CANNABIS ACT
What Canadian Businesses Need To Know About
THE CANNABIS ACT
BY: RYAN CAIN
L
ike it or not, the use of cannabis
is legal. That change in the law
is having significant impact on
the general public, but it is also
changing the way employers
deal with their businesses. It’s essential
that employers put clear policies in place
regarding the use of drugs (including
marijuana) and alcohol to prevent
incidents in the workplace, reduce sick
claims, and maintain normal levels of
employee productivity. The time to act
is now.
How, exactly, has the Cannabis Act
affected employers? In a number of
fundamental ways:
• The Cannabis Act has not changed
the responsibilities of employers
or employees in terms of drugs and
alcohol in the workplace.
• Though the federal law has
legalized marijuana, it also allows
for provinces to create regulations
specifically regarding cannabis use
when related to workplace safety
and driving.
• Even with marijuana legal,
employers still have the right to
regulate trafficking, consumption,
and possession at work. Additionally,
employers can still prohibit
employees from working under the
influence.
• Though random drug tests and
searches are generally prohibited
in the workplace, employers are
still able to check for possession of
drugs or intoxication of employees
after accidents occur, if they have a
reasonable suspicion of restricted
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use, or when employees are
returning to work after previous
issues regarding marijuana use.
•
There are still two circumstances
during which employers can require
drug tests for interviews or new
hires: when the workplace has safety
concerns which could be made worse
by marijuana use, and when the
employer has reasonable grounds
to believe the prospect might use
marijuana in an unhealthy way
which may affect work.
Whether being used recreationally or
medically, cannabis is likely to be used by
one or more of your employees. With that
in mind, making your expectations clear
regarding cannabis use is something that
should be done, if only to make everyone
aware of the policies that you have in
place. The social stigma may be gone, but
the potential for workplace accidents or
impairments is here to stay, so make sure
you are doing what you can to mitigate
those risks.
That can be a lot to take in, but the key
idea in all of this is to have a policy
and procedures in place so that you
won’t be caught off guard by any issues
relating to marijuana. Establishing or
updating your drug policy is the way to
do that. Communicating those changes
to employees in a clear way is the next
logical step.
What might you need to include in
your policy? The list is almost endless:
definitions of drugs, definitions of
workplaces, whether the language you
use in the policy with regard to alcohol
can be extended to marijuana, whether
recreational use can occur during breaks
or company functions, how long a sober
period before work may be, and whether
marijuana addiction or medical usage
needs to be disclosed.
Do you have a marijuana policy in
effect at your workplace? How might
the Cannabis Act change that? What
about your local provincial laws? For an
overview of your policy and to help learn
what action steps you could take, contact
Cain Insurance.
After graduating from The University of New Brunswick
in 2017, Ryan began his Insurance career at Cain
Insurance Services Ltd as a Personal Lines Broker. Since
then, he has joined the Commercial Lines Team at Cain
while completing his Master of Business Administration
(MBA) degree in Sales Management and Leadership