Cannabis Act

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

This bill is from 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 has also written a full legislative summary of the bill.

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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-45s:

C-45 (2023) Law An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act
C-45 (2014) Law Appropriation Act No. 4, 2014-15
C-45 (2012) Law Jobs and Growth Act, 2012
C-45 (2010) Law Appropriation Act No. 3, 2010-2011

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

MarijuanaOral Questions

May 4th, 2018 / 11:20 a.m.


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Moncton—Riverview—Dieppe New Brunswick

Liberal

Ginette Petitpas Taylor LiberalMinister of Health

Mr. Speaker, the current approach to cannabis does not work. It allows criminals to profit and has not managed to keep cannabis out of the hands of our children.

We have a lot of respect for the work done by the Senate, and we look forward to carefully studying the report that the Standing Senate Committee on Social Affairs, Science and Technology is working on.

Our government is confident that Bill C-45 can be passed in June. Our government has taken significant measures to address the specific interests of indigenous communities and organizations.

Budget Implementation Act, 2018, No. 1Government Orders

April 23rd, 2018 / 6 p.m.


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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, it is another good make-work project that we will not need when we get a Conservative government, because we will do away with the carbon tax. Therefore, we do not need that $120 million.

It is very clear that the government has no plan. It is parallel to what they were doing on the marijuana bills, Bill C-45 and Bill C-46. The government was really quite anxious to put out how many dollars it thought it could make with it. However, when I wrote to the Parliamentary Budget Officer about the costs of it, he said that he would tell me what they were if he knew them, but the Liberals would not tell him. This is the same. The Liberals are quite ready to talk about all the money they can make out of a carbon tax, but they will not tell anybody what it will cost.

Controlled Drugs and Substances ActPrivate Members' Business

April 18th, 2018 / 7:15 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, since I only have a couple of minutes, I will cut to the main part of what I was going to discuss.

First is a reminder that we are not debating Bill C-45. We are debating something completely different. It was disappointing that so much of the debate seemed to be confused with Bill C-45.

I spent many years in the mortgage industry, as some are aware. The ability to grow substantial amounts of medical marijuana in a home, without a landlord's consent, or with the landlord's consent, for that matter, produces some extremely difficult problems. The mortgage industry and the insurance industry have for years and years been extremely clear about not wishing to either insure or mortgage a property in which marijuana has been grown, whether legally or not. The issue has been expressed by many others. It is about the health hazards, the destruction of the property, the compromise of the structural integrity of the home, and the presence of noxious fumes and mould. These are the types of issues. Even if a person can legally grow 120 plants, no mortgage lender will ever mortgage a property that has been known to have had marijuana, in any quantity, grown in it.

This is a serious issue about stigmatizing a property. Once a property is known to have been used for the cultivation of marijuana, it becomes literally unmarketable. For many years, this would come up time and again. An application for a loan would come in. It would become known and disclosed that marijuana had been grown on the property, and no lender would touch it. I do not have time to read here the lending practice, but I can assure the House that marijuana being grown in a home makes the home unmarketable.

Bill C-330 attempts to address that issue by giving landlords at least some ability to control what goes on in their own property that will affect the marketability of the property, the insurability of the property, and certainly the ability to get a mortgage for the property. I support the bill for that reason. It would give some level of protection to landlords so that if they chose to rent a property to someone who would grow marijuana legally, under a medical marijuana prescription, it would be a contracted choice between the landlord and the tenant.

At present, landlords are in a disadvantaged position, where they risk their property through the growth of marijuana. It is perfectly legal, from the point of view of having a prescription for medical marijuana, or indeed, not that I want to bring Bill C-45 into it, but if it is passed and given royal assent, even to grow two plants. We might all agree that two plants is not a health hazard.

Right now, the mortgage and insurance industries do not agree with that. In 20-plus years as a mortgage broker, I never saw a lender that would knowingly mortgage a property when it was known to have had marijuana growing in it. That is something that the federal government will need to address, and the bill is a way to address it so that at least a landlord would have the ability to insist that marijuana not be grown in a property and would have at least some level of protection.

Madam Speaker, you only gave me two minutes. I trust I have exceeded that, and I will conclude with that, if that is your wish.

