All you need to know about C 45
Published Monday, June 4, 2018 2:35PM EDT
Last Updated Monday, June 4, 2018 2:55PM EDT
OTTAWA – The bill to legalize recreational marijuana in Canada is up for a crucial vote at the last step in the legislative process this week, with uncertainty looming over what the final wording of the law will be.
Senators are set to vote on Bill C-45, the Cannabis Act, at third reading in the Senate on Thursday, after studying it for six months. For those planning to follow the vote that day, rest up as it’s possible the vote could not happen until midnight. It could also be much earlier, but entirely depends on how many senators want to speak to the bill that day. Midnight would be the latest possible, as all sides agreed to vote on the bill by June 7 at the latest.
The legislation – an electoral promise of Prime Minister Justin Trudeau and the Liberal Party – would allow adults in Canada to legally possess and use small amounts of recreational marijuana. It sets out parameters around the production, possession, safety standards, distribution, and sale of marijuana. It also creates new Criminal Code offences for selling marijuana to minors. The proposed federal law spells out that it will be illegal for anyone younger than 18 to buy pot, but allows for provinces and territories to set a higher minimum age.
Marijuana legalization in Canada
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LEGISinfo: Bill C-45
Bill C-45 was introduced alongside Bill C-46 which specifically deals with drug-impaired driving. It is still before the Senate and is facing its own winding legislative journey. Read more on that here.
Speaking with CTVNews.ca, Leader of the Independent Senators Group Sen. Yuen Pau Woo classified Bill C-45 as a "stress test" on the increasingly independent Senate.
The Senate has already passed amendments to Bill C-45, which forces the legislation to be sent back to the House of Commons if it passes. There, the government will have to decide if it will accept all the changes made by the Senate. Read more on the specifics of the amendments made, below.
If the House of Commons decides to adopt the changes made by the Upper Chamber, the bill could receive Royal Assent by week's end.
However, if the government doesn't back some of the more than 40 changes, then the bill could be in for a few rounds of legislative ping pong, where it will be passed back and forth a few times between the House and Senate as they haggle over the final wording.
Once the bill passes it is technically law, however the federal government says it will be another eight to 12 weeks before provinces and other stakeholders can be ready for retail sales, allowing for time to adjust any regulations to align with amendments made to the bill.
The provinces, territories, and municipalities have already begun setting up their legalized regimes; employers have been preparing for the question of weed at work; and law enforcement agencies are training for a potential influx in drug-impaired driving. Read more on that here.
Important moments for Bill C-45 and marijuana legalization so far:
Ministers
April 2017 – Bill C-45 was introduced by Justice Minister Jody Wilson-Raybould alongside then-health minister Jane Philott, Public Safety Minister Ralph Goodale, National Revenue Minister Diane Lebouthillier, and parliamentary secretary Bill Blair.
September 2017 – The bill was amended by the House of Commons Health Committee. After marathon testimony that saw more than 100 witnesses come before the committee, MPs from all sides agreed to cut out the height restriction on homegrown marijuana plants, as well as more than 20 other mainly technical changes.
November 2017 – The legislation was passed by the House of Commons by a vote of 200 to 82. From there it was sent to the Senate, where Conservative senators were already discussing potential efforts to delay the bill.
December 2017 – The bill was first debated in the Senate, brought forward by Senate sponsor, Independent Senator Tony Dean. In total, Bill C-45 had 13 days of debate at this stage.
February 2018 – Senators passed a timeline for Bill C-45, spelling out the schedule for the bill at each stage of the legislative process, with the final vote happening on or before June 7. This move pushed back the government's desired timetable for pot to be legal, initially expected for July 2018.
Also in February, the Senate held a special televised hearing to question the government's lead team on the marijuana bill.
Senate chamber
March 2018 – After some concern the second reading vote would be close and result in the extremely uncommon killing of a government bill by the Senate, senators passed the bill on to the committee stage with a vote of 44 to 29.
The bill was then sent to the Senate Social Affairs, Science and Technology Committee, in addition to receiving supplementary scrutiny from four other committees: the Aboriginal Peoples Committee; the Legal and Constitutional Affairs committee; the National Security and Defence Committee; and the Foreign Affairs and International Trade Committee.
May 2018 – The supplementary committee studies were concluded, with senators offering recommendations for changes that include delaying the implementation of a legal recreational regime for up to a year to better consult Indigenous people; and negotiating an agreement on the treatment of travellers at the U.S. border related to marijuana, that would include the kinds of questions that officials can ask.
As well, after 18 meetings the main committee studying Bill C-45, the Senate Social Affairs Committee brought the bill back before the Senate as a whole with 40 amendments.
These changes were mostly technical but one significant alteration to the bill was to allow premiers to ban home-growing marijuana in their province or territory if they so choose.
The Senate adopted the committee's amendments on Bill C-45 and the legislation is now before the Senate as whole at third reading stage.
At third reading senators are able to debate and pass further amendments to the bill, as has already taken place.
In an effort to structure the remaining days of discussion, in late May Government Representative in the Senate Sen. Peter Harder passed a motion to structure debate each day by theme and spell out various procedural rules.
On May 31 senators debated issues relating to marijuana production, and home and agricultural cultivation.
June 2018 – On June 1, while debating issues related to the sale and distribution of marijuana and packaging, senators passed an amendment from Conservative Sen. Judith Seidman.
Her amendment restricts the sale of marijuana merchandise and promotional products that could appeal to youth. The amendment passed by a vote of 34 to 28.
Debate and possible changes to the bill will continue following this thematic schedule up until the scheduled vote:
Monday, June 4 senators are set to tackle international and border issues related to legalization;
Tuesday, June 5 senators will debate and bring any amendments related to criminal penalties related to the new regime; and
Wednesday June 6 senators will discuss public and mental health matters, consumption, as well as impacts from an Indigenous perspective.
Pending any unforeseen circumstances, Bill C-45, the Cannabis Act is set to be voted on, on Thursday June 7. Woo, citing the over 200 hours of testimony heard on Bill C-45, said he hopes most senators show restraint day-of and offer their contribution to the debate during one of the allotted days spelled out above. He said it would be "highly unexpected," procedurally if anything prevented senators from voting.
Even if it's not until late Thursday, senators may have some parliamentary company, as due to an unrelated government decision, the House of Commons is sitting until midnight that night.
While the Conservative contingent in the Senate has already stated it plans to oppose the passage of the bill, it is yet to be seen what the breakdown of support will be among Independent senators, many of whom have expressed concern with the bill, but have given their approval to see it pass through all stages with the intent of improving the legislation. Woo said he is planning to vote in favour of Bill C-45, because the amendments that senators have passed have improved the legislation, but insisted there will be no whipping of other Independents’ votes.
If Bill C-45 passes, given it has been amended, it will go back to the House of Commons, where the aforementioned legislative ping pong could ensue. It is yet to be seen what if any changes the Senate will insist on, but it’s expected that dealing with the bill if it is sent back will be the Senate's top priority.
Late August or early September 2018 – This is the window of time the federal government is anticipating that marijuana will be fully legalized across the country.
