Proceedings of the Standing Senate Committee on
Social Affairs, Science and Technology
Issue No. 45 - Minutes of Proceedings - May 28, 2018
OTTAWA, Monday, May 28, 2018
(106)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day at 1:16 p.m., in room 160-S, Centre Block, the chair, the Honourable Art Eggleton, P.C., presiding.
Members of the committee present: The Honourable Senators Bernard, Dean, Eggleton, P.C., Gold, Lankin, P.C., Mégie, Munson, Omidvar, Patterson, Petitclerc, Plett, Poirier, Saint-Germain, Seidman, Stewart Olsen and Woo (16).
Other senators present: The Honourable Senators Black (Ontario), Deacon, Gagné and Pratte (4).
In attendance: Marie-Ève Belzile, Acting Deputy Principal Clerk, Mireille Aubé, Barbara Reynolds and Joëlle Nadeau, Procedural Clerks, Senate Committees Directorate; Sonya Norris and Marlisa Tiedemann, Analysts, Parliamentary Information and Research Services, Library of Parliament.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, March 22, 2018, the committee continued examination of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 39.)
APPEARING:
Bill Blair, M.P., Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Health.
WITNESSES:
Health Canada:
Eric Costen, Director General, Cannabis Legalization and Regulation Secretariat;
John Clare, Director, Policy, Legislative and Regulatory Affairs.
Department of Justice Canada:
Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section;
Diane Labelle, General Counsel, Health Canada Legal Services;
Paul Saint-Denis, Senior Counsel, Criminal Law Policy Section.
The chair made a statement.
Mr. Blair made a statement and, together with officials, answered questions.
At 2:53 p.m., the committee suspended.
At 3:05 p.m., the committee resumed.
WITNESSES:
Public Safety Canada:
Kimberly Lavoie, Director, Drug Policy.
Canada Border Services Agency:
Jennifer Lutfallah, Director General, Enforcement and Intelligence Programs.
Royal Canadian Mounted Police:
Chief Superintendent Paul Beauchesne, Director General, Federal Policing Criminal Operations;
Chief Superintendent Dennis Daley, Director General, National Criminal Operations, Contract and Aboriginal Policing;
Mario Panizzon, Director, Security Intelligence Background Section;
Byron Organ, Analyst, Canadian Criminal Real Time Identification Services.
Health Canada:
Eric Costen, Director General, Cannabis Legalization and Regulation Secretariat;
John Clare, Director, Policy, Legislative and Regulatory Affairs.
Department of Justice Canada:
Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section;
Diane Labelle, General Counsel, Health Canada Legal Services;
Paul Saint-Denis, Senior Counsel, Criminal Law Policy Section.
The chair made a statement.
At 3:11 p.m., it was agreed that the committee proceed to clause-by-clause consideration of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts.
The officials were invited to remain at the table and, from time to time, answer questions.
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
The chair asked whether clause 2 shall carry.
The Honourable Senator Petitclerc moved:
That Bill C-45 be amended in clause 2 by:
(a) replacing lines 13 to 15 on page 2 with the following:
"sented to be used in the consumption of cannabis; or'';
(b) replacing lines 17 and 18 on page 2 with the following:
"represented to be used in the consumption of cannabis. (accessoire)''; and
(c) replacing lines 28 to 30 on page 5 with the following:
"ry, a thing that is commonly used in the consumption of cannabis is deemed to be represented to be used in the consumption of cannabis if the''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 2 as amended carry, on division.
It was agreed that clause 3 carry, on division.
It was agreed that clause 4 carry, on division.
It was agreed that clause 5 carry, on division.
Before the chair asked whether clause 6 shall carry, the Honourable Senator Seidman moved:
That Bill C-45 be amended, on page 6, by adding the following after line 8:
"5.1 For greater certainty, nothing in this Act is to be construed as limiting the operation of the extrajudicial measures that are provided for under the Youth Criminal Justice Act.''.
After debate, the question being put on the motion in amendment that new clause 5.1 carry, it was adopted.
Before the chair asked whether clause 6 shall carry, the Honourable Senator Petitclerc moved:
That Bill C-45 be amended, on page 6, by adding the following after line 8:
"5.2 For greater certainty, this Act does not affect the operation of any provision of provincial legislation that is more restrictive with respect to, or prohibits, the cultivation, propagation or harvesting of cannabis in a dwelling-house.''.
After debate, the question being put on the motion in amendment that new clause 5.2 carry, it was adopted.
It was agreed that clause 6, carry, on division.
It was agreed that clause 7, carry, on division.
