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.

[Don Davies, NDP, Vancouver Kingsway, BC]

Well, not yet.

Michael Spratt testified that Bill C-45 leaves intact the criminalization of cannabis in many circumstances that will harm vulnerable Canadians. I want to quote from his testimony:

An adult who possesses 30 grams of marijuana in public is a criminal. A youth who possesses more than five grams of marijuana is a criminal. An 18-year old who passes a joint to their 17-year-old friend is a criminal. An adult who grows five marijuana plants is a criminal. An adult who lets his one-metre tall marijuana plant grow an extra centimetre is a criminal.

This continued criminalization is inconsistent with a rational and evidence-based criminal justice policy and will only serve to reduce some of the positive impacts of the bill.

...the asymmetrical criminalization of marijuana will only serve to perpetuate the disproportionate enforcement of laws on the young, marginalized, and racialized members of our society.

Minister, you know that indigenous, racialized, and marginalized people are disproportionately represented in the criminal justice system and are disproportionately harmed by a criminal approach to drug laws. By maintaining a criminalized approach to cannabis, Bill C-45 will perpetuate this discriminatory impact. Why have you done so?

[Don Davies, NDP, Vancouver Kingsway, BC]

To the Minister of Justice, Michael Spratt, a lawyer, testified before this committee that Bill C-45—

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Bill C-45's objective is very clear—to legalize cannabis, to strictly regulate, and to restrict access to children.

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

As indicated, in Bill C-45 in no way are we promoting that people—

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Thank you very much for the question. It's a very important question.

Our government is completely committed to facilitating research when it comes to cannabis, with really two streams: the medical use and also the recreational use. The CIHR has put out a $1-million grant proposal specifically to do research in those two areas. We are looking forward to the findings. With regard to the Minister of Health, looking at research, when Bill C-45 becomes a reality, from there it will be easier for the Minister of Health to approve that type of research, because the product will be legal at the time.

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Yes, certainly.

Bill C-45 proposes strict regulations on packaging and labelling, and marketing and advertising. We truly want to ensure that the marketing tools won't be enticing youth to want to consume cannabis. It's very much like we've done with the tobacco legislation and with the tobacco products. The same types of rules will apply, with warnings and also making sure that the packaging is very bland, if I may say. We will also ensure that there are no sponsorships or endorsements when it comes to marketing.

Finally, the only information that will be available on the packaging will be informational-type marketing information: what is in the package, serving sizes, or whatever the case may be. That's the type of information that will be available in the packaging. Again, we want to make sure that the advertising will not entice or encourage young people to use cannabis.

[Sonia Sidhu, Liberal, Brampton South, ON]

Thank you, Chair.

Thank you to all the ministers for coming here.

To the Minister of Justice, clause 31 of Bill C-45 prohibits the sale of cannabis or a cannabis accessory whose shape is appealing or attractive to youth. Who will determine whether or not that cannabis product or accessory is appealing to youth? Is there a designated minister who will recall them? Perhaps you can explain that.

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

As I've said, we're working very closely with our partners and with the Minister of Foreign Affairs and have been very open with the approach we're taking with respect to Bill C-45.

[Len Webber, Conservative, Calgary Confederation, AB]

Thank you, Mr. Chair.

Thank you, ministers, for being here today.

Minister Wilson-Raybould, we heard testimony from Dr. Steven Hoffman, who is a professor of law at Osgoode Hall and an expert in international law. He is very concerned, as are we, the Conservative Party, that we don't break any international laws. He proposes that this Bill C-45 legislation would in fact violate three UN treaties: the Single Convention on Narcotic Drugs, 1961, which is “to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs”; the Convention on Psychotropic Substances, 1971; and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, which is to establish as a criminal offence the purchase or cultivation of narcotic drugs or psychotropic substances for personal consumption. These are three UN treaties that basically we would not be complying with when this legislation passes.

I just want to know what your government plans to do in dealing with the other countries around the world who are a part of this treaty. Do you plan on just not complying and violating the treaties, or are you going to withdraw from the treaties? If, in fact, you do withdraw from the treaties, you have to give notice, and the deadline for notice for your proposed legislation of July 1, 2017, has passed. I just was wondering what your government is going to do about dealing with these international partners of ours.