Controlled Drugs and Substances ActPrivate Members' Business

April 18th, 2018 / 6:40 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I am pleased to rise today to debate Bill C-330, an act to amend the Controlled Drugs and Substances Act, also referred to as “landlord consent”.

I would like to thank the member for Kamloops—Thompson—Cariboo for giving us the opportunity to debate this issue.

As my hon. colleagues know, the Controlled Drugs and Substances Act is the federal law used to control substances that can alter mental processes and that may cause harm to health and society when diverted to an illicit market.

Under the Controlled Drugs and Substances Act, it is illegal to conduct certain activities with controlled substances or precursors unless authorized by regulation or if an exemption is granted. These regulations and exemptions allow for lawful activities with a medical, scientific, or industrial purpose. Bill C-330 proposes to amend the Controlled Drugs and Substances Act to provide a specific regulation-making authority concerning the creation of requirements for written consent from landlords to produce a controlled substance in leased premises. It would also require the minister of health to report back to Parliament on an annual basis to explain why additional regulations had not been made, if that is the case.

I would first clarify that the bill, as written, would have implications not only for individuals who are authorized to cultivate small amounts of cannabis for medical purposes but for other parties using leased space, including licensed producers of cannabis and licensed dealers of other controlled substances.

I remind members that the existing regulations on controlled substances under the Controlled Drugs and Substances Act have quite a broad scope. They allow the government to tightly regulate a wide range of activities and aspects connected to the production and sale of controlled substances.

In addition, if a licensed dealer were to produce such substances in a commercially rented facility, the lease agreement would likely include details on the specific activities taking place in the facility, making the landlord aware that the controlled substances were being produced. Consent would be provided by way of approving the lease.

The commercial production of medical cannabis is already regulated by the Access to Cannabis for Medical Purposes Regulations, created under the Controlled Drugs and Substances Act.

Provisions in the access to cannabis for medical purposes regulations require that any application for a producer's licence be accompanied by a declaration by the owner of the site consenting to its use for the proposed activities, if the applicant is not the owner of the site.

As we debate Bill C-330 today, I think it is important to consider Bill C-45, the cannabis act, which is currently being studied by the Senate.

Should this legislation receive royal assent, oversight of cannabis would, for the most part, no longer fall under the Controlled Drugs and Substances Act but rather under this new legislation, the cannabis act. A change in federal oversight would include comprehensive requirements for producers of cannabis and rules for individuals who choose to legally cultivate a small amount of cannabis in their homes for both medical and non-medical purposes.

If the cannabis act is passed, it will create a new legalization framework, with stringent regulations restricting access to cannabis by controlling the production, distribution, sale, and possession of cannabis. If BillC-45 receives royal assent, adults will be able to access cannabis that has been quality controlled and that comes from a legal and tightly regulated industry.

Provinces and territories would be responsible for the distribution and retail sale of cannabis, while the federal government would oversee the production of cannabis to ensure consistent product safety and quality standards across Canada.

Subject to provincial limitations, the bill would also permit adults to grow up to four cannabis plants at home for personal use, provided that they were obtained legally. Allowing adults to grow a limited amount of cannabis in their dwellings is consistent with the advice from the task force on cannabis legalization and regulation and with the approach adopted by many jurisdictions in the United States that have legalized cannabis.

If the bill receives royal assent, both the commercial producers and any adults who choose to cultivate a small amount of cannabis at home will have to comply with the provincial, territorial, and municipal regulations in place. This would include compliance with all fire prevention regulations, building codes, and any rules or regulations set by the landlord or leaseholder.

Provinces, territories, and municipalities, based on their own authorities, have the flexibility to set additional requirements and restrictions, beyond what is being proposed in the cannabis act, to address matters of local concern and community priorities. In fact, a number of provinces have already decided to pursue such additional restrictions with respect to home cultivation.

For instance, Alberta is proposing that all home grow-ops be limited to indoor cultivation only. Nova Scotia wants to grant landlords the power to prohibit the use and cultivation of cannabis in rental units. New Brunswick wants all outdoor cultivation to be done in locked enclosures, and proposes separate, locked spaces for all indoor cultivation.

We will continue to work closely with provincial and territorial governments, municipalities, as well as other stakeholders and partners, to successfully implement our new legislative and regulatory framework to strictly regulate and restrict access to cannabis.