With leave and pursuant to rule 12-20(3), it was agreed that the remaining clauses be grouped according to the parts as described in the table of provisions of Bill C-45.
The chair asked whether Part 1, Division 1, entitled "Criminal Activities,'' which contains clauses 8 to 15 shall carry.
The Honourable Senator Seidman moved:
That Bill C-45 be amended in clause 8, on page 7,
(a) by replacing line 13 with the following:
"(d) for an individual to possess one''; and
(b) by replacing line 16 with the following:
"(e) for an individual to possess one or more''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Patterson, Plett, Poirier, Seidman and Stewart Olsen — 5
NAYS
The Honourable Senators Bernard, Dean, Eggleton, P.C., Mégie, Munson, Omidvar and Petitclerc —7
ABSTENTIONS
None
Before the chair asked whether Part 1, Division 1 shall carry, the Honourable Senator Bernard moved:
That Bill C-45 be amended in clause 9, on page 10, by adding the following after line 3:
"(2.1) Subparagraph (1)(a)(ii) does not apply
(a) if the cannabis is distributed by an individual who is 18 years of age or older and less than two years older than the individual to whom they distribute the cannabis; or
(b) if the cannabis is distributed to an individual who is 16 years of age or older by their parent or guardian in their dwelling-house.''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators Bernard, Dean, Eggleton, P.C., Mégie, Munson, Omidvar and Petitclerc — 7
NAYS
The Honourable Senators Patterson, Plett, Poirier, Seidman and Stewart Olsen — 5
ABSTENTIONS
None
Before the chair asked whether Part 1, Division 1 shall carry, the Honourable Senator Seidman moved:
That Bill C-45 be amended, in clause 11, on page 12, by replacing line 28 with the following:
"more than $300,000.''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators Eggleton, P.C., Mégie, Patterson, Plett, Poirier, Seidman and Stewart Olsen — 7
NAYS
The Honourable Senators Bernard, Dean, Munson, Omidvar and Petitclerc — 5
ABSTENTIONS
None
Before the chair asked whether Part 1, Division 1 shall carry, the Honourable Senator Dean moved:
That Bill C-45, be amended in clause 12 by replacing, in the French version, line 17 on page 13 with the following:
"nabis provenant d'une graine ou d'une matière végé- tale qu'il''.
After debate, the question being put on the motion in amendment, it was adopted.
Before the chair asked whether Part 1, Division 1 shall carry, the Honourable Senator Omidvar moved:
That Bill C-45 be amended in clause 15, on page 16, by adding the following after line 31:
"15.1 A conviction for an offence committed under section 9, 10, 11, 12 or 14 does not constitute serious criminality for the purposes of subsection 36(1) of the Immigration and Refugee Protection Act unless the person was sentenced to a term of imprisonment of more than six months in respect of that offence.''.
After debate, the question being put on the motion in amendment that new clause 15.1 carry, it was adopted, on division.
Before the chair asked whether Part 1, Division 1 shall carry, the Honourable Senator Seidman moved:
That Bill C-45 be amended, on page 16, by adding the following after line 31:
"15.1 For greater certainty, this Act does not affect the operation of any provision of provincial legislation that is more restrictive with respect to the possession of cannabis or the cultivation, propagation or harvesting of cannabis plants.''.
After debate and with leave, the amendment was withdrawn.
It was agreed that Part 1, Division 1, entitled "Criminal Activities,'' which contains clauses 8 to 15 carry, as amended on division.
The chair asked whether Part 1, Division 2, entitled "Other Prohibitions,'' which contains clauses 16 to 39 shall carry.
The Honourable Senator Seidman moved:
That Bill C-45 be amended in clause 17, on page 18, by deleting lines 22 to 25.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Patterson, Plett, Poirier, Seidman and Stewart Olsen — 5
NAYS
The Honourable Senators Bernard, Dean, Eggleton, P.C., Mégie, Munson, Omidvar and Petitclerc — 7
ABSTENTIONS
None
Before the chair asked whether Part 1, Division 2 shall carry, the Honourable Senator Seidman moved:
That Bill C-45 be amended in clause 17, on page 19, by deleting lines 16 to 27.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Patterson, Plett, Poirier, Seidman and Stewart Olsen — 5
NAYS
The Honourable Senators Bernard, Eggleton, P.C., Mégie, Munson and Omidvar — 5
ABSTENTIONS
The Honourable Senators Dean and Petitclerc — 2
Before the chair asked whether Part 1, Division 2 shall carry, the Honourable Senator Seidman moved:
That Bill C-45 be amended in clause 26, on page 22, by replacing line 23 with the following:
"daring;
(d.1) That does not set out the tetrahydrocannabinol content, expressed as the percentage of tetrahydrocannabinol the product yields and by unit or dose based on how the product is represented to be consumed; or''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Patterson, Plett, Poirier, Seidman and Stewart Olsen — 5
NAYS
The Honourable Senators Bernard, Dean, Eggleton, P.C., Munson, Omidvar and Petitclerc — 6
ABSTENTIONS
The Honourable Senator Mégie — 1
At 4:55 p.m., the Honourable Senator Saint-Germain replaced the Honourable Senator Bernard as a member of the committee.
