Wednesday, May 30, 2018

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

TWENTY-FIFTH REPORT

Your committee, to which was referred Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, has, in obedience to the order of reference of March 22, 2018, examined the said bill and now reports the same with the following amendments:

1.  Clause 2, pages 2 and 5:

(a) On page 2,

(i) replace lines 13 to 15 with the following:

“sented to be used in the consumption of cannabis; or”, and

(ii) replace lines 17 and 18 with the following:

“represented to be used in the consumption of cannabis. (accessoire)”; and

(b) on page 5, replace lines 28 to 30 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”.

2. New clause 5.1, page 6: Add 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.”.

3. New clause 5.2, page 6: Add the following before the heading “Her Majesty”:

“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.”.

4. Clause 9, page 10: Add 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.”.

5.  Clause 11, page 12: Replace line 28 with the following:

“more than $300,000.”.

6. Clause 12, page 13: Replace line 17 in the French version, with the following:

“nabis provenant d’une graine ou d’une matière végétale qu’il”.

7. New clause 15.1, page 16: Add 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.”.

8. Clause 33, page 24: Replace 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.”.

9. Clause 43, page 26: Replace line 27 in the French version, with the following:

“notamment celle visée à l’alinéa 16d), au sujet de l’acces-”.

10. Clause 51, pages 30 and 31:

(a) On page 30:

(i) add the following after line 28:

“(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);”,

(ii)  replace line 30 with the following:

“within the period referred to in paragraph (d) or (d.1),”,

(iii)  replace lines 31 to 34 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

(iv) replace line 37 with the following:

“(iii) if cannabis has been seized in relation to the of-”; and

(b) on page 31, replace line 5 with the following:

“referred to in paragraph (d) or (d.1)”.

11. Clause 52, page 31:

(a) Replace line 23 with the following:

“cused within the period referred to in paragraph 51(3)(d) or (d.1) constitutes a”;

(b) replace lines 26 and 27 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;”; and

(c) replace lines 29 and 30 with the following:

“offence must not be used for any purpose”.

12. Clause 53, page 32: Replace lines 9 and 10 with the following:

“offence must not be used for any purpose that”.

13. Clause 54, page 32:

(a) Replace line 14 with the following:

“the ticket within the period referred to in paragraph 51(3)(d) or (d.1), the ac-”;

(b) replace line 22 with the following:

“(d) the accused has 60 days after the day of the convic-”; and

(c) replace lines 32 and 33 with the following:

“accused in relation to the offence must not be”.

14. New clause 55.1, page 32: Add the following after line 40:

“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.”.

15. Clause 58, page 33:

(a) Add the following after line 18:

“(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 re- ferred to in paragraph (b);”;

(b) replace line 20 with the following:

“within the period referred to in paragraph (b) or (b.1),”;

(c) replace lines 21 to 24 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”;

(d) replace line 27 with the following:

“(iii) if cannabis has been seized in relation to the of-”; and

(e) replace line 31 with the following:

“ferred to in paragraph (b) or (b.1), the accused must appear in”.

16. Clause 62, page 37: Replace lines 26 and 27 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-”.

17. Clause 64, page 38: Replace lines 13 to 17 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.”.

18. Clause 65, page 39: Replace line 22 with the following:

“been cancelled;”.

19. Clause 67, page 39:

(a) Replace line 31 with the following:

“67(1) Subject to the regulations, the Minister may grant or”; and

(b) add the following after line 33:

“(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.”.

20. Clause 71, page 41:

(a) Replace lines 23 and 24 with the following:

“(2) Unless the regulations provide otherwise, every person who is acting as the agent or mandatary of a per-”; and

(b) add the following after line 30:

“(3) Unless the regulations provide otherwise, every person 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 any- thing 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.”.

21. Clause 72, pages 41 and 42:

(a) On page 41:

(i) replace line 33 with the following:

“is prohibited by section 8, 9 or 10 if they do so as”,

(ii) replace line 37 with the following:

“(2) Every person who is acting as the agent or man”, and

(iii)  replace line 40 with the following:

“section 8, 9 or 10 if they do so as part of their role as”; and

(b) on page 42, add the following after line 3:

“(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.”.

22. Clause 112, page 71:

(a) Replace line 22 in the French version, with the following:

“c) les efforts raisonnables que l’intéressé a déployés afin d’atténuer”; and

(b) replace line 26 in the French version, with the following:

“l’intéressé a retirés de la violation commise;”.

23. New clauses 139.1 and 139.2, page 87: Add 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 House 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.”.

24. Clause 140, pages 87 and 88:

(a) On page 87: add the following after line 39:

“(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) on page 88, add the following after line 3:

“(2.1) The Minister may, by order, suspend, in whole or in part, the application of an order made under subsection (2).”.

25. Clause 141, page 88: Replace line 4 with the following:

“141 An order made under subsection 140(1) or (1.1) is not a”.