Once again, I am grateful to have had the opportunity to debate this issue.

Controlled Drugs and Substances ActPrivate Members' Business

April 18th, 2018 / 6:20 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

moved that Bill C-330, an act to amend the Controlled Drugs and Substances Act (landlord consent), be read the second time and referred to a committee.

Mr. Speaker, I am very pleased to stand and debate my private member's bill in the House today. I look at the two votes we just had which were unanimous. They were on items put forward by Liberal members and concern very practical matters that will make things better for Canadians. I certainly I hope this particular piece of legislation will be received in the same spirit of co-operation, because I am truly convinced that this bill would make things much better and solve a really significant and difficult issue.

What Bill C-330 would do if passed is amend the Controlled Drugs and Substances Act to provide for regulations requiring the consent of landlords to tenant activities in respect of controlled drugs and substances. More specifically, the enactment would require the written consent of any landlord on whose premises the production or sale of any controlled substance is to occur.

The bill is in response to the access to cannabis for medical purposes regulations, which came into effect August 24, 2016. These new regulations do not require individuals who wish to produce marijuana in their residence to notify or seek the consent of their landlords. The federal government failed to provide clear direction for landlords and insurance companies when it made changes to the medical marijuana rules.

Under the rules, Health Canada gives specific guidelines on how to safely set up a medical grow op, but when it comes to checking if the safety rules are being followed, the federal department is leaving that up to the municipalities. I think all of us who live in communities have had our municipalities express extreme frustration on this issue. According to the local development and engineering services director in Kamloops, the problem is that federal privacy rules apply, which prevent local authorities from knowing where medical marijuana is being grown. They do not get a list of addresses, so they cannot actually do anything proactively in terms of going out and inspecting the premises. It is a significant issue. There is no system to proactively check if tenants are growing the allowed number of plants according to their permit.

When asked about this issue, the health minister said the federal government's role is to ensure people who need medical marijuana have access. I want to pick up on that point. I do not disagree that people who need medical marijuana should have access, but I want to give an example. Some people need digoxin for their heart, but they do not have to actually grow foxglove in their home to get digoxin. If people need something that is medically necessary, surely to goodness we could find a better way than having them grow it in their home because they cannot afford it. We have found ways around antibiotics and drugs like digoxin. We do not require people to grow their own medication. The government says that we have to provide access, but who is looking out for the landlords who have put hundreds of thousands of dollars into their homes? They are having their homes destroyed because the federal government has not found a better way to provide access to needed medical marijuana. Surely we can do better than that.

This is important for people who might be listening, because there is a lot of talk right now about the new recreational regime. Bill C-45, which is before the Standing Senate Committee on Social Affairs, Science and Technology, is a proposed regulatory framework for cannabis for recreational purposes. As I talk, members will see there is a huge difference between what is proposed for recreational use and medical marijuana.

With medical marijuana, the task force that was tasked with going around and making recommendations to the government essentially suggested that as the government moved toward legalization of marijuana and regulations the distinct system of the medical marijuana regime be maintained for medical purposes.

We have two very distinct systems. One is recreational, and that is Bill C-45, which is moving through the Senate. We also have the issue of medical marijuana, which has been around for many years.

The medical regime will allow people, including those under the age of 18, with the support of a health care practitioner, to have access to cannabis for medical purposes. They can purchase it from a federally licensed seller of cannabis for medical purposes. They can cultivate their own, if they are over the age of 18, or designate someone to grow cannabis on their behalf, which is called “designated production”.

There used to be limits on how much cannabis could be stored. The Liberals tried to align the recreational and medical regimes, but they took away the limits on what can be stored, which had been in place before.

When the Liberals put out the new regulations around recreational use, they talked about four plants. I think they did that because they knew they would be heading into the difficult territory we have seen with the medical regime. It is four plants. It can be regulated. The provincial authorities have the ability to regulate. For example, strata condominiums can say whether one can have dogs or cats. There is an ability for provinces to create some regulations around the four-plant designation. I believe some provinces are saying no to the home grow and others are saying yes. The government recognized that with any more than four plants it would be heading into very difficult territory, but there was no consideration given to the issue. It is only the federal government that can solve this issue with the medical marijuana. The provinces cannot do it nor can anyone else.