Before the chair asked whether Part 1, Division 2 shall carry, the Honourable Senator Seidman moved:
That Bill C-45 be amended, in clause 33, on page 24, by replacing line 20 with the following:
"cannabis of any class that is not referred to in Schedule 4 or that has a potency exceeding the prescribed maximum potency.''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators Patterson, Plett, Poirier, Seidman, Saint-Germain and Stewart Olsen — 6
NAYS
The Honourable Senators Dean, Eggleton, P.C., Munson, Omidvar and Petitclerc — 5
ABSTENTIONS
The Honourable Senator Mégie — 1
It was agreed that Part 1, Division 2, entitled "Other Prohibitions,'' which contains clauses 16 to 39, carry, as amended, on division.
At 5:07 p.m., the Honourable Senator Bernard replaced the Honourable Senator Saint-Germain as a member of the committee.
The chair asked whether Part 1, Division 3, entitled "Obligations,'' which contains clauses 40 to 43 shall carry.
The Honourable Senator Dean moved:
That Bill C-45 be amended in clause 43, by replacing, in the French version, line 27 on page 26 with the following:
"notamment celle visée à l'alinéa 16d), au sujet de l'acces-''.
The question being put on the motion in amendment, it was adopted, on division.
It was agreed that Part 1, Division 3, entitled "Obligations,'' which contains clauses 16 to 39, carry, as amended, on division.
The chair asked whether Part 2, entitled "Ticketable Offences,'' which contains clauses 51 to 60 shall carry.
The Honourable Senator Dean moved:
That Bill C-45 be amended in clause 51 by:
(a) adding after line 28 on page 30 the following:
"(d.1) a lesser amount than the amount determined under subsection (4) that may be paid for the offence if it is paid within a specified period that is shorter than the period referred to in paragraph (d);''; and
(b) replacing line 30 on page 30 with the following:
"within the period referred to in paragraph (d) or (d.1),''.
After debate, the question being put on the motion in amendment, it was adopted, on division, by a show of hands.
Before the chair asked whether Part 2 shall carry, the Honourable Senator Dean, moved:
That Bill C-45 be amended in clause 51 by:
(a) replacing lines 31 to 34 on page 30 with the following:
"(i) a finding of guilt will be entered in the judicial record of the accused and the accused will be deemed to have received an absolute discharge and not to have been convicted of the offence,
(ii) the judicial record of the accused in respect of the offence will not be used for any''; and
replacing line 37 on page 30 with the following:
"(iii) if cannabis has been seized in relation to the of-''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 2 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 51, by replacing line 5 on page 31 with the following:
"referred to in paragraph (d) or (d.1)''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 2 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 52 by replacing line 23 on page 31 with the following:
"cused within the period referred to in paragraph 51(3)(d) or (d.1) constitutes a''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 2 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 52 by:
(a) replacing lines 26 and 27 on page 31 with the following:
"(a) a finding of guilt is to be entered in the judicial record of the accused and the accused is deemed to have received an absolute discharge and not to have been convicted of the offence;
(b) replacing lines 29 and 30 on page 31 with the following:
"offence must not be used for any purpose''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 2 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 53 by replacing lines 9 and 10 on page 32 with the following:
"offence must not be used for any purpose that''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 2 shall carry, the Honourable Senator Dean moved:
That Bill C-45, in Clause 54, be amended by replacing line 14 on page 32 with the following:
"the ticket within the period referred to in paragraph 51(3)(d) or (d.1), the ac-''
The question being put on the motion in amendment, it was adopted, on division.
The committee reverted to consideration of Part 1, Division 4 entitled "Miscellaneous,'' which contains clauses 44 to 50. It was agreed that Part 1, Division 4, which contains clauses 44 to 50, carry, on division.
The committee resumed consideration of Part 2, entitled "Ticketable Offences,'' which contains clauses 51 to 60.
The Honourable Senator Seidman moved:
That Bill C-45 be amended in clause 54, on page 32, by replacing line 22 with the following:
"(d) the accused has 60 days after the day of the convic-''.