[Don Davies, NDP, Vancouver Kingsway, BC]

Thank you.

To the justice minister, Bill C-45 retains a criminalized approach to cannabis in many respects, including possession limits, cultivation restrictions, and selling offences. The Canadian Association of Chiefs of Police told this committee:

We know that in 2016, I believe, there were approximately 16,000 or 17,000 charges for simple possession of marijuana—

There were actually more than that.

—but we think those will be replaced with ticketing. They'll be replaced with nuisance calls. They will be replaced if, unfortunately, we do go forward with personal grows, with us having to manage those grow operations, which, of course, will be a very time-consuming and onerous process for our officers, who will then have to seize the plants and take them back to a police department or a facility to store them

This is not to mention the new enforcement provisions around cannabis-impaired driving. He continued:

We don't see this...as being any sort of time-saving for our staff.

Now, one of the purposes of the bill in clause 7 is to reduce the burden on the criminal justice system. Given that law enforcement agencies believe the proposed framework will not reduce enforcement activities, and given that your government recently announced plans to spend an additional $274 million on cannabis enforcement, how exactly will Bill C-45 reduce the burden on the criminal justice system?

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

First, again to echo what my colleagues have indicated, the evidence is clear that prohibition, the status quo, is just not working. We truly have to make sure that we follow our plan. The objective of Bill C-45 is to legalize, strictly regulate, and restrict access to cannabis for youth. That's really our priority in all of this.

Again, as you've indicated, we know there's a high rate of usage when it comes to young Canadians. I have a few quick numbers here: 21% of youth between the ages of 15 and 19 consume cannabis, and 30% of young Canadians between the ages of 20 and 24 consume cannabis. We recognize that we have to have a regulated system in place because they're having access to unregulated products at this point. We want to ensure that the products they are going to consume, if they choose to consume, are going to be regulated.

Once again, we are not encouraging youth to consume cannabis, but we want to make sure that it's safe and that we get it out of the hands of children.

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Mr. Chair, members of the committee, thank you very much for the invitation. It's a pleasure to appear before you this evening. I'm glad to join my colleagues the Minister of Justice; the Minister of Health; Parliamentary Secretary Blair, who has been front and centre in dealing with this issue over the last many months; and officials from our department.

We're here, obviously, to discuss Bill C-45 and how this legislation will help keep cannabis out of the hands of Canadian children, and profits out of the hands of criminals, certainly more effectively than the failed regime that has existed in this country for many decades.

In developing our approach to the regulation of cannabis, strengthening public safety has always been our primary goal.

I will now talk about our efforts to ensure that law enforcement agencies, including the police and border services, will have the resources and training needed to protect Canadian communities.

First, it is important to be clear that Canada's current approach to cannabis, the one that has existed for decades, has simply not worked. The World Health Organization has studied cannabis use among youth in Europe and North America. In 2009-10, the WHO found that a third of young Canadians had tried cannabis by the age of 15, a higher rate than for any other country in that study. Also, in a 2013-14 study by the WHO, Canada remained in the top five for 15-year-olds and was number one in cannabis use among children 13 years of age or younger.

As well, according to a 2016 statistical compilation by the United Nations Office on Drugs and Crime, the rate of cannabis use among Canadians 15 to 64 was almost 15%, and that was higher for that whole age span than in every country except two others in the world. In other words, Canadians are among the heaviest and the youngest users of cannabis globally.

There is clearly a need to do things differently, and that's why we've proposed this new regime based on the framework set out in Bill C-45 along with enhanced measures to combat impaired driving, which are contained in Bill C-46, and room for provinces and territories to tailor approaches that suit their particular circumstances.

Essential to this new regime is engagement with and support for police and border officers to ensure that they have the tools they need to enforce the law. To this end we recently announced an investment of $274 million that includes $113.5 million over five years for the RCMP and the Canada Border Services Agency as well as for programming within Public Safety Canada, primarily to keep organized crime out of this new legalized system and to combat smuggling. The investment also includes $161 million to train front-line officers to recognize the signs and symptoms of drug-impaired driving, to build law enforcement capacity across the country, to ensure that police have access to drug screening devices, to support research, and to enhance public awareness about the dangers of driving while impaired by drugs.

