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.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

The Minister of Public Safety, the Minister of Health, and I are entirely focused on ensuring that we move Bill C-45 forward, doing everything we can to work with our counterparts in the provinces and territories to assist them in developing whatever regime they deem appropriate. Once we move this legislation forward we may change our focus, but right now this is the focus and this is the entirety of the conversations we've been having with respect to cannabis.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

In terms of that being on the Liberal platform, this is why we have introduced Bill C-45 to legalize, strictly regulate, and restrict access to cannabis in order to keep it out of the hands of kids and the proceeds out of the hands of criminals. We have had much discussion about simply decriminalizing, but simply decriminalizing would not achieve those objectives. That is why we are working extremely hard, based on the input of the task force and working with the provinces and territories, to ensure we move forward and have a comprehensive regime that in the near future will assist us in achieving those objectives.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

I will say that in developing Bill C-45 we had the benefit of working with health and safety experts, and we had the benefit of a substantive review and recommendations provided by the task force. Having four plants was a recommendation that was provided by the task force.

But I will say broadly, or on a high-level basis, that I want to reiterate the purpose of us introducing this legislation. The status quo is not working. It is very easy for a young person to gain access to cannabis right now. What we are seeking to do in legalizing is to strictly regulate and restrict access to cannabis in order to keep it out of the hands of kids and the proceeds out of the hands of criminals.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

There's nothing in Bill C-45 that makes it legal for a young person to possess cannabis. We did, in developing the cannabis bill, have discussions around ensuring that we find some balance, recognizing that the ultimate objective of our legislation, of course, is to legalize, strictly regulate, and restrict access to keep it out of the hands of children and the proceeds out of the hands of criminals.

In having discussions around penalizing young people for possessing small amounts of marijuana, we sought to recognize and balance the ultimate objective that we are trying to achieve, along with ensuring that we do not criminalize young people for possession, which would lead to criminal records, but we are working very closely with the provinces and territories to see them move forward with regulation and laws similar to those for alcohol.

[Rob Nicholson, Conservative, Niagara Falls, ON]

What I'm concerned about, Minister, is the briefings we have received on this. Bill C-45 says that it is prohibited:

for a young person to possess cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than five grams of cannabis.

Then it goes on to say that it's prohibited for a young person to distribute more than five grams of cannabis.

Can I interpret from that—and I hope that it's not the case—that young people between the ages of 12 and 18 can possess and distribute, presumably sell, cannabis if they limit it to four grams?

Justice

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, the current approach to cannabis is simply not working. We are moving forward to ensure that we keep the profits out of the hands of criminals and cannabis out of the hands of young people. That is why we have moved forward and introduced Bill C-45 to legalize cannabis and strictly regulate and restrict access. We have had the benefit of speaking to many people in this regard, including the task force.

We look forward to moving this piece of legislation forward. Simply decriminalizing will not achieve these objectives.

Cannabis Act

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

moved for leave to introduce Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts.

(Motions deemed adopted, bill read the first time and printed)