Mr. Speaker, I am pleased to rise today in the House of Commons to express my support for Bill C-45, the cannabis act. With this bill, our government is fulfilling the promise that it made in the 2015 throne speech to legalize, regulate, and severely restrict access to marijuana for adults and keep it out of the hands of young people.
Let me begin my remarks by noting that three separate parliamentary reports have concluded that Canada's policy on criminalization creates harms that are disproportionate to the harms associated with cannabis use.
We first need to recognize that the existing system is not working. Canadians, including children and youth, have some of the highest rates of cannabis use in the world. The existing system allows the underground market to thrive, a market that is not regulated or tested and can be dangerous.
By providing regulated access to legal cannabis for adults only through a well-regulated industry or grown in limited amounts at home, our government's legislative proposal will address the disproportionate harms caused by the criminal prohibition of non-medicinal cannabis. Our goal is to protect public health and public safety of all Canadians, particularly young Canadians. Let me be clear. Bill C-45 would restrict youth access to both legal and illicit cannabis.
I would like to use the time I have been given to provide an overview of Bill C-45. The purpose of the bill, as set out in clause 7, is to protect public health and public safety. This bill is a departure from the approach based solely on criminal justice in that it provides a new regulatory framework to regulate and severely restrict access to cannabis while punishing those who conduct their activities outside the limits imposed by the bill.
Bill C-45 was developed bearing in mind our government's key policy objectives: to protect youth and to prevent them from accessing and using cannabis, to enhance public awareness regarding the risks of cannabis use, to deter illicit activities through appropriate measures proportionate to the crime, and to reduce the burden on the criminal justice system for minor cannabis offences.
Bill C-45 is divided into a number of parts.
Part 1 of Bill C-45 sets out the main criminal prohibitions, obligations, and offences relating to cannabis. More specifically, part 1 of the bill prohibits the possession, distribution, sale, production, importation, and exportation of cannabis.
For example, clause 8 of Bill C-45 establishes a general prohibition on cannabis possession, subject to certain restricted exceptions. One such exception permits adults aged 18 and older to possess, in a public place, 30 grams or less of dried legal cannabis or an equivalent amount of another form.
A young person would commit a criminal offence by possessing more than five grams of dried licit cannabis and would be subject to the application of the Youth Criminal Justice Act, which is based on principles of rehabilitation and reintegration.
Nevertheless, we are not supporting, nor are we promoting, the idea that youth should be allowed to possess five grams or less of cannabis. We are encouraging the creation of provincial and territorial offences for possession amounts below five grams for young persons, thereby providing authority for police to seize the cannabis from young persons. Provinces would also have the ability to increase the minimum age for possession that would apply in their respective jurisdictions.
Clause 9 of Bill C-45 creates a distribution offence. “Distribute”, as defined in section 2, includes administering, giving, transferring, transporting, sending, delivering, providing, or otherwise making available in any manner, whether directly or indirectly, and offering to distribute. Needless to say, this is a definition that restricts a wide range of activities.
Before I move on any further, Mr. Speaker, I will be splitting my time with hon. member for Scarborough Southwest. It is very important that we do that.
Distribution of any amount of cannabis that is known to be illicit is prohibited. So is any distribution of cannabis, whether licit or illicit, to a person under 18 years of age. Adults would be permitted to distribute or give up to 30 grams of legal dried cannabis or an equivalent amount of another class to other adults.
Part 1 of the act also sets out restrictions related to promotion, packaging, labelling, display, and sales of cannabis, as well as the obligations on those licensed to conduct activities under the act.
For instance, clauses 17 and 26 of the bill contain promotion and packaging prohibitions where there are reasonable grounds to believe that they could be considered appealing to youth.
Clause 29 also prohibits the display of cannabis, including its labelling and packaging, in any way that would allow youth to see it. Clause 30 contains a similar prohibition regarding the display of all cannabis accessories. Promotional information regarding the ingredients and THC and cannabidiol or CBD levels will be permitted.
The proposed restrictions on promotion are intended to protect youth from being persuaded through marketing or advertising to consume cannabis. At the same time, consumers need access to clear, objective information to help make informed decisions about consumption.
Part 2 of Bill C-45 sets out a general ticketing scheme applicable to adults who commit minor offences. This part would enable a peace officer to issue tickets to individuals who were 18 years of age or over or to organizations. A ticket would be issued to a person who committed a less serious offence related to possession, distribution, sale, or production.
For example, public possession over 30 grams and up to 50 grams of dried illicit cannabis or its equivalent would be subject to a ticket under proposed paragraph 51(2)(a). If the accused pays within the period set out in the ticket, it will be considered a plea of guilty to the offence described in the ticket, and the conviction will be entered into the judicial record of the accused. However, this judicial record must be kept separate and apart from other judicial records, and it must not be used for any purpose that would identify the accused as a person dealt with under the cannabis act. That is under clause 52.
The ability to issue tickets would limit criminal prosecution for less serious offences and reduce the burden on the police and the criminal justice system, resulting in fewer court delays. I know all members are very concerned about that.
Part 3 of the proposed act sets out a general licensing scheme for the production, distribution, sale, importation, and exportation of cannabis. Setting the parameters for the creation of a legal cannabis industry, part 3 would provide the Minister of Health with authority and discretion to process applications and to issue licences and permits for otherwise prohibited activities and to add licence conditions. Part 3 also includes grounds for the Minister of Health to refuse to issue or amend or to suspend or revoke a licence.
For example, under proposed paragraph 62(7)(a), the powers provide that the minister may refuse to issue, renew, or amend a licence or permit if doing so is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity.
Part 4 of Bill C-45 includes general authorizations for some cannabis-related activities. Clause 69 sets out minimum measures for the protection of public health and public safety that would need to be included in provincial legislation governing sale. In particular, a person who is authorized to sell cannabis under a provincial act must be required to only sell cannabis that has been produced by a person authorized under the federal cannabis act for commercial purposes, not sell cannabis to young persons, keep appropriate records, and take adequate measures to reduce the risk of cannabis that they possess being diverted to an illicit market.
Part 5, finally, would authorize the Minister of Health to issue orders to verify compliance, prevent non-compliance, and address issues related to public health and safety.
There are many other parts to this cannabis act to which my hon. colleagues will be speaking. I look forward to hearing their remarks, as I am sure my colleagues across the way do.
In closing, Bill C-45 delivers on the commitment our government made in the 2015 throne speech.
The bill proposes an effective and balanced framework for the legalization of cannabis and strict regulations that correspond to our government's objectives with respect to health and public safety, protecting children and youth, as well as criminal justice.