The federal government is legalizing
recreational use of marijuana/cannabis effective October 17, 2018 – the Cannabis
Act (Bill C-45). Ontario’s Cannabis
Act, 2017 will govern the details of legalization including purchasing,
possessing, and using cannabis. Until then it remains illegal other than for
authorized medical or research purposes.
There are different rules for recreational
cannabis and medical cannabis.
General rules for recreational
cannabis in Ontario:
- · You can possession a maximum of 30 grams (approximately 1 oz.) of dried cannabis in public at any time.
- · You must be 19 or over to possess, consume, attempt to purchase, purchase or distribute cannabis.
- · Ontario Cannabis Store is the only store that can legally sell recreational cannabis and must follow strict rules set by the federal government
- · Can grow up to 4 plants per residence (not per person). You can purchase seeds and seedlings from the Ontario Cannabis Store.
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Cannabis in
the Workplace
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Legislation
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Workplace
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Motor Vehicles
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Cannabis
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Cannabis Act, 2017[1]
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Prohibited to
consume
s.11(1)(b) |
Prohibited to
consume
s.11(1)(c) |
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Smoking
Cannabis
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Smoke-Free Ontario Act, 2017[2]
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Prohibited:
Smoking
lighted tobacco, medical cannabis, and electric cigarettes are prohibited in enclosed
workplace
s.12(1), (2) |
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Medical
Cannabis
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Cannabis Act, 2017
And
Smoke-Free Ontario Act, 2017
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May be
used in workplace subject to prohibitions set out in Smoke-Free Ontario Act, 2017
s.11(2)[3]
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Prohibited to
smoke cannabis, have lighted medical cannabis, use an electronic cigarette
containing medical cannabis or have an activated electronic cigarette
containing medical cannabis in a motor vehicle
s.17(1)(e)
Smoke-Free Ontario Act, 2017
s.7 Places of Consumption, O.Reg 325/18
[not yet in force]
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Medical Cannabis
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Employee Rights
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Prescription/Info.
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Accommodation
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Generally
Medical
cannabis may be consumed in a public place, workplace, vehicle or boat, or
any prescribed place subject to prohibitions set out in the Smoke-Free Ontario Act, 2017.
ss. 5
and 11(2) of Cannabis Act, 2017.
The
only way to purchase medical cannabis is from a federally licensed producer
online, by written order, or over the phone and delivered by secure mail.
In
the Workplace
A
prescription for medical cannabis does not entitle an employee to:
·
Be impaired at work
·
Compromise his/her safety and
the safety of others
·
Smoke in the workplace
·
Unexcused absences or late
arrivals
Authorized
users of medical cannabis do not have to tell their employer about it
unless they are:
·
In a safety-sensitive
position
·
Seeking accommodation in the
workplace for consumption of medical cannabis
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In the
event that an employee has requested accommodation to consume medical
cannabis during hours of employment, then the employer should request the
employee provide the following information from his/her health care
professional who has prescribed the medical cannabis[4]:
·
Copy of prescription
·
Confirmation that the medical
cannabis is required to treat a disability or illness
·
Confirmation that it is
necessary for the employee to medicate while at work
·
Details of usage, including:
o
Frequency of use
o
Amount to be used
o
Method of ingestion
o
Strain/type of medical
cannabis
o
Whether there is a
strain/type of medical cannabis that is more suitable for consumption in the
workplace
·
Whether consumption of the
medical cannabis will cause impairment
·
Whether the consumption of
medical cannabis will influence the employee’s cognitive ability or judgment
·
Whether there are any side
effects of the medical condition being treated with the medical cannabis that
should be considered
·
When the employee is expected
to get better and no longer requires the use of medical cannabis
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Once
an employee has requested accommodation for the use of medical cannabis in
the workplace and has provided the requested information, employers should
consider what accommodation may be provided to the employee in order to use
medical cannabis while at work which may include the following:
·
Moving the employee out of a
safety-sensitive position
·
Providing breaks that permit
the required use of the medical cannabis
·
Implementing alternative
scheduling
·
Altering employee’s duties
·
Designating a location where
the employee can use medical cannabis during working hours[5]
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Workplace Policies
Employers
should review their workplace policies to ensure the following:
1.
Drug and Alcohol Policy includes cannabis and
expectations when an employee states or there is an observation that the
employee has a substance abuse problem.
2.
Smoking Policy deals with a definition of the
types of smoking products prohibited in the workplace and what an employee
should do when seeking accommodation in the workplace for the use of medical
cannabis.
3.
Accommodation Policy is inclusive of medical cannabis
use in the workplace for the treatment of a disability or illness.
We at
Dale & Lessmann LLP are pleased to assist you with your questions
concerning cannabis in the workplace. We can assist you in creating or
modifying your workplace policies in respect of drug and alcohol, smoking,
accommodation, and other workplace policies.
August 13, 2018
*****
Christina J. Wallis is a Partner lawyer practising civil litigation
with a focus in Employment Law
at Dale & Lessmann LLP, Toronto, Ontario, Canada, a full service business
law firm. To speak to Christina please call 416-369-7832 or send an email message to her at cwallis@dalelessmann.com.
[2] SO 2017, c26, Sch 3
[not yet in force].
[3] But note that smoking medical cannabis is prohibited
in enclosed workplace and enclosed public places. Also note that smoking and
consuming medical cannabis is permitted in a public place that is not
prohibited under the Smoke-Free Ontario
Act, 2017. So essentially, employees who require accommodation to smoke
medical cannabis may be permitted to smoke it in an outside location dedicated
to smokers (but recreational smoking of cannabis is not prohibited).
[5] See note 3.
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