After debate, the question being put on the motion in amendment, it was adopted.
Before the chair asked whether Part 2 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 54 by replacing lines 32 and 33 on page 32 with the following:
"accused in relation to the offence must not be''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 2 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended by adding after line 40 on page 32 the following:
"55.1 If the amount to be paid under this Part is owed to Her Majesty in right of Canada, the person responsible, by or under an Act or ordinance of the legislature of a territory, for issuing or renewing a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine or fee is paid in full, proof of which lies on the offender.''.
The question being put on the motion in amendment, it was adopted, on division.
The Honourable Senator Dean moved:
That Bill C-45 be amended in clause 58 by:
adding after line 18 on page 33 the following:
"(b.1) a lesser amount than the amount determined under paragraph 51(4)(a) or (b), as the case may be, that may be paid for the offence if it is paid within a specified period that is shorter than the period referred to in paragraph (b);'' and
replacing line 20 on page 33 with the following:
"within the period referred to in paragraph (b) or (b.1),''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 2 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 58 by:
replacing lines 21 to 24 on page 33 with the following:
"(i) a finding of guilt will be entered in the judicial record of the accused and the accused will be deemed to have received an absolute discharge and not to have been convicted of the offence,
(ii) the judicial record of the accused in respect of the offence will not be used for any'' and
replacing line 27 on page 33 with the following:
"(iii) if cannabis has been seized in relation to the of-''
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 2 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 58 by replacing line 31 on page 33 with the following:
"ferred to in paragraph (b) or (b.1), the accused must appear in''
The question being put on the motion in amendment, it was adopted, on division.
It was agreed that Part 2, entitled "Ticketable Offences,'' which contains clauses 51 to 60, carry, as amended, on division.
The chair asked whether Part 3, entitled "Licences and Permits,'' which contains clauses 61 to 68 shall carry.
The Honourable Senator Dean moved:
That Bill C-45 be amended in clause 62 by replacing lines 26 and 27 on page 37 with the following:
"(10) Subject to the regulations, the Minister may make a licence or permit subject to any conditions that he or she considers ap-''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 3 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 64 by replacing lines 13 to 17 on page 38 with the following:
"any cannabis specified by the Minister if
(a) the Minister has reasonable grounds to believe that the suspension is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity; or
(b) any prescribed circumstance exists.''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 3 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 65 by replacing line 22 on page 39 with the following:
"been cancelled;''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 3 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 67 by:
(a) replacing line 31 on page 39 with the following:
"67(1) Subject to the regulations, the Minister may grant or'';
(b) adding after line 33 on page 39 the following:
"(2) The Minister may specify, by name or position, any person — other than a person specified in the regulations
— who must hold a security clearance if the Minister is of the opinion that the person
(a) performs, has performed or is about to perform activities related to a licence or permit that is issued under this Part or that is the subject of an application under this Part; or
(b) has, has had or is about to have custody, management or control of the place where activities related to a licence or permit that is issued under this Part or that is the subject of an application under this Part, are being or will be performed.
(3) If the Minister specifies that a person must hold a security clearance under subsection (2), the Minister must provide the applicant for, or the holder of, the licence or permit related to that person with a notice to that effect in writing.''.
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed that Part 3, entitled "Licences and Permits,'' which contains clauses 61 to 68, carry, as amended, on division.
The chair asked whether Part 4, entitled "General Authorizations,'' which contains clauses 69 to 72 shall carry.
The Honourable Senator Dean moved:
That Bill C-45 be amended in clause 71 by:
(a) replacing lines 23 and 24 on page 41 with the following:
"(2) Unless the regulations provide otherwise, every person who is acting as the agent or mandatary of a per-''; and
(b) adding after line 30 on page 41 the following:
"(3) Unless the regulations provide otherwise, every per- son who is acting under a contract with a person that is authorized under this Act to possess, sell, distribute or produce cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person's authorization.''
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 4 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 72 by:
(a) replacing line 33 on page 41 with the following:
"is prohibited by section 8, 9 or 10 if they do so as'';
(b) replacing line 37 on page 41 with the following:
"(2) Every person who is acting as the agent or man-'';
(c) replacing line 40 on page 41 with the following:
"section 8, 9 or 10 if they do so as part of their role as''; and
(d) adding after line 3 on page 42 the following:
"(3) Every person who is acting under a contract with a person that is authorized under a provincial Act to sell cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by section 8, 9 or 10 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person's authorization.''
The question being put on the motion in amendment, it was adopted, on division.