It is important to note that with a medical licence, people can grow their own and be designated to grow for someone else. There is a maximum of four licences to grow cannabis in one residence. For example, a 1,500 square foot apartment could have up to four licences. What does that mean in practical purposes? If one has been prescribed three grams per day, that means one could have 15 plants indoors, six plants outdoors, or a combination of indoor and outdoor plants. However, it is not uncommon or all that extreme that a person may have a prescription for seven grams a day. I remember the government moving the limit for our veterans from 10 grams to three grams. Again, seven grams is a number we can use. If there is a licence to grow for four people at seven grams a day, a person could have an enormous number of plants indoors. It could be up to 120 plants growing indoors if someone had four licences for seven grams. It is an incredible amount.

I will recount the true story of someone who came into my office, and this was part of the genesis of the bill. He shared his story with CBC in February 2017:

Longtime landlord Darryl Spencer was left scrambling for insurance after discovering a tenant was growing dozens of medical marijuana plants inside and outside his rental house.

When the landlord told his insurance company about the perfectly legal grow-op, his coverage was cancelled, leaving him with no insurance, few rights and a big cleanup bill.

Spencer says the downstairs tenant in the Kamloops, B.C., rental property got a medical marijuana licence that allowed him to legally grow as many as 60 plants without his landlord's permission or knowledge.

This was his retirement savings plan, by the way. He had decided to put his money into a revenue-making rental property. There were 60 plants there without his knowledge.

The article continues:

A call from a concerned neighbour prompted Spencer, who is also a retired fire inspector, to check out the home he's rented out to different tenants for a decade.

He discovered a mess of extension cords, fans and bright lights packed into a room filled with dozens of marijuana plants. The upstairs tenant, a woman with a small child, was complaining about heat radiating through the walls and electrical breakers going off....

...landlords have little recourse if a tenant is growing licensed medical marijuana. They don't even have the right to know it's happening. Yet it's landlords who are being denied insurance

They do not have the right to know what is happening when a tenant is growing medical pot.

Spencer told Go Public, “I was worried about the fire hazard. That was my first thought because of the extension cords, the use of electricity and that something could catch fire.”

When he notified his insurance company about his tenant's grow-op, Gore Mutual cancelled his coverage.

“They wouldn't cover claims to do with medical marijuana or air quality contamination,” he said.

Gore Mutual Insurance said that it “does not provide coverage for marijuana grow-operations regardless of their legality because this type of operation in a residential building presents inherent insurance risks.”

The article continues:

Those risks, the company says, include “a greater likelihood of water damage, mould, fire, vandalism and burglary.”

Under most basic home insurance policies, marijuana-related damages or anything that companies believe is “high risk” is not covered.

This is a view that is shared by many insurance companies, according to the Insurance Bureau of Canada.

“While regulations may allow for the legal growing of marijuana for medical purposes, it does not change the structural risk grow-ops pose to homes and condos.... The operation of a grow-op, whether legal or not, is still a high-risk activity.”

That was from Andrew McGrath, spokesman for the Insurance Bureau, in an email to Go Public. The article continues:

Gore Mutual Insurance told Spencer it might reinstate his coverage if he got rid of the tenant and took specific steps to ensure the house was safe to live in.

He actually had no ability to get rid of this tenant because of the laws of the land. He actually had to tell his tenant he would pay him to leave. That was a significant cost for him.

The article states:

The insurance company also wanted air and soil testing, plumbing and electrical inspections, and the house checked for mould.

Spencer did it all, while searching for another insurance company that would cover him right away. None would.

He went for quite a while with no insurance. I remember that he came in and chatted with me in my office. He was devastated. He was absolutely beside himself seeing his life savings potentially completely at risk.

As I noted, he finally paid the tenant to leave, then he did all the remediation that was required. Of course, he is out thousands and thousands of dollars.

We talk about availability and affordability of housing in this country. When we have potential landlords who are terrified that if they rent their homes they will have no recourse, and they still do not in terms of this medical marijuana issue, I think they rightfully are saying that they are not going to rent. They will take their homes off the market or sell them. Therefore, this is an issue that has ramifications for more than individuals and their finances. It has significant ramifications for the availability of affordable housing.