Over half of the $161 million will be accessible to provinces and territories over the next five years, and my department is already engaged with them to identify the needs and the priorities for the investments, particularly with respect to training and equipment. That collaboration across jurisdictions has been a key part of our preparations for the new legislative framework, and it will remain crucial to the implementation and ongoing evaluation of the system that Bill C-45 will put in place. In that regard, as the Minister of Justice mentioned, she and I spent two days last week with our provincial and territorial counterparts at a meeting in Vancouver, where the discussions around this particular topic were particularly important.

There are three topics that I would like to address. Of the many that will need to be discussed about Bill C-45, these are the three in particular that I'd like to address in a little more detail.

First, on the subject of cannabis at the border. It is, of course, currently illegal to bring cannabis into Canada or to take cannabis out of Canada. Going both ways across the border, it's illegal. Under Bill C-45, that would not change. Border officers already examine people and goods entering the country to prevent the smuggling of contraband, including cannabis. They make use of advanced technology, intelligence gathering, and ongoing training about how to detect and interdict substances that may not be brought across the border. Their efforts will continue, bolstered by some of the new funding that I mentioned earlier.

As for the admissibility into the United States of Canadians who have previously used cannabis, we have engaged our American counterparts to ensure that they understand how our new regime will function and what it will achieve, and we have made clear that we expect travellers heading in both directions to be treated in a fair, professional, and respectful manner.

At the same time, the United States is, of course, entitled to make its own admissibility decisions. I would certainly encourage Canadians to be forthright with border officials and to keep in mind that cannabis remains illegal at the federal level in the United States. In fact, some of the new funding for the CBSA will go toward communications and signage to ensure that travellers are well informed about the state of the law.

The situation in the United States is also complicated by the fact that there are a number of state jurisdictions that either have already legalized cannabis or are planning to do so in the immediate future, so the situation with respect to American law is evolving.

Second, on the subject of organized crime. At present, Canada's non-medical cannabis industry is entirely criminal. The illegal cannabis trade in this country puts $7 billion annually, perhaps more, into the pockets of organized crime. Over half of Canadian organized crime groups are suspected or known to be involved in the cannabis market. Canadian law enforcement spends upwards of $2 billion every year trying to enforce what is currently an ineffective legal regime. With legalization and regulation, we can enable law enforcement resources to be used more effectively, and we can dramatically reduce the involvement of and the flow of money to organized crime.

In Washington state, for example, legalization a short time ago has shrunk the criminal share of the cannabis market by nearly 75%. As with tobacco, we know that the black market is unlikely to be entirely eliminated, but we're talking about taking the criminal market share from non-medical cannabis down from 100%, where it exists today, to much lower levels, and that would be an improvement.

Third, on the subject of impaired driving. Parliament will have an opportunity, obviously, to go into this in much greater detail during the study of Bill C-46, the companion piece to Bill C-45. Bill C-46 is specifically aimed at better addressing the long-standing problem of driving while under the influence of alcohol or drugs. But I know it's an issue that touches many of us very directly, and I certainly feel a deep personal sense of urgency to tackle it head-on, both as Minister of Public Safety and as the member of Parliament for Regina—Wascana.

Of all the provinces, Saskatchewan has Canada's highest impaired driving rate. Among cities, Regina is third in the country, with Saskatoon not far behind. Too many families in Saskatchewan, and in all of our communities, mourn loved ones lost to impaired driving. This is therefore a problem that exists right now, and we would have to address it with or without the new cannabis regime. It's urgent that we do so.

As I have said, we are doing this with the legislation we introduced in the spring as well as with the additional cash investments that I mentioned a few moments ago. I welcome the strong public support and advocacy that we see coming for legislation such as Bill C-46 from such organizations as MADD, Mothers Against Drunk Driving. They have gone so far as to engage in a very public advertising campaign about the importance of this legislation.

To deal with cannabis-impaired driving specifically, our approach focuses on educating the public and facilitating detection and prosecution. In March, for example, Public Safety Canada launched a social media campaign targeting young drivers and their parents in order to raise awareness about the dangers of driving while under the influence of cannabis.

