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

[The Deputy Speaker, Conservative, Bruce Stanton]

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

[Some hon. members]

Yea.

[The Deputy Speaker, Conservative, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Conservative, Bruce Stanton]

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #310

[The Deputy Speaker, Conservative, Bruce Stanton]

I declare the motion carried.

The House resumed from October 19, 2016, consideration of the motion that Bill C-24, An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act, be read the second time and referred to a committee, and of the amendment.

Second Reading

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is always a pleasure to rise and address the chamber. Bill C-24 is one of those pieces of legislation that one would expect that all members of the House would get behind and support. I want to highlight three aspects of the bill that are really important so that members across the way understand exactly what they are voting against, or, we hope, voting in favour of.

One of the things that I am especially proud of is the fact that this government has recognized the importance of infrastructure in Canada in a very real and tangible way. One of the things the legislation does is reinforce that. It does that by recognizing that the Minister of Infrastructure, Communities and Intergovernmental Affairs is going to change to the Minister of Infrastructure and Communities. As we all know, the Prime Minister deals with intergovernmental affairs and I will provide a brief comment on that shortly, but I want to pick up on the issue of infrastructure.

I have always thought that all parties in the House recognize the value of infrastructure. The Stephen Harper government talked a lot about it. Their actions did not really follow through, but they talked a lot about it. The NDP members have also talked a great deal about infrastructure. For the first time, not only do we have a government that talks about infrastructure, but we understand the benefits of investing in Canada's infrastructure and we are doing it in record amounts. Never before in the history of Canada have we seen so much money allocated to infrastructure.

It should not be any surprise that we have a Prime Minister who has acknowledged that we need a minister who is responsible for and dedicated to the infrastructure of our country. That is something we as a government or as a caucus have recognized and believe in because we understand that municipalities have been talking about the importance of investing in infrastructure for years. It is not only municipalities. Provincial jurisdictions and many different stakeholders recognize if we do not invest in our streets, bridges, community centres, green projects, and housing, we cannot advance our communities in every region of our country.

For the first time we have, through the Minister of Infrastructure and Communities, a solid, tangible commitment to reach into the many different communities in all regions of our country and invest in Canada's infrastructure. One could talk about the very direct benefits of x millions of dollars committed to a community, which will see the construction of something through that money, but we can also talk about the indirect benefits. By investing in infrastructure we are enabling our businesses, small, medium, and large, to be able to have a higher level of commerce. We could talk about our community centres or the many other investments in Canada's infrastructure and how they will benefit.

It was telling when the Minister of Infrastructure and Communities last week talked about the difference between this government and the former government when it came to real investments and announcements in regard to improving Canada's infrastructure. In the month of May, we made more announcements and investments in infrastructure than Stephen Harper did in four years. That is significant in every region of our country, including areas where there is concern, where many of the Alberta MPs are standing up to say they want to see more action by the Government of Canada. They started asking those questions well after the Alberta Liberal MPs were lobbying and suggesting that we needed to be able to get on the ground floor in terms of making sure that Alberta's needs were being taken care of.

That is why we saw special attention, from the very outset, paid to how we could work with the Province of Alberta. That is not to say that Alberta will get more. We understand the importance of treating every region of our country equally. Whether it is in Atlantic Canada, Quebec, Ontario, the Prairies, B.C., or the territories, we are seeing incredible amounts of investment of public dollars in infrastructure, because we recognize just how important that is. It is not just announcements. We are talking about real, tangible dollars that are going to have a real, desired impact.

With the passing of the legislation, we would be sending a very clear message. The message is that given the importance of infrastructure, not only for today but into the future, we need to make it very clear that we have a stand-alone department of infrastructure that has the sole purpose of ensuring that Canada's infrastructure is moving forward in a very aggressive and progressive way. We have seen the minister do an outstanding job of not only using those public dollars but looking beyond that to ensure that we maximize the benefits.

With the infrastructure investment bank, we now have the opportunity for organizations, such as organized labour, to assist in investing in our infrastructure, as opposed to looking in other countries outside of Canada and using those union dollars, for example, in infrastructure. We have singled out the importance of infrastructure, and I am very glad that we have taken the time to introduce that aspect to the legislation.

I had the opportunity to ask the government House leader a question on this very important issue. I recall, so vividly, after the last federal election, when the Prime Minister introduced the federal cabinet to Canadians. We were all so very impressed with what we saw. We saw gender equality. We saw an equal number of women and men in cabinet, and that is historic. I believe that we not only have a Prime Minister who talks about being a feminist but who is actually a feminist. He does us all proud with the types of actions he takes, day in and day out, to reinforce just how important it is that we recognize that women's role in society is not for tomorrow, it is for today, and where we can take action, we need to take action. We saw that as one of the very first announcements that the Prime Minister made.