Go Public covered the story. Eventually Spencer did all the work and managed to cover things off.

I do not think anyone is appreciating the cost to landlords of people growing medical marijuana. According to the Canadian Federation of Apartment Associations, it can be absolutely prohibitive.

What I am asking is that we get support to get this to committee. I appreciate that people who have a need for medical marijuana need affordable access to it, but surely, at the same time, we cannot be jeopardizing the hundreds and thousands of dollars of investments by people across this country who are being absolutely devastated by this particular structure of a regulation.

MarijuanaPetitionsRoutine Proceedings

April 18th, 2018 / 3:20 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I have two petitions to present today.

The first petition is on Bill C-45. The petitioners say that it is a flawed bill that will not protect youth or climate or reduce the workload of the criminal justice system; that the implementation of the bill is being rushed, risking the health and safety of Canadians; and that the passing of the bill would put Canada in violation of three international United Nations treaties. Therefore, the petitioners are calling on the government to not proceed with the legalization of marijuana.

MarijuanaOral Questions

February 7th, 2018 / 2:40 p.m.


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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, this is a huge change in Canadian law and it must be approached in a sensible, orderly, practical way. Until Parliament has passed the legislation and enacted a new regime, the old regime remains in effect and that law must be respected.

In the meantime, I think all Canadians understand the government's objectives to do a better job of keeping cannabis out of the hands of our kids, a better job of keeping illegal cash out of the hands of organized crime, and to increase safety on our roads. That is what Bill C-45 and Bill C-46 will accomplish.

MarijuanaOral Questions

February 1st, 2018 / 2:45 p.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, the minister is giving me roughly the same answer I got from the Minister of Health yesterday. Currently there is some confusion over what is legal and what is illegal and how to regulate it.

Can the Minister of Public Safety and Emergency Preparedness confirm that before moving ahead with Bill C-45 the necessary background checks will be made in order to prevent organized crime from infiltrating the Prime Minister's marijuana program?

MarijuanaPetitionsRoutine Proceedings

January 31st, 2018 / 3:25 p.m.


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Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Mr. Speaker, last August I received a call from a citizen of Laval, which is represented by a Liberal MP. Unfortunately, she had no confidence in her MP. She contacted me and asked that I present an e-petition, petition e-1270, which calls on the government to reject Bill C-45 respecting the legalization of cannabis.

I believe that young people have the right to be protected, but this legislation does not protect them. The petition calls on the government to reconsider. There is still time. Let us not destroy our young people with this law. We can use other means to protect our precious youth.

MarijuanaOral Questions

January 31st, 2018 / 2:55 p.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I will repeat the question. We know that of the 86 cannabis producers in Canada, 35 of them get funding from tax havens. That means some of that funding is coming from organized crime.

Before implementing Bill C-45, can the minister confirm that the government will sort out that mess so that Canadians can be sure that organized crime has not infiltrated supposedly legal businesses?

Tobacco ActGovernment Orders

January 30th, 2018 / 3:25 p.m.


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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Madam Speaker, I want to reference my colleague from Winnipeg North. In the House this morning he referenced the fact that in his time as health critic, he learned about the vagaries of smoking and a number of those issues. I would just like to point out that when there was only two of them in the legislature in Manitoba, he was the critic of just about everything.

I just want to reiterate the question that was asked this morning. There was talk about the wonderful parts of the bill, but this is not associated with the licensing of marijuana in Bill C-45. Does my colleague think that is a contradiction of terms from the government?

Tobacco ActGovernment Orders

January 30th, 2018 / 1:30 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, that was precisely what I was trying to do, lay it out that Bill C-45 and Bill S-5 seem to be going in two opposite directions. I am asking the government for some consistency on this.

When it comes to a good cigar, however, there is something to be said about adding life to years rather than years to life.

Tobacco ActGovernment Orders

January 30th, 2018 / 1:30 p.m.


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Conservative

David Tilson Conservative Dufferin—Caledon, ON

Mr. Speaker, I listened to the debate on the topic throughout today, particularly my colleague's comments, and there appears to be a conflict between Bill C-45, which is the cannabis bill, and Bill S-5.

