, which brings us to the third problem with the Prime Minister's pot law. The pot law would place new burdens on local services, starting with policing costs. Municipalities in Ontario, already struggling with an infrastructure deficit as a result of Toronto Liberal policy that treats rural communities unfairly, have seen their policing costs skyrocket.

Ontario municipalities pay the highest policing costs in Canada. Liberal policy has shifted the burden onto smaller municipalities from towns and cities. In my riding of Renfrew—Nipissing—Pembroke, the Municipality of Greater Madawaska saw its policing bill from the province jump 192%. The Township of McNab/Braeside has seen its policing costs rise about $650,000 in the last two years alone. Barry's Bay is looking at an increase of $200,000 a year in policing costs. In the words of former Renfrew County Warden Peter Emon:

Not only are policing costs unnecessarily borne upon the residential tax-base, we are paying to enforce statutes which our municipalities did not enact. We are having real struggles accepting costs where we are footing the bill of federally and provincially-initiated legislation.

The costs of enforcement to municipalities will be astronomical. In this example, currently, there is no real roadside test for drug-stoned drivers. The current test can only confirm the presence of drugs, not the level of intoxication. Therefore, just the additional cost of testing required to determine the level of impairment alone will add hundreds of thousands of dollars to policing costs. In fact, the bill increases the role of police in pot enforcement, as officers will now be required to, among other things, measure the height of marijuana plants at private residences to ensure they are within the regulations. Residents will end up paying for the Liberal pot laws in one way or another. Demands on health care services, addiction treatment, and mental health services will also increase. All these increased burdens on our municipal services come with no new funding, meaning that our rural townships and small municipalities will be forced to choose between fixing roads and measuring pot.

Failing to protect children and downloading costs to provinces and municipalities are fatal flaws in this legislation. Those problems can be fixed by changing the legislation, but no amount of amendments can change the Prime Minister's real motivation for legalization. With the current government, all it takes is being one of the Prime Minister's billionaire buds to have preferential access to government funding and contracts.

The PM's pot law will have the effect of transferring the profits of the marijuana industry from organized crime to organized Liberals. Just like what happened with the Green Energy Act in Ontario, well-connected Liberals stand to make millions of dollars from the legalization of marijuana as owners of medical marijuana companies, law firms, and distribution shops. Just look at some of the Liberals who are already profiting from the PM's pot law. George Smitherman, a former Ontario Liberal cabinet minister, is now a shareholder in a medical marijuana grow-op. Chuck Rifici, a former Liberal Party financial officer, co-owns a medical marijuana grow-op. Mark Zekulin, a former senior advisor to Liberal ministers, is now the CEO for a medical marijuana grow-op. Even the government's own pot czar attended a fundraiser hosted by medical marijuana grow-ops. We have all heard the term “cash for access”, but this is cash for hash.

I wish I could tell Canadians that all of this is so outrageous as to be unbelievable, but this really is just business as usual with the Liberals. The only thing that is surprising is how the Liberals are not actually liberalizing anything. The regulatory hurdles facing prospective growers are designed to only be navigated by well-connected corporations. Farmers who have some experience with growing plants will need to buy a lot more tickets to Liberal fundraisers if they are going to have any hope of getting a permit.

The Liberal Party is falling behind on fundraising. That is why it is rushing through this legislation. It is obvious this is not about protecting teenagers and young adults, otherwise it would raise the age limits. This is not about protecting children, otherwise it would have legislated rules for edibles. This is not about saving taxpayers' money, the costs are just being downloaded to the municipalities. This is about Liberals helping their friends and lining their party's pockets.