It was agreed that Part 4, entitled "General Authorizations,'' which contains clauses 69 to 72, carry, as amended, on division.
It was agreed that Part 5, entitled "Ministerial Orders,'' which contains clauses 73 to 80, carry, on division.
It was agreed that Part 6, entitled "Cannabis Tracking System,'' which contains clauses 81 to 83, carry, on division.
It was agreed that Part 7, entitled "Inspections,'' which contains clauses 84 to 86, carry, on division.
It was agreed that Part 8, entitled "Search Warrant,'' which contains clauses 87 to 88, carry, on division.
It was agreed that Part 9, entitled "Dispositions of Seize Things,'' which contains clauses 89 to 90, carry, on division.
It was agreed that Part 9, Division 1, entitled "Non-chemical Offence-related Property,'' which contains clauses 91 to 101, carry, on division.
The chair asked whether Part 9, Division 2, entitled "Cannabis and Chemical Property,'' which contains clauses 102 to 109 shall carry.
The Honourable Senator Seidman moved:
That Bill C-45 be amended, on page 70, by adding the following after line 16:
"109.1 A peace officer, inspector or prescribed person who seizes, finds or otherwise acquires cannabis in the course of the administration or enforcement of this Act or any other Act of Parliament is not obligated to maintain or preserve it.''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Munson, Patterson, Plett, Poirier, Seidman and Stewart Olsen — 6
NAYS
The Honourable Senators Bernard, Dean, Eggleton, P.C., Mégie, Omidvar and Petitclerc — 6
ABSTENTIONS
None
It was agreed that Part 9, Division 2, entitled "Cannabis and Chemical Property,'' which contains clauses 102 to 109, carry, on division.
The chair asked whether Part 10, entitled "Administrative Monetary Penalties,'' which contains clauses 110 to 127 shall carry.
The Honourable Senator Dean moved:
That Bill C-45 be amended in clause 112 by:
(a) replacing, in the French version, line 22 on page 71 with the following:
"c) les efforts raisonnables que l'intéressé a déployés afin d'atténuer''; and
(b) replacing, in the French version, line 26 on page 71 with the following:
"l'intéressé a retirés de la violation commise;''.
The question being put on the motion in amendment, it was adopted, on division.
It was agreed that Part 10, entitled "Administrative Monetary Penalties,'' which contains clauses 110 to 127, carry, as amended, on division.
The chair asked whether Part 11, entitled "General,'' which contains clauses 128 to 151.1 shall carry.
The Honourable Senator Seidman moved:
That Bill C-45 be amended on page 87, by adding the following after line 31:
"139.1 (1) The Minister must, before a regulation is made under subsection 139(1) in respect of any class of cannabis added to Schedule 4 after the day on which this Act receives royal assent, including any class of cannabis added to Schedule 4 on the coming into force of section 193.1, cause the proposed regulation to be laid before each House of Parliament.
(2) Each proposed regulation that is laid before a House of Parliament is, on the day it is laid, to be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House.
(3) A proposed regulation that has been laid pursuant to subsection (1) may be made
(a) on the expiration of 30 sitting days after it was laid; or
(b) if, with respect to each House of Parliament,
(i) the committee reports to the House, or
(ii) the committee decides not to conduct inquiries or public hearings.
139.2 (1) No proposed regulation that has been laid pursuant to section 139.1 need again be laid under that section, whether or not it has been altered.
(2) If a proposed regulation that has been laid pursuant to subsection 139.1(1) is made without including an alteration recommended by a committee of either Houses of Parliament respecting that proposed regulation, the Minister must cause a report explaining why the alteration was not made to be laid before each House of Parliament.
(3) A regulation may be made under subsection 139(1) without it being laid before either House of Parliament if the Minister is of the opinion that the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 139.1 should not be applicable in the circumstances.
(4) A regulation made under subsection 139(1) may be made without it being laid before either House of Parliament if the Minister is of the opinion that the making of the regulation is so urgent that section 139.1 should not be applicable in the circumstances.
(5) If the Minister forms the opinion described in subsection (3) or (4), he or she must cause a report that includes the reasons why he or she formed that opinion to be laid before each House of Parliament.''.
After debate, the question being put on the motion in amendment, that new clauses 139.1 and 139.2 carry, they were adopted on the following vote:
YEAS
The Honourable Senators Eggleton, P.C., Munson, Patterson, Plett, Poirier, Seidman and Stewart Olsen — 7
NAYS
The Honourable Senators Bernard, Dean, Mégie, Omidvar and Petitclerc — 5
ABSTENTIONS
None
At 6:11 p.m., the committee suspended.
