News

The federal government tabled legislation today, April 13, 2017, that would legalize the use of marijuana for recreational purposes by July 1, 2018.

Under the new legislative regime, the federal government will license marijuana producers, while the provinces and territories will have jurisdiction over the distribution and sale of marijuana within the framework set out in the federal legislation.

Highlights of the proposed legislation are as follows:

• Purchasers will be required to be at least 18 years old, although provinces and territories may set a higher minimum age.
• Adults 18 and older will be able to possess up to 30 grams of dried cannabis, or its equivalent in non-dried form, and will be able to grow up to four plants per residence.
• Possession, production, and distribution outside of the legalized system would remain illegal, as would imports or exports without a federal permit.

As part of this major legislative initiative, the federal government is also proposing a number of changes to the Criminal Code, including creating a new criminal offence with a maximum of 14 years in jail for selling marijuana to a minor.

The proposed legislation also includes significant changes to Canada’s impaired driving laws. Proposed amendments to the Criminal Code would reportedly make it illegal for a person to drive within two hours of having a prescribed level of marijuana in his or her blood stream. The government is promising a system of mandatory roadside testing to test for cannabis impairment. The government is also proposing a new drug-impaired driving offence for drivers who combine alcohol with cannabis.

Potential Implications for Employers

In advance of the proposed legalization of marijuana, employers should consider updating their drug and alcohol policies. In particular, the proposed amendments to the Criminal Code may provide employers with an evidence-based model for managing suspected impairment in the workplace.

We will be carefully following the proposed legislation as it passes its way through the House of Commons and Senate.

If you require assistance regarding the impact of these proposed legislative changes on your workplace or any workplace policies or benefit plans, please contact us.

We are pleased to welcome Maggie Campbell and Mike Hamata to the firm.

For the past ten years, Maggie has advised clients on all aspects of employment relations. She has represented clients before the British Columbia courts, the Human Rights Tribunal and the Employment Standards Tribunal. Before joining Roper Greyell, Maggie practiced employment and labour law at the Vancouver office of an international firm.

Mike received his Juris Doctor from the University of Toronto and was called to the British Columbia bar in 2012. Prior to starting his legal career, Mike was a judicial law clerk to the Supreme Court of British Columbia. Mike articled and practiced as an employment and labour associate at an international law firm in Vancouver before joining Roper Greyell.

“We are very excited to welcome Maggie and Mike to Roper Greyell. They bring top-tier experience that will benefit our clients and contribute to the strength of our firm,” said Tom Roper, Roper Greyell’s Chair.

How Will This Affect Employers?

The Federal government is expected to introduce extended parental leave as early as 2018. Budget 2017 proposes changes to the Employment Insurance (“EI”) scheme that will allow parents to “stretch” EI parental benefits over an extended period of up to 18 months at a lower benefit rate of 33% of average weekly earnings. EI parental benefits will continue to be available at the existing benefit rate of 55% over a period of up to 12 months.

While the total benefit amount available through EI will not change, the lower extended parental benefit rate may have an impact on employers who offer supplemental or top-up payments during parental leave. We recommend that employers start to review their policies and collective agreements to determine whether changes will be required and how they may allocate top-up payments over 18 months if required to do so. Changes to these plans will require enough lead time to give notice to employees and/or negotiate the terms of any collective agreement with unions.

Budget 2017 also proposes to allow mothers to claim EI maternity benefits up to 12 weeks before their due date, an increase from the current standard of eight weeks.

It is important to note that none of the proposed measures will take effect immediately, but must await the introduction and passage of legislation. To implement these measures, Budget 2017 proposes to amend the Employment Insurance Act.

Further, while the proposed changes to the Employment Insurance Act will extend benefit entitlement and allow mothers to begin their EI maternity benefit earlier, the changes will not necessarily alter the legislated length of pregnancy/parental leave for all employees.

The budget indicates that the federal government will make the necessary amendments to the Canada Labour Code to ensure that employees in the federally-regulated sector have job protection while they are receiving caregiving, parental or maternity leave benefits. For provincially regulated employees, the job protection and leave entitlements will remain the same (i.e. usually based on a standard 12 month leave) unless the provincial legislatures also change the applicable provincial employment standards legislation. There is precedent for the provinces to follow the Federal Government’s lead when EI changes are made, but it remains to be seen what each province will do in these circumstances.

We will continue to watch for these legislative changes as each jurisdiction takes or does not take steps towards these amendments. If you require assistance regarding the impact of these proposed legislative changes on your workplace or any workplace policies or benefit plans, please contact us.

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We are pleased to announce that Roper Greyell has once again been ranked as a leading employment and labour law firm in the 2017 edition of Chambers Global. Thomas A. Roper, Q.C., Delayne Sartison, Q.C. and Gregory Heywood were also ranked individually.

Meet our lawyers who have been recognized as leaders in employment and labour law:

Thomas A. Roper, Q.C.’s “reputation in Vancouver and beyond is of the highest standing. He is highly thought of for his far-reaching experience in employment and labour law.” One source commented: “He is very efficient and very sound in his approach – a leading lawyer.”

Delayne Sartison, Q.C. “inspires confidence in peers and clients alike, who pinpoint her as “a clear leader” in British Columbia. Commentators appreciate her expertise in matters relating to the Canadian Charter of Rights and Freedoms, her strong management of arbitration files, as well as her generally thoughtful and practical attitude.”

Gregory Heywood “earns praise for his skills in litigation and arbitration, and for his flexible approach. Sources describe him as “top-notch,” and say: “He understands the industrial relations climate in BC.” He has significant experience representing natural resources and forestry industry clients.”

All quotes are from Chambers Global 2017.

About Chambers Global

Chambers Global is a well-respected legal publication that ranks the world’s best lawyers and law firms. Rankings are based on in-depth research and interviews conducted by over 150 highly qualified researchers.