Bill C-45: What This Legislation Means for Employers

Employers will still have the right to set rules for non-medical use of marijuana in the workplace in much the same way that employers currently set rules for use of alcohol.

Employers may still prohibit the use of marijuana at work or during working hours and may also prohibit employees from attending work while impaired, subject to human rights considerations.

Workplace rules regarding non-medical use of marijuana may be enforced through the application of the employer’s drug & alcohol policy.

Medical Marijuana – Practical Tips for Employers

1. Check that the employee has been securing medical marijuana from an approved vendor by Health Canada.
2. Have the treating physician sign a declaration that all conventional therapies were ineffective.
3. Determine if the medical condition supports medical marijuana.

Addressing Marijuana in the Workplace

Drug and Alcohol Policy

• Ensure the policy addresses workplace impairment from prescription, over-the-counter, illegal and legal drugs
• Ensure the policy is effectively implemented (provide training to employees)
• Ensure employees have knowledge of consequences for failing to comply
• Ensure employees are trained to know the signs of marijuana impairment (Cognitive, physiological, and distinct smells)