Client Update: Nova Scotia gives first look at cannabis regulation
Following October’s public consultation, which resulted in over 31,000 responses, Nova Scotia has revealed the first hints of its cannabis regulatory regime. While Nova Scotia’s proposed provincial legislation under the Cannabis Act has not yet been released, today’s press release provides insight as to what can be expected moving forward.
What will the Nova Scotia regulatory regime look like?
The legal age to purchase recreational cannabis in Nova Scotia will be 19 – which is in line with the province’s liquor laws. The proposed legal age of 19 is consistent with Newfoundland and Labrador, New Brunswick, Ontario, British Columbia, and Yukon.
Alberta and Quebec have set the legal age to 18, mirroring their legal age to purchase alcohol. Manitoba has proposed a legal age of 19 and is the only province, so far, that has not mirrored its provincial drinking age (18 in Manitoba).
The remaining provinces – Saskatchewan, PEI, the Northwest Territories and Nunavut – are currently in the process of holding public consultations.
The distribution and sale of cannabis will be through the Nova Scotia Liquor Corporation (NSLC) both online and in existing NSLC stores.
The government expects to have cannabis available on July 1, 2018 in a number of stores. The NSLC was chosen because of the survey responses which indicated that:
the NSLC allows Nova Scotia to best protect children and youth, and that it made sense to use a crown corporation that already has retail experience and infrastructure.
In keeping with the federal legislation and the approach taken by other provinces, Nova Scotia will allow adults of legal age to possess up to 30 grams of cannabis. Unlike New Brunswick which requires that cannabis be stored in a locked container or room, Nova Scotia does not intend to require cannabis to be locked up within private homes.
Purchase or possession of cannabis for those under the legal age of 19 will be prohibited. Nova Scotia will implement provincial penalties for youth possession of up to 5 grams. Youth found with less than 5 grams will be subject to seizure of the cannabis, notification of parents or guardians, and fines similar to those for underage possession of alcohol or tobacco.
The federal legislation treats possession of more than 5 grams by those under 18 as a criminal offence. These offences will be prosecuted under the Youth Criminal Justice Act, as is the current process for youth drug offences.
Bryan Mills and John Morse On May 21, 2019, the New Brunswick Labour and Employment Board (”Board”) dismissed an application by the New Brunswick Union of Public and Private Employees (“Union”) seeking certification as bargaining…Read More
Jonathan Coady and Justin Milne The Ontario Court of Appeal has found that the Greenhouse Gas Pollution Pricing Act¹ is valid federal legislation.² The Act implements national minimum pricing standards to reduce greenhouse gas (“GHG”) emissions.…Read More
Richard Niedermayer, TEP, Jennifer Taylor and Bhreagh Ross, summer student There is a right to testamentary freedom under section 7 of the Charter, according to a recent decision of the Nova Scotia Supreme Court. In…Read More
John Samms Introduction Much ink has been spilled on the controversial 1969 power contract between Hydro-Quebec and CFLCo (the contract) and last week the Quebec Court of Appeal added to the pile with its decision…Read More
Kevin Landry On June 14, 2019, Health Canada announced the release of the final version of amendments to the Cannabis Regulations, which will permit for the production and sale of edibles, extracts and topicals. The…Read More
We are pleased to present the fourth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. While springtime for universities and colleges signal the culmination of classes, new graduates…Read More
Grant Machum and Richard Jordan In an earlier article, we considered an employer’s options when an employee departs and takes with them the social media contacts they have obtained during the course of their…Read More
Matthew Jacobs and Daniel Roth (summer student) “… we cannot be a Blockbuster government serving a Netflix society.” – The Hon. Minister Navdeep Bains paraphrasing the Hon. Scott Brison (May 2019, at the Empire…Read More
Tauna Staniland, Andrea Shakespeare, Kimberly Bungay and Alycia Novacefski The federal government has introduced new record keeping requirements for private, federally formed corporations governed by the Canada Business Corporations Act (“CBCA”). The amendments to the…Read More