Human Resources Legislative Update
Cannabis-Related Regulatory Proposals Published for Comment by October 7, 2018
Date: September 28, 2018
On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018. On the same day, it published proposed cannabis-related amendments to two regulations, for comment by October 7, 2018.
If Bill 36 passes, the government is considering changes to O. Reg. 268/18 made under the Smoke-Free Ontario Act, 2017 which would, among other things:
- replace the term “medical cannabis” with cannabis
- establish an evidentiary rule that will allow a court to infer that a substance in question is cannabis
- exempt certain vehicles and boats from the proposed prohibition on consuming cannabis (e.g. where a motor vehicle is equipped with permanent sleeping and cooking accommodation, is parked and is being used as a residence; where a boat has permanent sleeping, cooking and sanitary facilities, is anchored and is being used as a residence).
If Bill 36 passes, the government is considering amending O. Reg. 79/10 made under the LTCHA with respect to the use of medical and recreational cannabis in LTC homes. Among other things, the proposals include:
- adding definitions of “cannabis”, “recreational cannabis” and “medical cannabis”
- requiring LTC home licensees “to have written policies and procedures to govern the cultivation, acquisition, use, administration, possession, storage and disposal of medical cannabis that comply with all applicable laws, including but not limited to, the Cannabis Act (Canada)” as well as policies and procedures with respect to the same issues as they relate to recreational cannabis
- providing for a 60-day transition period after the amendments come into force to allow for the development of policies and procedures relating to recreational and medical cannabis.
See our FTR Now Recreational Cannabis Update for more information about Bill 36.