At 6:43 p.m., the committee resumed its clause by clause consideration of Bill C-45.
Before the chair asked whether Part 11 shall carry, the Honourable Senator Dean, moved:
That Bill C-45 be amended in clause 140 by:
adding after line 39 on page 87 the following:
"(1.1) For greater certainty, the Minister may, by order, amend or revoke an order made under subsection (1) or suspend its application in whole or in part.'' and
(b) adding after line 3 on page 88 the following:
"(2.1) The Minister may, by order, suspend, in whole or in part, the application of an order made under subsection (2).''
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 11 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 141 by replacing line 4 on page 88 with the following:
"141 An order made under subsection 140(1) or (1.1) is not a''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 11 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 142 by:
(a) replacing, in the French version, line 11 on page 88 with the following:
"taires ou de l'attribution d'approbations, d'autorisa tions ou d'exemp-'' and
(b) replacing, in the French version, line 25 on page 88 with the following:
"procédés réglementaires ou de l'attribution des approbations, des autorisa-''
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 11 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended in clause 145 by replacing lines 7 and 8 on page 89 with the following:
"145 The Minister may, by notice in writing and for a period that he or she specifies, withdraw or withhold a service, the use of a facility, a regulatory process, approval, autho''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 11 shall carry, the Honourable Senator Petitclerc moved:
That Bill C-45 be amended in clause 151.1, on page 91, by replacing lines 4 to 9 with the following:
"force, the Minister must undertake a review of this Act and its administration and operation.
(2) No later than 18 months after the day on which the review begins, the Minister must cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.''.
After debate it was agreed that the motion in amendment be further amended as follows:
That Bill C-45 be amended in clause 151.1, on page 91, by replacing lines 4 to 9 with the following:
"force, the Minister must cause a review of this Act and its administration and operation to be conducted.
(2) No later than 18 months after the day on which the review begins, the Minister must cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.''.
After debate, the question being put on the motion in amendment, as amended, it was adopted.
Before the chair asked whether Part 11 shall carry, the Honourable Senator Petitclerc moved:
That Bill C-45 be amended, on page 91, by adding the following after line 9:
"151.2 (1) Three years after this section comes into force, the Minister of Health must cause a review of the impact of this Act on public health and, in particular, the health and consumption habits of young persons in respect of cannabis use to be conducted.
(2) No later than 18 months after the day on which the review begins, the Minister of Health must cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.''.
After debate, the question being put on the motion in amendment, it was adopted.
Before the chair asked whether Part 11 shall carry, the Honourable Senator Petitclerc moved:
That Bill C-45 be amended, on page 91, by adding the following before the heading "PART 12'':
"151.3 (1) Five years after this section comes into force, a committee of the Senate, of the House of Commons or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.
(2) The committee designated or established for the purpose of subsection (1) must undertake a comprehensive review of the administration and operation of this Act and must, within a reasonable period after the review, cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that Part 11, entitled "General,'' which contains clauses 128 to 151.1, carry, as amended, on division.
The chair asked whether Part 12, entitled "Transitional Provisions and Related, Consequential and Coordinating Amendments,'' which contains clauses 152 to 193 shall carry.
The Honourable Senator Dean moved:
That Bill C-45 be amended in clause 160 by replacing, in the English version, line 17 on page 98 with the following:
"fore the commencement day is deemed to be a permit is-''.
The question being put on the motion in amendment, it was adopted, on division.
Before the chair asked whether Part 12 shall carry, the Honourable Senator Dean moved:
That Bill C-45 be amended by adding after line 2 on page 99 the following:
"160.1 (1) The following definitions apply in this section.
cannabis means fresh marihuana, dried marihuana and cannabis oil, as those terms are defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations, and marihuana plants or seeds, within the meaning of those Regulations. (cannabis)
licensed producer means a licensed producer, as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations, who holds a licence that has not been suspended under section 43 of those Regulations. (producteur autorisé)
provide has the same meaning as in subsection 2(1) of the Controlled Drugs and Substances Act. (fournir)
sell has the same meaning as in subsection 2(1) of the Controlled Drugs and Substances Act. (vente)
(2) During the period that begins on the day on which this section comes into force and that ends on the day on which subsection 204(1) comes into force, a licensed producer may, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act, sell, provide, send or deliver cannabis to a person authorized under subsection (5), transport cannabis for the purpose of selling, providing, sending or delivering it to such a person or offer to perform any of those activities.