Governments, provincial and federal, as well as organizations have spent a lot of money trying to stop people from smoking. We get into vaping, contraband, and a lot of these topics. All of these things are out of fear for our health, whether we are talking about illegal contraband, packaging, or health, when people go to a doctor or have surgery and have to sign something saying whether they smoke and when they stopped smoking.

In Bill C-45, it is almost like we are encouraging people by legalizing cannabis. The provincial governments will be selling different types of products or sending it out to have other people do it. Is there a major contradiction in the philosophy of these two bills?

Tobacco ActGovernment Orders

January 30th, 2018 / 12:45 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, since the member delved into the issue of Bill C-45 and the legalization of cannabis, I wonder if he would allow me to also pursue some aspects of that program that I have concerns about.

I am definitely in favour of Bill C-45 and the legalization of cannabis, but I do see that we are moving in a direction that there is a presumption that cannabis cannot be grown outdoors and we need to move it indoors. In the state of Colorado where cannabis is legal, the city of Denver's growing operations for cannabis alone now constitute 2% of all the electricity demand for the state of Colorado.

From a carbon footprint point of view, I am very concerned about the direction of how we regulate the growing of cannabis, which is not covered in Bill C-45, and why we are moving in the direction of additional water use and intensive energy use for a product that we do not think is safe but is not more dangerous than tobacco. Tobacco is grown outside, so why can cannabis not be grown outside?

Tobacco ActGovernment Orders

January 30th, 2018 / 12:15 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is a pleasure to address Bill S-5 this afternoon. Bill S-5 is not about the legalization of marijuana, but I am going to talk a little about that anyway. The member for Winnipeg North, clearly holding up a lot of the government here today, will enjoy this in particular, I think.

The comparison between the way the government proceeded under Bill C-45 and what is happening with Bill S-5 is interesting and instructive. The reason I want to, later on in my speech, talk a little about the issue of marijuana legalization is that there is a bit of a gap when we hear members talk about the need to have clear information and the importance and value of plain packaging, but a member of the NDP cannot even answer my direct question about whether he supports plain packaging for marijuana. These comparisons are interesting. The push on tobacco, on the one hand, and then some of the messages with respect to marijuana, are clearly very much in tension with each other.

The other point I want to make in relation to the bill is that the government has spoken about the great work it has done, which happens from time to time in this place, but Bill S-5 originated in the Senate, so perhaps it is another opportunity to underline the fact that the Senate perhaps acts more independently than the government would actually like it to. When we have a bill coming out of the Senate that the government says reflects the work of the government, clearly it raises some questions about the actual independence level of the so-called independent senators the government is appointing.

I was going to move unanimous consent on something, but I will not anymore.

The issues that are dealt with in the bill are vaping and plain packaging for tobacco. The member for Winnipeg North appreciates my restraint, I am sure.

The bill speaks first about having plain packaging for tobacco. Members have probably heard, from different sides of this question, about the merits of this as a strategy for reducing the amount of smoking. For example, there are some people who argue that there has been a reduction in smoking as a result of plain packaging initiatives in some countries. However, in some of those cases, we can also see a long-term trend in the reduction of smoking in those countries anyway, so it can be difficult to establish a clear cause and effect if there was a reduction in levels, but it was consistent with a general social trend of a reduction in smoking.

The same argument could potentially be made about contraband. If we see an increase in the use of contraband after plain packaging, some might ask if that is part of a trend or something new. In general, as we try to make policy and respond to evidence, we have to, as much as possible, distill what seems to be caused by a change in policy and what might be part of an overall long-term effect. These are questions that, as we support the bill through to committee, I hope to see studied in detail, because it is not enough to have a good intention, obviously. We need to be able to demonstrate the link between the intention and the impact the policy would have practically.

One of the concerns we have heard about the proposal to have plain packaging is an increase in contraband. There are already very high levels of contraband tobacco. Over 50% of cigarettes in Ontario, for example, are contraband, and there is some evidence, although I know it is disputed by others, that plain packaging increases contraband. That creates all kinds of risks in terms of people being aware of what is in them, and obviously, the impact on health associated with that, and the greater risk of cigarettes getting into the hands of minors, and so forth.

I think there is a legitimate debate about plain packaging. It is not necessarily helpful when members characterize anyone who has legitimate questions about plain packaging as being put up to it by the tobacco industry. There is a legitimate discussion there, and I hope the committee will explore this in the spirit of that legitimate discussion. I myself remain relatively agnostic on the question. I am interested to see where the discussion on plain packaging goes.

