Article by Ontario’s Regulatory Registry
Bill or Act:The Cannabis Act, 2017Summary of Proposal:
The Ministry of the Attorney General is proposing to prohibit medical cannabis users from using medical cannabis in any form while driving or having care or control of a vehicle or boat, whether or not the vehicle or boat is in motion. Medical cannabis users would be permitted to consume cannabis if they are a passenger in a vehicle or boat, provided the cannabis is not smoked or vaped.
In order to ensure that passengers who are medical cannabis users are able to access their medical cannabis, the Ministry of the Attorney General proposes to exempt medical cannabis users from the prohibition on transporting cannabis in certain circumstances.
The Ministry of the Attorney General is also proposing to permit the use of recreational cannabis in the following places, subject to some conditions:
• Hotel, motel and inn rooms
• Motor vehicles and boats that are used as private residences
• Private residences that are also workplaces, subject to some conditions
In order to clarify the rules respecting places of use, the Ministry of the Attorney General is also proposing that certain places where recreational cannabis cannot be used be prescribed for greater certainty without limiting the generality of the places of use rules and to ensure alignment with the Smoke-Free Ontario Act, 2017, where appropriate.
The Ministry of the Attorney General is also proactively exploring potential post-legalization approaches that would provide more options for where people can consume cannabis without significantly increasing exposure to second-hand smoke and vapour. Specifically, the Ministry is considering the following approaches:
• Permitting licensed and regulated cannabis consumption lounges and venues; and
• Permitting owners or operators of multi-unit dwellings to designate outdoor areas for the consumption of recreational cannabis.
Additional regulatory proposals related to the retail and distribution of cannabis in Ontario, including requirements for age verification documents and certain exemptions under the Cannabis Act, 2017, the Smoke-Free Ontario Act, 2017, and road safety measures, including impaired driving, have been separately posted on the Regulatory Registry for feedback.Analysis of Regulatory Impact:Administrative costs to business are not expected as a result of this regulatory proposal.