Client Update: Nova Scotia gives first look at cannabis regulation
Rick Dunlop, Kevin Landry and Justin Song
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?
Home cultivation
Unlike Quebec and Manitoba, Nova Scotia intends to permit adults to grow up to four plants per household, in line with the Cannabis Act.
Age
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.
Distribution
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.
Personal possession
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.
Archive
Brian G. Johnston, QC, Jennifer Thompson and Daniel Roth The Government of Canada has announced the final Regulations Amending the Employment Equity Regulations (“Regulations”). The Regulations come into force on January 1, 2021 and will bring increased pay transparency to federally regulated…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 07 Nicholas Russon and Kathleen Nash In December 2018, the Ontario Cabinet approved a direction for the Minister of Training, Colleges and Universities (“Minister”) to…
Read MoreWe are pleased to present the fourth installment of Beyond the border, a publication aimed at providing the latest information to clients about new programs and other immigration-related information that may be pertinent to employers of…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 07 Stephen Penney and Tyler Callahan Universities continue to work creatively to meet market demands despite consistent declines in public funding. Consequently, untenured term appointments…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 07 Sacha Morisset Confidentiality regarding the terms of the settlement of a legal dispute is a key consideration for many parties. Most accept that the…
Read MoreChad Sullivan and Kathleen Nash In June 2020, the Federal Government released the new Work Place Harassment and Violence Prevention Regulations (“Regulations”) along with Bill C-65, An Act to amend the Canada Labour Code (“Code”).…
Read MoreRob Aske As we wrote about earlier, Canada’s federal government has proposed a replacement to our national privacy law for commercial transactions known as the Personal Information Protection and Electronic Documents Act (“PIPEDA”). The new…
Read MoreKatharine Mack After a relatively carefree Atlantic summer, the bubble has officially burst: as COVID-19 cases begin to rise, New Brunswick, Prince Edward Island and Newfoundland and Labrador have all announced that they will be…
Read MoreWe are pleased to present the seventh issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. While ‘back to school’ may look a little different this year, Stewart McKelvey is…
Read More2021: The Year of the Overshare Richard Niedermayer, TEP, Sarah Almon and Madeleine Coats Governments around the world are taking steps to increase transparency at the expense of privacy. In Canada, federal government strategies to…
Read More