On the issue of vaping, I have heard from constituents who have attested to the benefits for them in terms of smoking cessation. They have been able to make progress in cessation, as a result of access to vaping products, that they had not previously been able to make. I appreciate that feedback from constituents. It is something that I very much take note of as I consider the legislation in front of us.

What this bill seeks to do is regulate vaping. Certainly members have recognized the benefit of vaping, of having the information out there, and of further research. In particular, this part of the bill marshals strongly in favour of sending it to committee. There are different elements of this bill, some of which are more legitimately contentious than others. This bill deals with these two very distinct issues.

I think members know that the member for Cariboo—Prince George was in the hospital recently. I understand that he is doing very well now and is watching these proceedings. He had asked someone to highlight a particular story he had noted about a teen baseball player whose stepmother is calling for stronger vaping regulations after his death. This was someone who fell in the context of vaping and subsequently passed away. It raises again the importance of studying the issue of vaping and the impacts, as this bill does, and of exploring opportunities around regulation.

I want to send our best wishes to the member for Cariboo—Prince George and also to note this article he discovered and wanted to see raised.

I will go on to the issue of marijuana, because, as is well known, the government is proceeding with its plan to legalize marijuana. Members have heard the talking points on this. I almost slipped into saying them myself. To “legalize” and closely “regulate” is what the government always says. On the other hand, if we look at the kinds of regulations it is proposing and the arguments it is making in the context of Bill S-5, and we compare them to Bill C-45, it becomes quite clear that it is failing on this issue of close regulation, even when it comes to its own standards. I want to talk about some of those specific issues in terms of how we compare the agenda being advanced vis-à-vis tobacco and the discussion on marijuana.

First of all, we should acknowledge that while there is a great deal of public health information about the risks associated with tobacco use and a lot of information encouraging cessation from using tobacco, there is a general lack of information and advertising on the risks associated with marijuana. It has become clear to me, in some of the conversations that have happened in this House, that while one would never hear members say that they doubt evidence about the risks associated with tobacco, and there is agreement here that the use of tobacco is not good for one's health, on the issue of marijuana, there are members who really have downplayed the risks. Of course, we have a Prime Minister who has himself talked about his use of marijuana when he was an elected official while at the same time he was initially voting in favour of tougher sentencing with respect to marijuana. He then obviously changed his position. Perhaps he had some reckoning with something he was doing at the same time he was an elected official. Those kinds of messages obviously put out misinformation and confusion, in the minds of people.

I see that there are health claims being made about marijuana that are not backed by science and that are very much at odds with the kinds of claims we might hear made about tobacco. A lot of people may not know that use of marijuana, especially by young people, even relatively occasional use, can be associated with higher rates of certain mental health challenges later in life. The carcinogenic effects of marijuana are, of course, well established and, generally speaking, the carcinogenic effects of smoking marijuana are stronger than the carcinogenic effects associated with smoking a cigarette. Of course, people smoke them differently—they would not necessarily smoke a pack of joints in quite the same way—but the point is that the carcinogenic effects, pound for pound, are much stronger when it comes to marijuana. These are things that members are not always taking note of in their discussion around marijuana and, again, when it comes to the misleading health clams that we see sometimes made around marijuana.

I had a particularly jarring experience of this, which was captured by TVO. The member for Beaches—East York and I participated in a show that TVO put on—Political Blind Date, it was called—where we went to different facilities and learned about different sides of a question. We went to a facility in Toronto that has subsequently shut down, called Queens of Cannabis, where we were greeted by a so-called wellness expert who had no medical training of any sort, who was telling us about the alleged benefits of infusing one's children during pregnancy with THC. Obviously this is not something with any evidentiary basis, and yet it was the kind of health claims that were being made. We see some of these false claims being made and propagated with regard to marijuana in a way that, generally speaking, we do not see happening with respect to tobacco. There are not so-called wellness experts out there who are claiming to tell us about the benefits associated with using tobacco.