Last winter, seven police services across the country, from Halifax to Vancouver and to Yellowknife, participated in a groundbreaking pilot project to study two different oral fluid drug screening devices in diverse operational settings, including the dead of winter. As you can read in the report that was released in June, police generally found the devices easy to use in various weather, temperature, and lighting conditions. Part of the investment I mentioned earlier will help ensure that police officers in communities across the country have these devices and are properly trained to use them.

Finally on this point, I know this committee has heard concerns about the timeline for implementation, but cannabis-impaired driving is happening on our streets right now. The faster we get the right tools, the funding, the training, and the legislative and regulatory authorities in place, the safer Canadians will be. Legislative delay does not make the problem go away or get better. Delay only stalls more effective action.

Public health and safety have been the key drivers of our approach to cannabis and will remain our overarching preoccupation. For too long Canadians, and especially Canadian youth, have been using cannabis at world record rates to the great profit of criminals and organized crime. That needs to change, and that's why we have this bill before you now.

Thank you, Mr. Chair.

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

I have a question for the Barreau du Québec.

You've identified a number of concerns, including presumption of innocence, reliability of measurement instruments, sampling, including blood sampling, and abuse of powers. Is the association putting forward a proposal on what you think will help keep Canadians safe with the approval of Bill C-45 and recreational use of marijuana?

[Ginette Petitpas Taylor, Liberal, Minister of Health]

Thank you very much, Mr. Chair. I'd also like to echo my colleague Minister Wilson-Raybould's comments about thanking the committee members. I know that you guys were called in a week early last week and you did a lot of work, so thank you so much for coming here and doing the good work that needs to be done regarding this legislation.

I'm honoured to be here today with my colleagues Minister Goodale and Minister Wilson-Raybould to discuss Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts. I'd like to start off by acknowledging the remarkable progress on this file under the previous Minister of Health. It is because of her hard work and the tireless work of her staff, and the staff of Health Canada, that I am able to speak before you today.

Protecting the health and safety of Canadians is a priority for our government and the focus of this bill. Canadians use cannabis at some of the highest rates in the world and decades of criminal prohibition have not reduced these rates. In fact, cannabis has become the most commonly used illegal substance in Canada. Today 21% of our youth and 30% of our young adults use cannabis. Our youth have the highest prevalence of cannabis use when compared with peers in other developed countries. This clearly shows that the current approach to cannabis is not working.

This is why our government is proposing a public health approach to legalizing, strictly regulating, and restricting access to cannabis. Our aim is to minimize the harms associated with cannabis use, especially for youth. Scientific evidence shows that the risk for cannabis use is higher for youth than adults, that these risks increase the younger a person starts using it, and increase further the more often they use it. The legislation before us today, better known as Bill C-45, is the foundation of our government's new approach.

Through this legislation, as well as early and sustained public education and awareness, we aim to delay the age at which youth are trying cannabis and inform all Canadians of the risk of using cannabis. Today I would like to focus on three components of this approach. Number one is protecting youth. Number two is educating and public awareness, and finally, there is product safety and quality control.

Let's start off talking about protecting youth. I would like to be very clear that in no way are we endorsing the use of cannabis, or looking to make it easier for youth to access cannabis. It's quite the opposite actually. Protecting youth is at the centre of our government's approach to regulating and restricting the use of cannabis. Youth are especially vulnerable to the effects of cannabis on brain development and function. Scientific evidence shows us that the younger someone is when they start using cannabis and the more often they use it, the greater the risk to their health. As I've already mentioned, far too many young Canadians are already accessing cannabis. In many cases it is easier for kids to buy cannabis than cigarettes or alcohol. The data support this.

In the 2015 Canadian tobacco, alcohol and drugs survey, 21% of youth reported having used cannabis during the past year. Comparatively, 10% of youth reported using cigarettes. The striking difference in these statistics illustrates the power and effectiveness of a range of measures such as regulation, advertising, and promotion controls in public education, which over time have contributed to lower usage rates.

Canada has been regulating tobacco and educating the public on the risks for the past 30 years. The percentage of youth who use tobacco has dropped from 27% in 1985 to 10% in 2015. This is why we seek to build on what we've learned by regulating tobacco. We will restrict youth access to cannabis by penalizing those who sell or give it to youth and restricting its advertising and promotion. Bill C-45 would prohibit anyone from selling or providing cannabis to any person under the age of 18, though provinces and territories could increase the minimum legal age of sale, purchase, and consumption.

