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Some municipalities have responded immediately and jumped on the opportunity. In at least two cases – Markham and Richmond Hill – city counsellors have passed by-laws banning the consumption of cannabis in public spaces, including parks and sidewalks.
In many ways, the power has shifted to municipalities, who will shape the landscape for many of Ontario’s communities. It is municipalities, not the provincial nor the federal government, which will have the final say over the location of cannabis cannabis consumption. It will be important for residents to learn not only the by-laws in their municipality but the by-laws of neighbouring municipalities, to avoid any inadvertent violations.
In addition to municipalities’ power, landlords will similarly be entitled to create restrictions on the consumption of cannabis in rental accommodations, the way that they often do with tobacco products.
Similarly, employers will be able to limit as well. The Ontario Cannabis Act prohibits the consumption of cannabis in a “workplace” as it is defined in the Occupational Health and Safety Act (“OHSA”). The OHSA defines “workplace” as “any land, premises, location or thing at, upon, in or near which a worker works.” An exemption exists when a workplace also functions as “primarily a private dwelling, which may include private self-contained living quarters in a multi-unit building or facility,” as described previously.
Employers in Ontario are busily working to update existing drug policies to adjust for the use of cannabis over and above the prohibition in the Ontario Cannabis Act.
For all policies created (either landlord, or workplace) drafters will need to be mindful of patients under the Access to Cannabis for Medical Purposes Regulations, so as to not run afoul of human rights legislation and considerations.