26. Clause 142, page 88:

(a) Replace line 11 in the French version with the following:

“taires ou de l’attribution d’approbations, d’autorisations ou d’exemp-”; and

(b) replace line 25 in the French version with the following:

“procédés réglementaires ou de l’attribution des approbations, des autorisa-”.

27.  Clause 145, page 89: Replace lines 7 and 8 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-”.

28. Clause 151.1, page 91: Replace lines 6 to 9 with the following:

“(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.”.

29. New clause 151.2, page 91: Add 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.”.

30. New clause 151.3, page 91: Add 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.”.

31. Clause 160, page 98: Replace line 17 in the English version with the following:

“fore the commencement day is deemed to be a permit is-”.

32. New clause 160.1, page 99: Add the following after line 2:

“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.”.

33. Clause 195. 1, page 114: Replace line 16 in the French version with the following:

“195.1 L’article 4.1 de la même loi est remplacé”.

34. Clause 226, page 124: Replace line 21 with the following:

“of this Act, except sections 160.1, 161, 188 to 193, 194, 199”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

................Page Break................

OBSERVATIONS
to the 25^th Report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill C-45)

1.  Your committee notes that the administration and operation of this Act is a complex public policy undertaking that will impact all levels of government across all regions of Canada. Witnesses that appeared before your committee expressed concerns about the uncertainty generated by a legislative undertaking of this size. Your committee observes that the uncertainty of this undertaking is compounded by evolving understandings of cannabis, its impact on youth, public health, the economy and law enforcement. Given the evolving nature of this undertaking, your committee recommends that the Minister establish an independent task force to monitor and evaluate the implementation of this Act, and to provide public reports on the implementation and outcomes of this undertaking in accordance with the principles of this legislation.

2.  Your committee heard evidence that employers should have workplace impairment policies in place, and be clear in their expectations for employees with respect to cannabis possession, use, and impairment in the workplace. Your committee urges the federal government to work with provinces and territories to facilitate the development of workplace impairment policies.

3.  Your committee heard evidence that cannabis legalization and regulation will not eliminate the illicit market for cannabis. Your committee is concerned that the illicit market is likely to focus its activities after legalization on sales to youth who are excluded from purchasing legal cannabis. Your committee urges the federal government to ensure that law enforcement be provided with the appropriate tools and resources to address concerns about continued illicit production, diversion, and sale of cannabis to youth.

4.  Your committee highlights the importance of finding an adequate price for cannabis products. The evidence suggests that lower prices could incite Canadians to consume more cannabis, while higher prices would make it harder for legal cannabis products to compete with the illicit market. Your committee recommends that the prices set for cannabis products and the applicable taxes reflect the dual objective of minimizing the health dangers of cannabis consumption and undercutting the illicit market of cannabis.

5.  Your committee heard evidence from public health experts that there is limited public understanding that smoking cannabis is harmful. Your committee urges the Minister of Health to require mandatory health warnings for cannabis products, including warnings about the danger of smoking cannabis, the danger of exposure to second-hand cannabis smoke, and the risks of combining cannabis and tobacco.

6.  Your committee heard evidence that measures of tetrahydrocannabinol (THC) content on product packaging is frequently inaccurate. Your committee urges that testing procedures for THC content be standardized to ensure accurate measurement to better protect consumer health and safety.

7.  The Standing Senate Committee on Legal and Constitutional Affairs reported that many witnesses, including the Quebec Association of Psychiatrists, recommended that THC levels be clearly indicated on labels affixed on cannabis products and its derivatives in order to protect the population, especially youth and people with mental illness. Your committee supports this recommendation and expects the forthcoming regulations on THC levels in cannabis products to reflect a careful, science-based approach. Your committee recommends that the Senate review the regulation of THC levels in cannabis products and expects the Minister to report to the Senate after the regulations are adopted.

8.  Your committee heard evidence that the risk perception of edible cannabis products among youth is lower than other forms of cannabis. Your committee also heard evidence from jurisdictions where cannabis is legal about increased numbers of cannabis poisonings among young children who accidentally ingested edible products. Your committee urges the federal government to ensure that forthcoming regulations for edible products and other forms of cannabis should ensure that product packaging is child-resistant and does not appeal to young people, and that the type of available products should be strictly limited.

9.  Your committee heard evidence that Canadians, especially young Canadians, are not knowledgeable about the health effects of cannabis use. Your committee urges the federal government to provide adequate and ongoing funding for sustained, evidence-based cannabis education and prevention programs to provide Canadians, especially young Canadians, with knowledge about the health risks of cannabis use.

10.  In order to mitigate the effects of cannabis on individuals under 25 years of age, your committee recommends that the federal government fund on-going research initiatives on the impacts of cannabis use on the developing brain; and that the federal government commit to on-going educational initiatives to ensure youth are informed on the effects of cannabis use.