The proposed minimum age of 18 reflects the advice we received from the expert task force on cannabis legalization and regulation. It also balances the need to protect our children and youth from the adverse health effects of cannabis, while at the same time recognizing that setting the minimum age too high would risk preserving the illegal market given the high rates of use among young adults between the ages of 20 and 24.

Bill C-45 would create new criminal penalties for giving or selling cannabis to youth and using a youth to commit a cannabis-related offence. The bill would also prohibit certain products and marketing practices, especially those that would appeal to youth.

Businesses would not be allowed to produce or sell cannabis products that might appeal to youth. Those marketing cannabis would also be prohibited from using any packaging or labelling that could be attractive to youth, including depictions of persons, celebrities, characters, or even animals. False, misleading, or deceptive advertising would be prohibited, as would sponsorships, testimonials, and endorsements, or any other form of promotion or branding that could entice young people to use cannabis.

Promotion of cannabis would be permitted only if it presents factual information and is communicated in a way that could not be seen by youth. Also, cannabis could not be sold through self-service displays or vending machines. We believe these safeguards will help keep cannabis out the hands of our children and youth.

The safeguards we are putting in place will help reduce youth access to cannabis, but we also know that youth today are less likely than adults to see cannabis use as a significant health risk. As someone who has spent my entire career as a front-line worker in the areas of mental health and addictions, this doesn't surprise me, and I believe strongly that it is an issue we must address.

As with other drugs, while cannabis can be used therapeutically by some people, its use can also pose health risks. We need to provide Canadians with information about cannabis so they can talk to their children about the risks. We must also educate and support adults in making informed and responsible choices that minimize risks, including the dangers related to drug-impaired driving.

To this end, budget 2017 directed an initial investment of $9.6 million to a public education and awareness campaign to inform Canadians, particularly young people, about the risks of cannabis use. This campaign has begun and will continue over the next few years. The funds will also support an initiative to monitor trends and perceptions of cannabis use among Canadians, especially youth. This information will help inform our public education activities.

The final aspect of our government's approach to cannabis that I would like to highlight is the product safety and quality requirements.

The act is designed to establish a legal and quality-controlled supply of cannabis available for sale in Canada. Under the proposed legislation and its regulations, our government would establish industry-wide rules on the types of products that would be allowed for sale. We would also have rules prohibiting the use of certain ingredients such as nicotine, caffeine, and alcohol in cannabis products and would require manufacturers to adhere to good production practices.

The dedication and hard work that have been put into designing Canada's medical cannabis system mean that we already have experience with product safety and quality requirements for cannabis. Our current system, which provides access to cannabis for medical purposes, is recognized as one of best in the world. It includes a number of safety and security features, such as frequent inspections of production facilities and clear regulations around product testing, labelling, and pesticide use. We will be using this system of licensed production as a blueprint as we establish broader cannabis production under the bill.

In conclusion, it's clear that the current system is not working. The legislation before you today is designed to address the issue that we are already facing. Our kids currently have access to cannabis, and organized crime continues to profit from its unregulated sale in our country. We are proposing a new way for Canada to address this problem by using a public health approach.

We all know that this is a far-reaching issue that stretches well beyond this particular piece of legislation. This issue demands that we co-operate across jurisdictions and sectors.

Following the advice of the task force on cannabis legalization and regulation, under this legislation all levels of government would be able to establish certain requirements with respect to cannabis, consistent with their own jurisdictional authorities and experience. The involvement of the provinces and territorial governments is critical to ensuring that young people do not have access to cannabis.

Under this bill, the federal government would be responsible for establishing and maintaining a comprehensive and consistent national framework to regulate production, set standards for health and safety, and establish criminal prohibitions. The provinces and territories could license and oversee the distribution of the sale of cannabis.

Together with municipalities, they could also tailor certain rules in their own jurisdictions, and enforce them through a range of tools such as tickets. We have worked closely with our provincial and territorial counterparts to ensure that their valuable input was taken into account from the beginning of this important effort, and our government is committed to continuing our ongoing collaboration with the provinces and territories on this very complex issue.

With its focus on protecting youth, educating the public, and ensuring product safety and quality requirements, the bill uses a public health approach to strictly regulate and restrict access to cannabis. Our government is confident that the proposed cannabis act will protect the health and safety of Canadians.

