The Cannabis Act, also known as Bill C-45, is a law effective October 17, 2018, legalize recreational use of cannabis nationwide in Canada, when combined with Bill C-46, An Act to Amend the Criminal Code.

HOW DOES THIS IMPACT THE WORKPLACE?

HR related concerns ranged from attendance and decreased work performance to increased insurance claims. Areas that this will impact are:

1. Safety in the workplace
2. Employers’ duty to accommodate
3. Drug plans
4. Drug testing

• What must Employers, HR Managers and HR Consultants be doing?

• • Understand the importance of adapting a Substance Abuse (Drug and Alcohol-related policies).
  • Why is it vital to communicate these changes organization wide?
  • What must an employer consider before terminating an employee for a breach of policy?
  • How can employees monitor/verify impairment? Are drug tests reasonable?
  • What are the human rights and employee privacy implications associated with drug testing?
  • Could a marijuana addiction constitute a disability and lead to accommodation? Best practices for handling workplace accommodation.

Ensuring that all employees are aware of the Company’s expectations regarding this new Act and expectations of employees’ behaviors in the workplace is key to how performance will be managed as it relates to Cannabis use.

More information on Cannabis Act https://www.canada.ca/en/health-canada/news/2018/06/backgrounder-the-cannabis-act-the-facts.html. In an article, Renu Mandhane, Chief Commissioner of the Ontario Human Rights Commission, on CBC’s Metro Morning said, “The first thing that employers and employees should know is that the general expectation is that people don’t come to work impaired.” https://www.cbc.ca/news/canada/toronto/ohrc-guidelines-pot-1.4863066

We are here to help. If you have questions, please contact us by telephone or email.