My article on the 1st debate on the #Cannabis Act & where the parties are drawing battle lines. #marijuana #cdnpoli https://t.co/13gEDnjPrN
The Government of Canada intends to bring the Cannabis Act into force no later than July 2018, subject to the approval of Parliament and to royal assent.
Abundant information has been published online, including an examination of Bill C-45 for potential Charter engagements, answers to questions about personal cultivation, the status of Bill C-45, and how the new measures would be enforced.
Normally, proposed regulations are published in Canada Gazette, Part I, as the vehicle for the public to view and comment. The department sponsoring the legislation collects public comments and makes any changes.
However, due to the self-imposed, before-July deadline, timing is everything. The Canada Gazette, Part I, November 25, 2017 issue, contained a notice of intent to develop regulations under the proposed Cannabis Act , rather than the proposed regulations themselves.
Instead, Health Canada published a consultation paper, providing details on key elements (licensing; security requirements; product standards, labelling and packaging; access to cannabis for medical purposes; health products containing cannabis), and followed by soliciating input from Canadians on the proposed regulatory approach.
The 60-day public comment period has ended. Health Canada intends to publish a summary of the comments received, as well as a detailed outline of any changes, plus information on the proposed regulatory requirements.
After approval by Privy Council Office and Cabinet of Canada, the final regulations will have to be published in the Canada Gazette, Part II, as soon as possible following royal assent. The text of the new law will be published in Part III. In Canada, if a regulation has not been published in the Gazette, a person cannot be convicted of the offence.
Long title:An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts.
The Final Report of the Task Force on Cannabis Legalization and Regulation, produced after consultations with Canadians. The Task Force first assembled in June 2016 and delivered their report on November 30, 2016.
Legislative Background: The government is committed to maintaining the current access program for individuals registered with a federally licensed producer and those licensed to procuce a limited amount for medical purposes. Points covered include:
Access to Cannabis for Medical Purposes
Differences between the proposed Cannabis Act and the Access to Cannabis for Medical Purposes Regulations
"Cannabis will remain prohibited as the Bill moves through the legislative process. If it is approved by
Parliament, the Bill could become law no later than July 2018." --Minister of Justice and Attorney General of Canada, 2017.
The proposed Cannabis Act would create a strict national framework for controlling cannabis in Canada, informed by the recommendations of the Task Force for Cannabis Legalization and Regulation. Health Canada's key points include:
From within a strict national framework controlling production, distribution, sale, and possession, provinces and territories would license and oversee the actual distribution and sale of cannabis, all subject to minimum federal conditions regarding:
Adult access restrictions
Limits for how cannabis and cannabis accessories can be promoted, packaged, labelled, and displayed
Federal licensing regime for cannabis production
Types of cannabis products
Federal conditions for provincial and territorial distribution and retail sale legislation
Federally license distribution and sale in any province or territory that does not enact such legislation
The proposed Cannabis Act would control and strictly regulate cannabis in a way that allows only adults to access it through an appropriate retail framework, sourced from a well-regulated industry, or grown in limited amounts at home.
What would be allowed and how access would be restricted
Controlling promotion, packaging, labelling and display
Retail framework for selling and distributing cannabis
Updated and revised Canada's Lower-Risk Cannabis Use Guidelines. The original LRCUG were published in 2011. From a scientific perspective, Health Canada considers the Guidelines to be evidence-based information. The Canadian Institutes of Health Research supported the revisions through funding provided to the Canadian Research Initiative in Substance Misuse. [PDF 2p]
The Canadian Cannabis Survey (CCS) summary presents survey findings from the first data collection cycle, which commenced March 13, 2017 and ended May 24, 2017. Survey findings were weighted by region, age groups, and gender. Eligible respondents, recruited by phone, were divided, via an online survey, into medical or non-medical users. A separate list of questions was asked of respondents who indicated they used cannabis for non-medical purposes.
Current status: The public consultation is closed. Health Canada had sought feedback on its proposed approach to the regulation of cannabis. As the Government of Canada intends to bring the Cannabis Act into force no later than July 2018, Health Canada will now publish a summary of the comments received, and the final regulations will be published in the Canada Gazette.
The Controlled Drugs and Substances Act serves as the implementing legislation for the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Cannabis remains a Schedule II drug under the Controlled Drug and Substances Act, and, unless otherwise regulated for production and distribution for medical purposes, is subject to offences under that Act. Possessing and selling cannabis for non-medical purposes is still illegal everywhere in Canada.
Account numbers identify the relevant asset, liability, equity, revenue and expense accounts required for financial reporting (maintaining accounts in a general ledger) and for preparing financial statements:
Online consultations were open for 60 days, from November 21, 2017 to January 20, 2018. The information gathered will be added to the extensive consultations already conducted by the Task Force on Cannabis Legalization and Regulation and on Canada's existing system of regulated production of cannabis for medical purposes and industrial hemp.
Legal and Social Affairs Division provides a summary analysis of Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts for parliamentarians, parliamentary committees, and parliamentary associations.
Library of Parliament Research Publication | lop.parl.ca | 2017
2015: "Working with the Ministers of Public Safety and Emergency Preparedness and Health, create a federal-provincial-territorial process that will lead to the legalization and regulation of marijuana." --Rt. Hon. Justin Trudeau, P.C., M.P.
In November 2017, the Canada Gazette published the Minister of Health's notice of intent to develop new regulations under the proposed Act for consideration and approval by the Governor in Council. A 60-day consultation period followed. Summaries of comments received will be published in 2018.
Health Canada's consultation paper, Proposed Approach to the Regulation of Cannabis, sets out proposals regarding the regulation of cannabis in Canada. The purpose is to solicit public input and views on the approach under the following themes:
The Government of Canada commits to an ongoing collaboration with provinces and territories as it delivers on the commitment to legalize, strictly regulate and restrict access to cannabis. The provinces and territories would license and oversee the distribution and sale of cannabis under a strict national framework
Office of Jane Philpott: From a scientific perspective, Health Canada considers the Lower-Risk Cannabis Use Guidelines to be evidence-based information. The Canadian Institutes of Health Research supported the development of the Guidelines through funding provided to the Canadian Research Initiative in Substance Misuse. [PDF 2p]