(3) A licensed producer may perform an activity under subsection (2) only if the activity is
(a) performed in respect of fresh marihuana, dried marihuana, cannabis oil and marihuana plants or seeds that are cannabis and that are indicated in their licence issued under section 35 of the Access to Cannabis for Medical Purposes Regulations; and
(b) authorized under their licence.
(4) During the period that begins on the day on which this section comes into force and that ends on the day on which subsection 204(1) comes into force, paragraphs 18(1)(b) and 19(1)(b) of the Access to Cannabis for Medical Purposes Regulations do not apply to a licensed producer acting under subsection (2).
(5) During the period that begins on the day on which this section comes into force and that ends on the day on which subsection 204(1) comes into force, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act, a person may, if a province authorizes them to do so and subject to subsection (6), possess, sell, provide, send, deliver or transport cannabis or offer to perform any of those activities.
(6) Subsection (5) applies only if the person meets the following conditions:
(a) they possess or sell only cannabis that has been sold or provided to them by a licensed producer under subsection (2) or by a person authorized under subsection (5) to sell, provide, send, deliver or transport cannabis;
(b) they sell, provide, send or deliver cannabis — or transport it for the purpose of selling, providing, sending or delivering it — only
(i) to a person authorized under subsection (5), or
(ii) for the purpose of testing, to a licensed producer or a licensed dealer, as defined in subsection 2(1) of the Narcotic Control Regulations, who holds a licence in respect of cannabis;
(c) they keep appropriate records respecting their activities in relation to cannabis that they possess for commercial purposes; and
(d) they take adequate measures to reduce the risk of cannabis that they possess for commercial purposes being diverted to an illicit market or activity.
(7) Subsection 8(1) of the Narcotic Control Regulations does not apply to:
(a) a licensed producer acting under subsection (2) in respect of the production, making or assembly of cannabis; or
(b) a licensed producer acting under subsection (2) or a person authorized to sell or provide cannabis under subsection (5) in respect of the sale, provision, transport, sending or delivery of cannabis.
(8) Every employee or agent or mandatary of a person that is authorized to perform or to offer to perform an activity under this section may, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act, perform or offer to perform that activity if they do so as part of their employment duties and functions or their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their employer's or principal's or mandator's authorization, as the case may be.
(9) Every person who is acting under a contract with a person that is authorized to perform or to offer to perform an activity under this section — other than an employee or an agent or mandatary of the authorized person — may, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act, perform or offer to perform that activity if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person's authorization.
(10) For greater certainty, this section does not authorize the retail sale of cannabis.''.
The question being put on the motion in amendment, it was adopted, on division.
It was agreed that Part 12, entitled "Transitional Provisions and Related, Consequential and Coordinating Amendments,'' which contains clauses 152 to 193, carry, as amended, on division.
It was agreed that Part 12.1, entitled "Cannabis Act,'' which contains clause 193.1 carry, on division.
The chair asked whether Part 13, entitled "Controlled Drugs and Substances Act,'' which contains clauses 194 to 206 shall carry.
The Honourable Senator Dean moved:
That Bill C-45 be amended in clause 195.1 by replacing, in the French version, line 16 on page 114 with the following:
"195.1 L'article 4.1 de la même loi est remplacé''.
The question being put on the motion in amendment, it was adopted, on division.
It was agreed that Part 13, entitled "Controlled Drugs and Substances Act,'' which contains clauses 194 to 206, carry, as amended, on division.
It was agreed that Part 14, entitled "Criminal Code,'' which contains clauses 207 to 225 carry, on division.
The chair asked whether Part 15, entitled "Coming Into Force,'' which contains clause 226 shall carry.
The Honourable Senator Dean moved:
That Bill C-45, in Clause 226, be amended by replacing line 21 on page 124 with the following:
"of this Act, except sections 160.1, 161, 188 to 193, 194, 199''
The question being put on the motion in amendment, it was adopted, on division.
At 7:14 p.m., the Honourable Senator Lankin, P.C., replaced the Honourable Senator Dean as a member of the committee; and
The Honourable Senator Gold replaced the Honourable Senator Omidvar as a member of the committee.
