Canadian employers facing marijuana challenges in the workplace
Canadian employers are already coping with approximately 75,000 Canadians authorized to use medical marijuana. Health Canada expects that this number will increase to about 450,000 by 2024.
Employers know that medical marijuana is a psychoactive drug prescribed to deal with medical conditions and accordingly, since many of those medical conditions constitute a disability (which employers are bound to accommodate to the point of undue hardship) medical marijuana typically necessitates an assessment and accommodative approach.
The next challenge facing Canadian employers will come with the federal government’s promise to introduce legislation in the spring of 2017 to legalize marijuana. The Task Force led by former Deputy Prime Minister Anne McLellan has circulated a discussion paper entitled “Towards the Legalization, Regulation and Restriction of Access to Marijuana”.
In the recent US election, the State of California opted for legalizing marijuana. This puts America on the road to allowing 1 in 5 Americans to legally use marijuana.
Employers will have to be mindful of the consequences of legalization of marijuana. Detecting marijuana usage and impairment is a lot more complicated than detecting alcohol use or drunkenness. Canadian employers will want to learn more about the topic and engage with lawmakers.
Archive
Perlene Morrison and Hilary Newman On October 11, 2017, the Chief Judge of the Provincial Court of Prince Edward Island gave her decision in R v. Community of Brackley. The Community of Brackley (the “Municipality”) was…
Read MoreIan Wallace The Occupational Health and Safety (“OHS”) legislation in Atlantic Canada and across the country recognizes the internal responsibility system. Everyone in the workplace is responsible for their own safety and the safety of…
Read MoreRick Dunlop, Kevin Landry and Justin Song Following October’s public consultation, which resulted in over 31,000 responses, Nova Scotia has revealed the first hints of its cannabis regulatory regime. While Nova Scotia’s proposed provincial legislation…
Read MorePeter McLellan, QC and Level Chan On November 29, 2017, the Nova Scotia Department of Finance and Treasury Board released new regulations with respect to asset transfers between pension plans that are effective November 28, 2017.…
Read MoreRick Dunlop and Kevin Landry The federal government has opened its 60-day consultation period with the release of its Proposed Approach to the Regulation of Cannabis. The paper outlines a potential regulatory framework which could…
Read MoreJosie Marks and Lara Greenough As 2017 comes to a close, please find below a summary of significant 2017 legislative amendments in each of the Atlantic Canadian provinces as well as federally, along with a…
Read MoreBrian Johnston, QC and Julia Parent In response to the report of the House of Commons committee on pay equity, the federal Liberal government announced its intention to bring in legislation to better ensure that…
Read MorePaul Smith and Dante Manna On November 14, 2017, Bill 22, also known as the proposed Pooled Registered Pension Plan Act (the “NB Act”), was introduced in the New Brunswick Legislature. If passed, New Brunswick…
Read MoreAndrew Burke and Kevin Landry The Toronto Stock Exchange (“TSX”) has made two recent changes to the TSX Company Manual that will impact disclosure: A. It introduced a requirement for many corporate listed issuers to…
Read MoreJennifer Taylor There is a role for social justice in statutory interpretation, according to the Nova Scotia Court of Appeal in the recent decision of Sparks v Nova Scotia (Assistance Appeal Board). This case is…
Read More