Budding Industry: Amendments to Cannabis Regulations Legalizing Edible Cannabis Coming Into Force

On October 17, 2019, one year after Canada legalized the sale and purchase of dried and fresh cannabis, oil, seeds, and plants, the government of Canada’s amendments to the Cannabis Regulations made under the federal Cannabis Act will come into force, establishing rules for the legal production and sale of three new classes of cannabis….

Appellate Court Considers Cannabis Impairment and Accommodation Issues

In International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., the Supreme Court of Newfoundland and Labrador judicially reviewed an arbitration decision in which the key issues were measuring impairment from cannabis use and accommodation obligations. The Arbitrator found that there is currently no way to accurately measure such…

WSIB Issues New Policy on Medical Cannabis

The Workplace Safety and Insurance Board (WSIB) has issued Policy 17-01-10 Cannabis for Medical Purposes (Policy) which will come into effect on March 1, 2019. The WSIB has previously covered the cost of medical cannabis in some circumstances, primarily for the relief of pain in accordance with section 33 of the Workplace Safety and Insurance…

Tribunal Finds that Denial of Coverage for Medical Cannabis under Employer’s Benefit Plan is not Discriminatory

The Ontario Human Rights Tribunal (the Tribunal) recently held that the decision to deny coverage for medical cannabis coverage under an employer’s benefit plan is not discrimination under the Ontario Human Rights Code (Code) when the decision to deny coverage is unrelated to an applicant’s disability or another protected ground. In Rivard v. Essex (County),…

Benefits Canada Publishes an Article by Thomas Agnew on Benefits Coverage for Medical Marijuana

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Employer Obligations Around Medical Pot, Benefits Plans.” In a case from February 2017, the Nova Scotia Court of Appeal confirmed that an administrator of a benefits plan can choose what specific drugs and medications will be covered by a plan. In particular, it held that the exclusion of medical cannabis…

Signs Required to be Posted under the Smoke-Free Ontario Act, 2017 Now Available on Government Website

Further to our FTR Now of October 18, 2018, Employers Take Note: Provincial Cannabis Legislation and Smoke-Free Ontario Act, 2017 (Including New Poster Requirements) Now in Force, the government of Ontario has now posted information regarding the new rules under the Act as well as the signs required to be posted by employers and others…

Jacqueline Luksha Answers “Burning Questions” about the Legalization of Cannabis on the CBC News Network

Hicks Morley’s Jacqueline Luksha was featured on the CBC News Network with Andrew Nichols on October 17, 2018 discussing issues that employers and employees are facing in light of Wednesday’s legalization of cannabis. Questions that Jacqueline responded to in this feature include: Does legalization mean that employees are entitled to consume cannabis in the workplace? What should employers be keeping in…