11.  Your committee heard evidence that no further loosening of the proposed regulations on branding, marketing, and promotion of cannabis should be permitted until the societal impact on youth can be measured. Your committee urges the federal government to impose a moratorium on loosening the regulations on the branding, marketing, and promotion of cannabis for 10 years.

12.  Your committee heard evidence about the health harms of cannabis use. Furthermore, witnesses stated that legalization, combined with commercialization of the cannabis industry, may result in normalization of cannabis use. Your committee recommends that the Minister of Health act immediately to set aggressive targets, comparable to the successful Federal Tobacco Control Strategy, to reduce the number of youth and adult cannabis users.

13.  Your committee heard evidence that other jurisdictions have implemented a seed-to-sale tracking system to help maintain the integrity of the legal cannabis supply. The proposed Cannabis Act would authorize the Minister of Health to establish and maintain a national Cannabis Tracking System, to track cannabis throughout the supply chain. Your committee urges the federal government to ensure that the Cannabis Tracking System be operational upon the coming-into-force of the Cannabis Act.

14.  Your committee notes the evidence presented to the Standing Senate Committee on Aboriginal Peoples about the desire of Indigenous communities to fully participate in the economic opportunities that the legalization of cannabis provides. Your committee supports the recommendation of the Standing Senate Committee on Aboriginal Peoples that the Minister of Health encourage a diverse, competitive cannabis market, and to ensure that Indigenous peoples are in a competitive position to generate own source revenues and employment opportunities in this new industry.

15.  Your committee notes the evidence presented to the Standing Senate Committee on Aboriginal Peoples in the context of Bill C-45 and Canada’s international obligations with respect to Canada’s duties as outlined in the United Nations Declaration on the Rights of Indigenous Peoples, specifically Article 19 regarding the duty to consult. In particular, your committee notes the recommendation of the Standing Senate Committee on Aboriginal Peoples to ensure that consultation efforts include:

(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.

16. Your committee heard from witnesses and the Standing Senate Committee on Foreign Affairs and International Trade that the United States federal law continues to prohibit the possession, sale, consumption and distribution of non-medical cannabis, and, as such, Canadians may be barred from entering the United States. Your committee supports the recommendation of the Standing Senate Committee on Foreign Affairs and International Trade that the Government of Canada engage with the relevant U.S. federal authorities in order to develop a common understanding among Canadians and Americans of the changes in Canadian domestic policy, of the consequences of these changes, and of the different approaches undertaken by the two states regarding the legalization of cannabis.

17. Your committee heard evidence from the Standing Senate Committee on Foreign Affairs and International Trade that Bill C-45 contravenes the 1961 Single Convention, the 1971 Convention on Psychotropic Substances, and the 1988 Anti-Trafficking Convention and that the Government of Canada needs to address Canada’s contravention of these three international drug control treaties. Your committee supports the recommendation of the Standing Senate Committee on Foreign Affairs and International Trade that the Government of Canada take such action that mitigates Canada’s violation of the three drug control treaties. The action to be taken should be communicated in a clear and transparent manner to Canadians, the Parliament of Canada and the international community.

18. Your committee heard evidence presented to the Standing Senate Committee on Foreign Affairs and International Trade that the United Nations Convention on the Rights of the Child includes in Article 2 the obligation of states to “take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment …” The committee concurs with the observation of the Standing Senate Committee on Foreign Affairs and International Trade that the Government of Canada should examine Part 1, Division 1, of Clause 8 of Bill C-45 by which Canadian youth are criminalized for behaviour that is legal for adults.

19. Your committee supports the recommendation of the Standing Senate Committee on Foreign Affairs and International Trade that the Minister of Foreign Affairs report to the Standing Senate Committee on Foreign Affairs and International Trade the actions that the Government of Canada has undertaken regarding Canada’s compliance with the international conventions impacted by Bill C-45.

20. Your committee heard evidence presented to the Standing Senate Committee on National Security and Defence that Canadians could face delays and legal proceedings at the United States border, and/or inadmissibility to the United States for life for a cannabis-related offence, or for simply admitting previous cannabis use to United States customs and border protection officers. To protect Canadian travellers, your committee urges the federal government to have formal discussions with the United States government to clarify their position. Your committee supports the recommendation of the Standing Senate Committee on National Security and Defence to continue this dialogue with the United States government, and calls on the federal government to present a plan in Parliament which will clearly and firmly communicate Canada’s position so as to minimize the impact on Bill C-45 on Canadian travellers.

21. Your committee supports the recommendation of the Standing Senate Committee on National Security and Defence that the federal government increase the scope of its awareness campaign to make it clear to Canadians that they may be denied entry to the United States if they admit to past cannabis use, including a campaign targeting youth, and a campaign focused on those who hold or apply for trusted traveler programs such as NEXUS and FAST.