PSHSA is working with Ontario employers, supervisors and workers to provide information on cannabis and applicable legislation. Some of the areas we are assisting with are around accommodation and suggested control measures for the workplace.
PSHSA has partnered with McMillan LLP a leading business law firm serving public, private and not-for-profit clients across key industries in Canada, the United States and internationally. As the use of medical marijuana in Ontario continues to increase, employers will need to make changing and updating workplace policies a leading priority.
What Ontario legislation applies?
There are various pieces of legislation that apply to the legalization of Cannabis including:
Controlled Drugs and Substances Act – Cannabis is currently listed as a Schedule II drug. (Gov of Canada – Justice Laws, 1996). This means that it has a high potential for abuse, but has a valid medical application.
Cannabis for Medical Purposes Regulations (ACMPR) – Medicinal cannabis is available to all Canadians as long as they have an authorization from their doctor for a valid medical condition.
Cannabis Act (Bill C-45) – This will legalize the use and sale of recreational cannabis. In Ontario, you must be at least 19 years old to purchase cannabis when it becomes legal to do so. According to the Act, “No person shall consume cannabis in a public place, a workplace within the meaning of the Occupational Health and Safety Act, a vehicle or boat. Medicinal cannabis users are subject to any prohibitions or restrictions set out under the Smoke-Free Ontario Act, 2017”
An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (Bill C-46) – This will add in new criminal offences regarding cannabis use, including drug-impaired driving charges.
The Smoke Free Ontario Act was repealed and replaced with Bill 174 – Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 This Act will forbid smoking cannabis in public spaces, similar to tobacco. However, since it’s not in effect yet, it may be adopted by employers as best practice until it is enacted.
According to the Occupational Health and Safety Act, section 25(2)(h), employers must take every precaution reasonable in the circumstances for the protection of a worker. (Weir & Pennell, 2017) (Gov of Ontario , 2018) (PSHSA, 2018). This includes your due diligence as an employer to protect your workers and provide a safe working environment from safety risks due to cannabis impairment.
Driving under the influence – even if you use cannabis medicinally, if a substance has impaired your ability to drive or operate a vehicle, it is illegal for you to be driving
Darryl Hiscocks of Torys LLP believes murkiness over marijuana use in the workplace will become a legal battleground, especially as legalization will remove the stigma associated with pot use. Read more as he explores employers grave concerns over the ability to detect and enforce marijuana in the workplace.
Canada’s Occupational Health and Safety Magazine review how recreational cannabis use is set to become legal by July 1, 2018, pending the passing of Bill C-45. Marijuana sees a wider social acceptance today, and many researchers agree that pot is no more harmful and less addictive than alcohol and nicotine, which have almost always been legal.
- Cannabis use and the Canadian workplace (pre-legalization)
- Cannabis in Canada – Get the facts
- Canadian Cannabis Survey 2017 – Summary
- Clearing the Smoke on Cannabis
- Eight ways to prepare your organization for the legalization of marijuana
- Cannabis legalization – Learn What Will and Won’t be Legal in Ontario
- Impairment and Workplace Health and Safety
- A Review of Workplace Substance Use Policies in Canada: Strengths, Gaps and Key Considerations
- Public Opinion Barometer Analysis from businessofcannabis.ca
- How Canada’s Marijuana legislation will affect employers
- Five tips for employers creating a Marijuana Policy at work
- Accommodating Medical Marijuana in the Workplace
- Legal Marijuana is Going to Change the Canadian Workplace
- Information for Health Care Professionals: Cannabis (marihuana, marijuana) and the Cannabinoids
- Ontario Preparing for Federal Cannabis Legalization
- Many questions need examining to establish effects of legalized cannabis on work safety
- 71% of Employers not Prepared for Legalization of Marijuana, According to HRPA, Business of Cannabis & Public Services Health & Safety Association Survey
- “Clearing the Haze” – The Impacts of Marijuana in the Workplace
In the coming months, PSHSA will be working to formulate a sector-wide approach to work with employers on helping them develop workplace policies, strategies and risk assessments related to the legalization of cannabis. In the meantime inquiries can be directed to Jackie Sam at email@example.com and Maryam Kham at firstname.lastname@example.org.