Bill C-45 (Historical)

Cannabis Act

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

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

Cannabis Act

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, it is an honour to speak to Bill C-45. As several of my colleagues have already noted, the current approach to cannabis is not working. It has allowed criminals and organized crime to profit while failing to keep cannabis out of the hands of Canadian youth. In many cases, it is easier for our kids to buy cannabis than cigarettes, and the evidence shows that Canadians are using cannabis in greater numbers. In doing so, they engage with criminals and take on the added health risks associated with consuming an unregulated product. In addition, they put themselves at risk of a criminal conviction and of the lifelong consequences of a criminal record for possessing even small amounts of the substance.

Forcing a total prohibition on cannabis occupies the valuable time of the police and criminal justice system and diverts resources for more important priorities without any appreciable public health benefit. An unintended consequence of our current prohibition approach to cannabis is that it criminalizes our children. I am certain that the intention of the 1922 legislation was not to criminalize children in future generations. Getting caught with cannabis and being charged opens the door to the criminal justice system, and for many, stepping through this door is a one-way journey, especially for vulnerable and marginalized communities, and has lifelong consequences.

It is important to pose this question to members in the House. Is it the position of the Conservative opposition that Canadian adults between 18 and 25 lack the maturity and intelligence to make informed choices about their own health? They can get married, get a mortgage, build a career, start families, yet the Conservatives think that these Canadians cannot make informed choices about their own health.

I would say that we need to look at some parallels in the past. When I was growing up in the 1970s, Canadians had two choices if they wanted to gamble. The first choice was to go to Las Vegas. The second choice was to stay here and participate in illegal gambling dens. If we looked around the country, there were active anti-gang units within police forces. Why? It was because they were responsible for curbing the illegal behaviour of Canadians.

One of the great things about Canada is that our country has enshrined the rule of law, and what is important is that Canadians respect the rule of law. The laws that we pass in the chamber matter. When Canadians have a safer, legal, more socially accepted option, they choose it.

What happened in the 1970s? Governments made policy changes. They legalized and regulated legal gambling. What happened is that Canadians quickly changed their behaviour. They stopped going to the illegal gambling dens and started participating in regulated legal gambling. That changed the stranglehold that the criminal-controlled element of gambling had on that sector. Governments competed, governments drew down the price, people voted with their feet, and the criminal gangs could no longer compete with the governments. Then the criminal gangs left the sector, but more importantly, Canadians who have addictions to gambling can now get the supports they need, paid for in part by the revenues that this legal, regulated gambling now generates.

It would be hard to find any police force in this country today that contributes any significant resources to curbing illegal gambling. Why? It is because policies changed and governments regulated a former illegal activity. The parallels to what is happening right now with the resources police forces must use to curb illegal drug use and possession are stark.

The work our government is trying to do is to strictly regulate and legalize cannabis in small amounts of 30 grams to make sure that our children are protected. At the same time, we are boosting the criminal penalties for illegal possession, illegal distribution, and illegal trafficking of this substance. Not only are we going to have faith in Canadian adults to make choices about their own health, not only are we going to work with provinces and territories to strictly regulate the production and distribution of this substance, but we are going to make sure that protections are there for our children, because that is what we promised to do and that is exactly what this government will deliver.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

It being 7:55 p.m., pursuant to order made on Tuesday, June 6, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

All those in favour of the amendment will please say yea.

[Some hon. members]

Yea.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

In my opinion the nays have it.

And five or more members having risen:

Pursuant to order made on Tuesday, May 30, the division stands deferred until Thursday, June 8, at the expiry of the time provided for oral questions.

[For continuation of proceedings see part B]

[Continuation of proceedings from part A]

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

Mr. Speaker, I move:

That, in relation to Bill C-24, an act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act, not more than five further hours shall be allotted to the consideration at the second reading stage of the bill; and

That, at the expiry of the five hours provided for the consideration at the second reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

Pursuant to Standing Order 67(1), there will be a 30-minute question period.

I invite hon. members who wish to ask questions to rise in their places so the Chair has some idea of the number of members who wish to participate in this question period.

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Mr. Speaker, it is disappointing we will not be able to continue to debate this legislation as we have had very little opportunity to do so.

We recognize the government is making changes in terms of salaries for ministers, but at the same time we feel a bit frustrated. It is a bit disingenuous for the government to say it is going to give women important ministerial portfolios while not giving them the full resources to perform those ministerial roles. That seems to be the Liberal way of doing things. There is the flash, and then there is reality.

I want to ask the government a question about an issue that really is our biggest concern. We are quite concerned about the fact that the Liberals are taking away the regional economic development ministers from Western Canada, Quebec, Northern Canada, and Atlantic Canada. Economic development ministers from those regions are going to be centralized in the Prime Minister's Office under the direction of the minister from Mississauga. We have heard ministers from Atlantic Canada complain about how slow things such as applications to ACOA, are being processed and decisions are being made.

How can the government justify stripping away economic development ministers from important regions of our country, ministers who know their regions, and should be making decisions in their regions?

[Bardish Chagger, Liberal, Waterloo, ON]

Mr. Speaker, I appreciate the opportunity to rise and to hear that the member wants to debate this legislation. We too recognize the importance of this legislation. We recognize the importance of a one-tier ministry where a minister is a minister is a minister. With respect to the member's question about the regional development agencies, they do important work. We recognize they need to be brought together to be able to work together.

When the Prime Minister says we are strong not in spite of our differences but because of our differences, and that diversity is a strength, he is also talking about the regional diversity of our country. This is important to us. We will continue to advance it. When RDAs can work together, share best practises, and also share their challenges, more Canadians will benefit. When Canadians benefit, the country benefits. When the country benefits, all Canadians benefit, and the country will be better off for it.

[Thomas Mulcair, NDP, Outremont, QC]

Mr. Speaker, since coming to power the new Liberal government has not been shy about imposing time allocation to shut down debate, even on very important topics.

We are talking about a major change in our society. We are talking about legalizing marijuana. We would have liked possession of marijuana to be decriminalized immediately because we know that 15,000 Canadians, mostly young people, will have a criminal record for their entire life because the Liberals botched things. What a mess.

I have here several pages of quotes on this mechanism for cutting debate short. I would like to read one.

One quote from the deputy House leader of the Liberal Party just before the last election:

The government, by once again relying on a time allocation motion to get its agenda passed, speaks of incompetence. It speaks of a genuine lack of respect for parliamentary procedure and ultimately for Canadians. It continues to try to prevent members of Parliament from being engaged and representing their constituents on the floor of the House of Commons.

I listened to the good words of the government House Leader a few moments ago. She talked about the diversity of our country. Not everyone in Canada agrees with the legalization of marijuana, even if we know that it is a reflection of a change in our society. It has to be done right. That is why we are so upset to see the government once again cutting off debate. A guillotine is not used to cure a problem. Debate is continued because these are complex issues. We in the NDP know we are heading to legalization, and we support that, but we also support the rights of parliamentarians to a full debate. Canadians expect no less.

Legalizing marijuana will require quite a bit of work. We saw how the Liberals behaved toward Quebec on the constitutional file. Quebec was only asking to open a dialogue, but the Liberal Party slammed the door in its face.

It is doing the same thing here. Many families are worried about what we are doing. They want us to take our time and propose real solutions. They do not want the half measures we keep getting from the Liberal government.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

Before we go to a response, I want to remind hon. members that there are quite a few people who want to ask questions. If we can keep our questions and answers as close to one minute as possible, it would facilitate it for everyone.

The hon. government House leader.