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.