Before the chair asked whether Part 12 shall carry, the Honourable Senator Patterson moved:
That Bill C-45 be amended in clause 226, on page 124,
(a) by replacing line 20 with the following:
"226 (1) Subject to subsections (2) and (3), the provisions''; and
(b) by adding the following after line 29:
"(3) No order may be made under subsection (1) unless the Minister has caused to be tabled in both Houses of Parliament a report setting out
(a) a summary of the observations made and concerns expressed at public consultations with Indigenous peoples, including those in relation to
(i) the development of educational materials and programs culturally and linguistically adapted to Indigenous peoples respecting the health risks associated with cannabis use,
(ii) the need for the establishment and funding of mental health and addiction programs, residential treatment and healing centres and treatment centres culturally and linguistically adapted to Indigenous peoples, both in and in proximity to their communities,
(iii) the need for nursing and police services culturally and linguistically adapted to Indigenous peoples,
(iv) the desirability for Indigenous communities to adopt their own measures respecting the legalization of cannabis, and
(v) tax collection and revenue sharing with the Indigenous peoples; and
(b) the measures to be taken respecting the concerns expressed by Indigenous peoples during the public consultations.''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Patterson, Plett, Poirier, Seidman and Stewart Olsen — 5
NAYS
The Honourable Senators Bernard, Eggleton, P.C., Gold, Lankin, P.C., Mégie, Munson and Petitclerc — 7
ABSTENTIONS
None
It was agreed that Part 15, entitled "Coming Into Force,'' which contains clause 226, carry, as amended, on division.
It was agreed that schedule 1 to 6 carry, on division.
It was agreed that clause 1, which contains the short title, carry.
It was agreed that the title carry, on division.
It was agreed that the bill, as amended, carry, on the following vote:
YEAS
The Honourable Senators Bernard, Eggleton, P.C., Gold, Lankin, P.C., Mégie, Munson and Petitclerc-7
NAYS
The Honourable Senators Patterson, Plett, Poirier, Seidman and Stewart Olsen — 5
ABSTENTIONS
None
It was agreed that the Law Clerk and Parliamentary Counsel be authorized to make technical and typographical changes and adjustments to the amendments adopted by the committee.
It was agreed to discuss draft observations in public.
The Honourable Senator Lankin, P.C., proposed a draft observation regarding the creation of an independent task force.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Poirier proposed a draft observation on the minimum age for legal cannabis.
After debate, the draft observation was defeated on a show of hands.
The Honourable Senator Poirier proposed a draft observation on alcohol and drug-testing.
After debate, the draft observation was defeated by a show of hands.
The Honourable Senator Poirier proposed a draft observation on workplace impairment policies.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Poirier proposed a draft observation on law enforcement and illicit production.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Seidman proposed a draft observation on mandatory health warnings.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Seidman proposed a draft observation on the testing of THC levels.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Seidman proposed a draft observation on the regulations for edible products.
It was agreed that the draft observation be appended to the report.
The Honourable Senator Poirier proposed a draft observation on education and prevention.
It was agreed that the draft observation be appended to the report.
The Honourable Senator Seidman proposed a draft observation on imposing a moratorium on reviewing the regulations for branding, marketing and promotion.
After debate, it was agreed that the draft observation be appended to the report, on division.
The Honourable Senator Seidman proposed a draft observation on reducing cannabis users.
After debate, it was agreed that the draft observation be appended to the report, on division.
The Honourable Senator Seidman proposed a draft observation on establishing a national cannabis tracking system.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Patterson proposed a draft observation on outdoor cannabis cultivation.
After debate, the draft observation was defeated on a show of hands.
The Honourable Senator Patterson proposed a draft observation on the participation of indigenous communities in new economic opportunities related to the cannabis industry.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Patterson proposed a draft observation on Canada's duty to consult as outlined in the UN Declaration on the Rights of Indigenous Peoples.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Plett proposed a draft observation on engaging with U.S. federal authorities.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Plett proposed a draft observation on drug control treaties that Canada belongs to.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Plett proposed a draft observation on Canada's responsibilities under the UN Convention on the Rights of the Child.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Plett proposed a draft observation recommending that the Minister report on Canada's compliance to international conventions.
After debate, it was agreed that the draft observations be appended to the report.
The Honourable Senator Plett proposed a draft observation on the potential impact to Canadian travelers to the U.S.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Plett proposed a draft observation on raising awareness for Canadians who may be denied entry to the U.S.
After debate, it was agreed that the draft observation be appended to the report.
The committee discussed other draft observations.
The Honourable Senator Lankin, P.C., proposed a draft observation on THC potency.
After debate, it was agreed that the draft observation be appended to the report.
The Honourable Senator Lankin, P.C., proposed a draft observation on cannabis pricing and taxation and the impact on the illicit market.
After debate, it was agreed that the draft observation be appended to the report.
It was agreed that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the observations being appended to the report, taking into consideration today's discussion and with any necessary editorial, grammatical or translation changes as required.
It was agreed that the chair report the bill, with amendments and with observations, to the Senate.
At 9:44 p.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Clerk of the Committee