When we look at the legislation we have before us today, we see it was not good enough to say that we were going to have a cabinet that was gender equal. We are also going to have a cabinet where every minister is treated the same. It is a one-tier cabinet. That is something we understand and appreciate. Whether it is the Minister of Status of Women or the Minister of Finance, when they sit around that cabinet table, they are equal. It is one vote.

I know the Minister of Status of Women has just as strong a personality as the Minister of Finance or any of her other colleagues, and she should have that equal voice around the cabinet table.

I am very proud that we have a Prime Minister who has recognized that we need to have one level of cabinet ministers. This ensures there is that sense of equality. That will not take effect once the legislation passes. In fact, that took effect from day one when the cabinet was sworn in.

The government House leader reminded me of pay equity. This is something we all talk about a great deal. I heard an interesting quote from a New Democratic MP across the way, and I want to repeat it. When we were talking about pay equity just over a year ago, I believe on an opposition day, the member said:

In 1981, Canada ratified the Convention on the Elimination of All Forms of Discrimination against Women, which recognizes women's rights to equal remuneration and to equal treatment in respect of work of equal value. It has been 40 years since Canada committed to these three foundational documents, and we are still not where we need to be.

I agree. We need to improve and do better. Groundbreaking pay equity commitments were made by Pierre Trudeau's Liberal government. This is something one of my New Democratic colleagues from across the way highlighted. It has taken a while, but what are we saying in this legislation? We are saying that all ministers should receive the same pay. When we talk about pay equity, a statement needs to be made. I am not sure exactly how members are going to vote, but we have legislation that takes that into consideration. I suggest it is a wonderful opportunity. Instead of just talking about it, we can vote on the issue.

I again want to highlight there are five ministers of state, which we say are full ministers. They are the Minister of International Development and La Francophonie, the Minister of Science, the Minister of Small Business and Tourism, the Minister of Sport and Persons with Disabilities, and the Minister of Status of Women. They are the ones we said we had to change and put them in full minister positions, ultimately being one-tier.

I truly believe, whether it is sitting around the cabinet table or looking at departments, that if we wanted to do a department-by-department cross-check, one of the most important departments, which I have mentioned before, is small business and tourism. Earlier today, the minister talked about how small businesses are the backbone of Canada's economy. When we think in terms of growth for our country, small businesses have to be at the table. We do not have a minister of state responsible for that, but a minister who, when she sits at the cabinet table, is treated in the same fashion as any other minister.

Along with business comes tourism. We have seen incredible increases in the last year in tourism. We are talking millions-plus of additional tourists who have come to our country in the last year. It was 2016 over 2015, I believe, when I saw that number a while ago. Let us think in terms of jobs. If we ask Canadians what they are concerned about, those in the middle class or those striving to become part of it, they are all concerned about jobs. Think of the jobs created when a million-plus additional tourists come to our country. That creates opportunities. We take that very seriously. The minister who deals with small business, entrepreneurs, and tourism is just as important as any other minister who sits around the cabinet table.

That is why I would challenge members across the way when they start saying there are two tiers, and they start to favour that, or they have questions about issues of pay equity, or questions about infrastructure. These are all good reasons for why the opposition should be voting in favour of this legislation.

Another component deals with regional development. We have a number of different agencies that we are looking at to bring under one ministry: Atlantic Canada Opportunities Agency, Western Economic Diversification Canada, Federal Economic Development Initiative for Northern Ontario, Economic Development Agency of Canada for the Regions of Quebec , Federal Economic Development Agency for Southern Ontario, and Canadian Northern Economic Development Agency.

I am somewhat sympathetic to what some of the opposition members have said with respect to this. However, let me encourage them to take a broader approach to the benefits of having one of the ministers lead the whole issue of innovation, technology, and development. He, in this case, has a multitude of different programs that he happens to be responsible for and is doing an incredible job. All members need to do is look at some of the numbers that have been coming in, and the trend looks fantastic. He is responsible for those agencies continuing to be not only effective but he is actually making them more effective. We have a government and a ministry that is better coordinated to do that.

I believe that is the best way to approach it. We have a Minister of Health, and I will use health as an example. The administration of health care is a provincial jurisdiction. I do not hear members across the way arguing that we should break it down into regions, and then have those regions report to the Minister of Health nationally. No, we have one single Minister of Health who has the responsibility of health and all the components, including mental health, hospice care, emergencies, health accords, all that responsibility and so much more. Even though there are differences in the different provinces and territories, the minister is able to pull it together and come up with some wonderful things.

I would suggest we have another wonderful minister who is able to look at Canada as a whole, respecting the importance of investments in our different regions, and supporting not only those regional agencies but also has his hands on a multitude of different programs, ensuring they are working as one, so that these organizations will be healthier. I do not know about the other caucuses, but in our caucus the ability of my colleagues to communicate the importance of their individual regions let alone their own constituencies to the different ministries, and advocate for them is very strong. I do not believe we are losing out by moving forward on this particular bill. For many reasons, I would encourage members across the way to have an appreciation that this is a bill that is worthy of support.