Thank you so much.

[Jody Wilson-Raybould, Liberal, Minister of Justice]

Thank you, Mr. Chair, and my thanks to the members of the committee. It is indeed a pleasure to be here, and I recognize that you came back earlier to have discussions and hear from witnesses on this most important topic that my honourable colleagues, Ministers Goodale and Petitpas Taylor, are pleased to present on Bill C-45, the cannabis act.

While the committee was doing the important work of looking at this bill, Minister Goodale and I were meeting with our provincial and territorial counterparts in Vancouver. Cannabis and drug-impaired driving were significant parts of our agenda, and we feel that the engagement of the provinces and territories is an incredibly important feature in our work to date. There can be no doubt that the legalization and strict regulation of cannabis has sparked much discussion, before and particularly after the introduction of Bill C-45. In my remarks today, before I turn it over to my ministerial colleagues, I want to provide some background on the development of our legislative proposal, highlight the purpose of Bill C-45, and provide an overview of key justice aspects.

There is a broad consensus among Canadians that our current approach to cannabis is not working. Our system of criminal prohibition fosters an environment where organized crime reaps billions of dollars in profits from its sale, where thousands of Canadians each year end up with criminal records for non-violent cannabis offences, and where cannabis is not being kept out of the hands of young people.

Most Canadians no longer believe that simple possession for small amounts of cannabis should be subject to harsh criminal sanctions, which can have lifelong impacts for individuals, and which take up precious resources in our criminal justice system. Our government agrees that there is a better approach, one that is evidence-based and that will protect the health and safety of Canadians, with a focus on protecting our young people.

As a starting point, on June 30, 2016, we appointed a task force on cannabis legalization and regulation with a mandate to advise us on the design of a new regulatory system. I know that the chairperson, the Hon. Anne McLellan, and the task force's vice-chair, Dr. Mark Ware, appeared before you as witnesses last week.

As you heard, the task force conducted extensive consultations across the country, visited the states of Washington and Colorado, which have legalized cannabis for non-medical purposes, and considered nearly 30,000 online submissions sent in by Canadians. It also sought the views of a diverse community of experts, professionals, advocates, front-line workers, youth professionals, indigenous communities and organizations, territorial, provincial, and municipal officials, law enforcement, citizens, and employers.

On December 13, 2016, the task force delivered its final report containing over 80 recommendations for the development of a Canadian legal cannabis framework. It reflects a public health approach aimed at reducing harm and promoting the health and safety of Canadians. The report has been very well received, is comprehensive, and provides important background information on the issues this bill seeks to address. It also proved essential in developing Bill C-45.

The bill paves the way for Canada to become the first G20 country to legalize and strictly regulate cannabis at the national level. It was introduced last spring alongside another important piece of legislation, Bill C-46, which proposes new and stronger laws to more seriously tackle drug and alcohol-impaired driving.

As set out in clause 7 of Bill C-45, our government's intention is to protect public health and safety with a particular emphasis on protecting young people's health by restricting their access to cannabis; preventing advertising and other promotional activities that are likely to encourage cannabis use; providing for lawful production of cannabis to reduce illegal activities; deterring illegal cannabis-related activities through appropriate sanctions and enforcement measures; reducing the cannabis-related burden on the criminal justice system; providing Canadians with access to a quality-controlled supply of cannabis; and enhancing public awareness of health risks associated with cannabis use.

Bill C-45 creates a framework in which adults can access legal cannabis in an appropriate retail context that is sourced from a well-regulated industry, or grown in limited amounts at home. Adults 18 years or older will be permitted to legally possess or share with other adults up to 30 grams of legal dried cannabis, or its equivalent in other forms. Selling, or possessing to do so, will only be lawful if authorized under the act.

Under no circumstances will cannabis be sold or given to a young person. Production of cannabis will also require specific authorization. Possession, production, distribution, import, export, and sale outside this framework will all remain illegal and be subject to criminal penalties. These penalties will be proportionate to the seriousness of the offence, ranging from ticketing up to a maximum penalty of 14 years imprisonment. This graduated approach reflects our legislative objectives.