Recognizing that, the urgency of having clear, strong public health information associated with the risks of marijuana should be noted by members and should be well considered, and yet we do not have any requirements in this legislation for plain packaging on marijuana products. If members think that tobacco products should have clear warning labels, and I agree that they should, then why would the same not hold with respect to marijuana? If, as some have argued, plain packaging is beneficial for reducing the smoking of cigarettes, then why would not the same principle apply in the case of marijuana? It is strange to me and I have a hard time understanding, on the one hand, the approach to tobacco and, on the other hand, the approach to marijuana.

The government members have also talked about how, if we legalize and strictly regulate marijuana, so they say, it will be kept out of the hands of children and the profits will be kept from organized crime. I can almost give the speech from their side, I have heard the line so many times. However, when it comes to tobacco we see, as members have said today, how very often people start smoking when they are underage. It is very common that young people still access tobacco products when they are underage, and there is still a great deal of contraband tobacco that benefits organized crime. Therefore, how do we square the claims that the government is making with respect to marijuana with the information that the government members are talking about? For instance, I think it was the member for Winnipeg North who talked specifically about the age at which people often start smoking tobacco. If nothing else, the government should be considering promoting a reduction culture around marijuana as it legalizes it, but it is not even doing that, at least not in the same way that it is trying to do so with respect to tobacco.

The situation with contraband tobacco makes a point that was lost in the debate around marijuana, which is that just because a product is legal does not mean organized crime cannot be involved in that industry and benefit from it.

In reality, organized crime does not just sell illegal products. It can use illegal methods to sell legal products. Organized crime can benefit from exploiting instances of regulation or taxation, which provide it with an opportunity to operate outside of the legal sphere even while selling a product that is legal. In the case of tobacco, it is regulation and it is taxation.

I think all members are supportive of the idea of having taxes on tobacco, but when those taxes are in place, a reality is that they create an opportunity that might not otherwise exist for organized crime to be involved in that industry. That is simple, basic economics.

When it comes to marijuana and the federal government and other levels of government talk about taxation, regulation, and age restrictions, all of these dynamics will ensure that organized crime is still involved. It is a reality that organized crime is not being shut out of the picture. Those risks will continue to be in place for young people to access it.

If we look at the history of organized crime, frankly, this is true. Organized crime has benefited in certain instances when products are illegal, but it has certainly not ceased to operate when said products are legalized. Organized crime made a lot of money during alcohol prohibition, but it certainly did not go away or cease to make a lot of money after alcohol prohibition ended.

The other issue that we need to note is flavour. The last government addressed the issue of flavoured tobacco products, but the present government is open to moving forward in the future on edibles and on questions around flavouring in marijuana. There is not the same approach, with respect to the risks of flavouring and the impact associated with it when it comes to marijuana, as the approach when it comes to tobacco, and that is quite interesting.

The particular issue, as well, with marijuana is that it is just much easier to grow than tobacco, from what I have been told. The Liberal government would allow home grow. People are not growing four tobacco plants in their home regularly. Am I right?

The risk with the marijuana discussion, again, is that an environment has been created in the bill where we are going to have flavoured products, where we do not have clear health information, and where we do not have those same warning labels. As a result of allowing home grow, we will have the continuance of an illegal market, the continuance of a situation where it will be relatively easy for young people to access marijuana.

I want to make this point as well. The government has argued with respect to its marijuana legislation that the current approach is not working. If we define success as the complete elimination of marijuana use, then we could say that the current approach has not achieved complete cessation. However, nothing is going to achieve complete cessation. We have not achieved it on smoking and we have not achieved it on very hard drugs either.

Over the last 10 years we have seen a substantial reduction in marijuana use, and the numbers bear that out. I presented them in questions and comments in discussion with the Minister of Justice. If the goal was to reduce use and therefore reduce the risk, then the approach that was being taken to marijuana was not perfect—there were certainly opportunities to improve; our party favours the ticketing option—but it is quite clear that success was being achieved in terms of reduction.

To summarize, we are supportive of sending the bill to committee, of further studying the issues around plain packaging as well as vaping. I encourage stakeholders as well as my constituents to keep us informed about their perspective and proposals they have for potentially improving the bill.

It is important to highlight how the government's approach to marijuana legalization is very much exposed by this bill, and how the lack of proper safeguards and procedures in Bill C-45 is evident in comparison to Bill S-5.