In conclusion, I have made reference to this before and other members have addressed the issue of why we are using time allocation. At times there is a need for a government to use time allocation, and I said that when I was in opposition because I recognized that. I also voted in favour of sitting until midnight, even when Stephen Harper requested that. It is because we are prepared to work hard in order to make a difference in the everyday lives of Canadians from coast to coast to coast, and that is why I do it.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, the member talked about all ministers being tier one ministers now, but of course, we know that is not true. The responsibilities do not match all of them. Some of them have deputy ministers, and some of them do not. Some have junior portfolios, and some have far greater responsibilities.

The great thing about Parliament is we are all tier one members of Parliament. We all have an equal voice. Of course, it does happen that the government then uses time allocation and shuts down debate on us, and allows its members to have a say within their caucus when introducing government legislation. However, we also know why there will be three mystery ministers added in Bill C-24, because the government will make sure the member for Winnipeg North, who has worked hard, will join cabinet. The minister for disinformation would be a fine title for him.

I would introduce a private sector concept based on my human resources background, pay for performance. I would introduce performance-based pay, and I know that the former minister for democratic institutions did not meet the requirements of her mandate letter, insulted the electoral reform committee, and failed actually to achieve what the Prime Minister and the electoral platform the Liberals ran on was set to do.

Would he agree with me that we should introduce performance-based pay for all ministers of the government?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I have to disagree with the member, and really challenge him to revisit the way he might be considering voting on this legislation. Let me just use one example. He points out the deputy ministers, and those ministers who have deputy ministers. The Minister of Status of Women, to whom the member made reference, has a deputy minister. In fact, if the member was aware, he would know that one of the most senior indigenous women is the deputy for that particular department.

In terms of getting the job done, we have seen the minister, along with other ministers within this government, demonstrate day after day that they know how to get the job done, something with which Stephen Harper's minister were challenged at the best of times.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, my colleague will find I am already sold on the basic principle of equal pay for equal work, but where are the job descriptions? It seems to me that the Liberals are trying to quietly pass ministers of state off as ministers.

Here is a very simple example. When I ask the Minister of Science a question about pyrrhotite, which affects many families in my riding, I get an answer from the Minister of Innovation, Science and Economic Development. This shows, or at least seems to suggest, that a hierarchy is forming.

If a hierarchy does exist, then there have to be multiple job descriptions; in other words, equal pay for equal work does not apply. This seems to me like a massive cover-up by a government that appointed a number of women ministers without giving them any major portfolios. Now they are backpedalling by saying everyone should have the same salary, regardless of job description. Their argument is that every minister has a vote at the cabinet table.

I would like some clarification on the job descriptions of the various ministers.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, maybe the member across the way does not recall, but there was a commitment by this Prime Minister to be more transparent and accountable. Let me use his question as one of the ways we can demonstrate that. We all know that Stephen Harper, as the former Prime Minister, used to have ministerial mandate letters. It is something that is fairly common, but we did not necessarily realize back then, and I know my colleague across the way was here when Stephen Harper was the Prime Minister, that it was a private issue between the ministers and the Prime Minister.

Along with the gender equal cabinet that was announced, and along with the announcement that there is only one level of cabinet minister that sits around the cabinet table, we also made public and transparent the ministerial mandate letters.

A good starting point for the member might be to review some of those publicly. They are out there to be found. If the member has a challenge finding them, I am sure we can assist him on that. I can assure him in a very transparent, open, and accountable way, we have a Prime Minister who shares with the public every minister's mandate letter. We see that as a positive thing.

[Michael Levitt, Liberal, York Centre, ON]

Mr. Speaker, we see priority areas, not just for this government but for Canadians, in each one of these titles. We see it in the performance of each one of these women, what they are performing, and the sense of duty they bring to these jobs. I have to concur that their effort level and the requirements they are fulfilling, this type of a one-tier cabinet is absolutely essential. These are priority areas for all of us.

As the father of a 15-year old daughter, and as the son of a single mom, I am proud to come to work every day with these fine ministers. I see no reason why they should not be on an equal par. Could the hon. member comment?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, my colleague's question gives us a bit of a mindset with respect to the importance of the issue of pay equity among Liberals.

Earlier today, the Minister of Status of Women told me that they were aggressively looking at ways to ensure there was more pay equity among federal workers. This is a very popular discussion within our caucus. I have had the opportunity to comment on it in the past as have others.

I can assure members that I have not only heard from that member, but I have also heard from the Minister of Status of Women on this issue. This is a very popular discussion point in many circles. It certainly is a popular discussion in the Liberal caucus.