Canadian employers facing marijuana challenges in the workplace
Canadian employers are already coping with approximately 75,000 Canadians authorized to use medical marijuana. Health Canada expects that this number will increase to about 450,000 by 2024.
Employers know that medical marijuana is a psychoactive drug prescribed to deal with medical conditions and accordingly, since many of those medical conditions constitute a disability (which employers are bound to accommodate to the point of undue hardship) medical marijuana typically necessitates an assessment and accommodative approach.
The next challenge facing Canadian employers will come with the federal government’s promise to introduce legislation in the spring of 2017 to legalize marijuana. The Task Force led by former Deputy Prime Minister Anne McLellan has circulated a discussion paper entitled “Towards the Legalization, Regulation and Restriction of Access to Marijuana”.
In the recent US election, the State of California opted for legalizing marijuana. This puts America on the road to allowing 1 in 5 Americans to legally use marijuana.
Employers will have to be mindful of the consequences of legalization of marijuana. Detecting marijuana usage and impairment is a lot more complicated than detecting alcohol use or drunkenness. Canadian employers will want to learn more about the topic and engage with lawmakers.
Gerald McMackin, QC and Christopher Marr, TEP New Brunswick joined the rest of Canada in enacting legislation that deals solely with powers of attorney when the Enduring Powers of Attorney Act (“Act”) came into force…Read More
Murray Murphy, QC, CPHR and Kate Jurgens Three new bills have been introduced in the most recent sitting of the Prince Edward Island legislature. In the employment setting Bill 38 aims to address the prevalence…Read More
Stephen Penney and Justin Hewitt As municipalities begin opening up recreational facilities in Alert Level 2 of the COVID-19 public health emergency implemented by the Provincial Government, Municipalities Newfoundland and Labrador has been receiving inquiries…Read More
There is no obligation upon a municipality to reduce a business tax due to limited operations secondary to the COVID-19 pandemic. A municipality does, however, have the discretion to offer business tax relief. If a…Read More
Ruth Trask and John Samms Newfoundland and Labrador employers who continued operations this spring during Alert Levels 4 and 5 of the COVID-19 pandemic should take note of a new program offered by the provincial…Read More
Christopher Marr, TEP & Lauren Henderson As defined benefit pension plans (“DB Plans”) throughout Canada continue to face funding challenges due to mounting solvency deficits, the New Brunswick Financial and Consumer Services Commission (“FCNB”) is…Read More
Jennifer Taylor The Supreme Court of Nova Scotia has acknowledged the ongoing impact of systemic racism against African Nova Scotians in an important decision on the Land Titles Clarification Act (“LTCA”). The case,…Read More
Effective July 1, 2020, the North American Free Trade Agreement (“NAFTA”) was officially replaced by the Canada-United States-Mexico Agreement (“CUSMA”). Like NAFTA, CUSMA contains provisions for the temporary entry of foreign “business persons” to Canada…Read More