Bill C-45 will also exempt young persons from criminal prosecution who possess or share up to five grams of cannabis, rather than exposing them to the criminal justice system for what amounts to very small amounts of cannabis. Above five grams, young people will be subject to the Youth Criminal Justice Act, which emphasizes community-based responses, rehabilitation, and reintegration. For less serious offences, alternatives to charging are encouraged, such as taking no further action, warning the young person, or referring them to a community program or agency to help address the circumstances underlying their behaviour.

Under Bill C-45, the federal, provincial, and territorial governments will all share in the responsibility for overseeing the new system. The federal government will oversee the production and manufacturing components of the cannabis framework and will set industry wide rules and standards. Provinces and territories will be responsible for the distribution and sale. They will also be able to create further restrictions as they see fit, including increasing the minimum age to align with their legal drinking age. Further, the provinces and territories, along with municipalities, could create additional rules for growing cannabis at home, such as lowering the number of plants allowed per residence, and restricting where cannabis can be consumed, such as in public places and vehicles.

In addition to our working with them to establish a secure supply chain, provinces and territories will be key partners in our government's efforts to raise public awareness about the risks associated with cannabis use. As set out in budget 2017, our government has provided $9.6 million for public education and awareness, as well as monitoring and surveillance activities. This includes monitoring patterns and perceptions around cannabis use among Canadians, especially youth, through the annual Canadian cannabis survey. This work will inform and refine further public education and awareness activities to mitigate the risks and the harms of use.

I would now like to address some of the concerns that have been raised either during second reading debate, or by witnesses appearing before you last week. I want to assure this committee that in developing the bill we were aware of concerns voiced about the minimum age, youth possession of small amounts of cannabis, personal cultivation, and the impact of our proposed legislation on youth.

Let me start by saying that overall Bill C-45 is informed by and closely aligns with the recommendations of the task force report. In terms of minimum age, our government has accepted the task force's advice that we need to strike a balance between the known risks of cannabis and the reality that Canadian youth and young adults currently use cannabis at some of the highest rates in the world. In striking this balance Bill C-45 restricts the sale of cannabis to adults aged 18 and older. Provinces and territories will be able to set a higher minimum age just as they do with alcohol and tobacco.

In exempting from criminal prosecution young persons who possess or share up to five grams of cannabis, we are aware of the criticism that this sends the wrong message to youth. Our government's position is clear: young persons should not have access to any amounts of cannabis. Under Bill C-45 there will be no legal means for a young person to purchase or acquire cannabis. Criticizing our government's decision not to criminalize youth for possessing or sharing very small amounts of cannabis ignores the evidence. Statistics clearly show high usage rates among youth despite the fact that cannabis is currently a prohibited substance. Our government recognizes that for very small amounts there is a better way to deal with young people than using the full force of the criminal law.

Our government has been engaging with provinces and territories to encourage them to create administrative offences to prohibit youth from possessing any amount of cannabis similar to what is currently done with alcohol and tobacco. This measured approach would provide police with the authority to seize small amounts of cannabis from youth. Ontario has recently announced its intention to do just that. I have been encouraging and urging other provinces and territories to follow suit, most recently just last week at the FPT meeting in Vancouver.

Another issue that was raised during second reading debate was the suggestion that home cultivation could mean greater access to cannabis for children. In response I would note that the task force concluded that small amounts of cannabis for personal use can be safely and responsibly cultivated by adults in a manner that protects young persons in the home. Adults will be required to take appropriate precautions as they must do now when storing prescription drugs, alcohol, and other potentially harmful substances. Additionally the significant penalties proposed in Bill C-45 for selling and distributing to young persons, or for using or involving any young person in the commission of a cannabis offence sends a strong message to any adult who would allow cannabis to get into the hands of children.

In response to the other concerns raised, such as those related to the timing of implementation, challenges surrounding drug impaired driving, and Canada's obligation under international drug treaties I would like to emphasize that these are all issues that we continue to diligently work to address. We are continuing to work collaboratively with the provinces and territories, and as mentioned, Minister Goodale and I met with our counterparts last week.

The Ministers of Health, Finance, and Agriculture have also met to discuss the issue. In addition, federal officials will have maintained ongoing engagement with their counterparts.

Mr. Chairman, I will respect my time frame and I very much look forward to questions. I will turn it over to my colleague Minister Petitpas Taylor.