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Canadian Legislative News

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Canada continues to plan on legalizing cannabis by July 1, 2018, a decision made months ago when legislation was first introduced despite concerns from law enforcement and provinces. Recently, the House of Commons Health Committee heard from expert witnesses regarding the legislation. The Canadian Association of Chiefs of Police stated their concerns to the committee in early-September, claiming they need more time to properly train officers about the new laws. They also anticipate the need for more than double the number of officers who are certified to conduct roadside drug impaired driving testing, warning that, if legalization isn’t postponed, there will be a period of six months to a year where law enforcement officials won’t be prepared.

At the same time, provincial governments are independently developing the framework to administer the product once legalized. On September 8, the Ontario government announced that it would expand the Liquor Control Board of Ontario’s jurisdiction to include cannabis, opening 150 stand-alone stores by 2020. These will include an online ordering service. The minimum age for use, purchase, and possession will be 19. This plan has already faced criticism though, as other provinces look towards a model that would, instead, certify and regulate dispensaries that already exist. (A recent study shows that Toronto is currently home to over 150 dispensaries which will be forcefully shut down by the new Ontario plan.)

While Ottawa and provincial governments continue to refine their own plans for legalization, employers from coast to coast continue to be concerned about workplace safety and new policies they will need to create. Presently, there hasn’t been an effective tool created to detect cannabis usage like the "breathalyzer" for alcohol. Further, the physical effects of alcohol can be obvious, but this isn’t always true of cannabis. Further, cannabis can be ingested in food such as cakes and candies, making its consumption inconspicuous to employers.

Fleet administrators in Canada will need to address workplace policies to respond to the legalization of cannabis. Such policies would most likely mirror those regarding alcohol consumption within the scope of an employee's duties. Employer liability concerns remain to be answered. Provincial governments hope to provide more clarity to employers before the July 1, 2018, implementation.
 

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