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The Cannabis Harm Prevention Act (Various Acts Amended)

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2017, c. 22

Bill 25, 2 nd Session, 41st Legislature

The Cannabis Harm Prevention Act (Various Acts Amended)

Explanatory Note

This note is a reader's aid and is not part of the law.

The federal government has introduced legislation to legalize the non-medical use of cannabis (marijuana). This Act amends several Acts to address health or safety concerns that will arise when cannabis consumption is no longer illegal, and it closes any legislative gaps that might be created when cannabis is no longer considered to be an illegal drug.

The Child Sexual Exploitation and Human Trafficking Act

Cannabis is expressly stated to be a controlled substance under this Act. This ensures that the Act continues to apply to persons who supply cannabis in exchange for sexual conduct with a child or in order to compel victims of human trafficking to engage in specified activities.

The Drivers and Vehicles Act

This Act is amended to require the registrar of motor vehicles to make a determination whether to suspend the licence of a novice driver or a person with a class or subclass of driver's licence prescribed in the regulations if the person receives a 24-hour roadside suspension under the new addition to The Highway Traffic Act for being under the influence of a drug.

The Highway Traffic Act

This Act is amended to

  • create restrictions on the transportation of cannabis in motorized vehicles;
  • prohibit the consumption of cannabis in motorized vehicles on a highway;
  • create a 24-hour roadside suspension when an officer believes on reasonable grounds that as a result of being under the influence of a drug, a person is unable to safely operate a motor vehicle, vessel, aircraft or railway equipment; and
  • mirror the obligation on the registrar of motor vehicles added to The Drivers and Vehicles Act under similar provisions of The Highway Traffic Act.

The Mental Health Act

Cannabis is expressly listed as an intoxicant under this Act. A prohibition on providing intoxicants to residents in a mental health facility still applies to cannabis when it is legalized.

The Non-Smokers Health Protection Act

This Act is amended to prohibit people from smoking cannabis in enclosed public places, including through the use of e-cigarettes.

The Off-Road Vehicles Act

This Act is amended to create similar transportation and consumption prohibitions for off-road vehicles as those added for vehicles under The Highway Traffic Act.

The Public Schools Act

Every school must have a student code of conduct. The code must include a statement that students must not possess alcohol or illicit drugs at school. Since cannabis will not be considered an illicit drug when it is legalized, the Act is amended to specifically add cannabis to the list of prohibited products.

(Assented to June 2, 2017)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE CHILD SEXUAL EXPLOITATION AND HUMAN TRAFFICKING ACT

C.C.S.M. c. C94 amended

1           The Child Sexual Exploitation and Human Trafficking Act is amended by this Part.

2           The definition "controlled substance" in subsection 1(1) is amended by renumbering clause (a) as clause (a.1) and adding the following before clause (a.1):

(a) cannabis (marijuana);

PART 2

THE DRIVERS AND VEHICLES ACT

C.C.S.M. c. D104 amended

3           The Drivers and Vehicles Act is amended by this Part.

4(1)        The definition "first suspension and disqualification" in subsection 22(1) is replaced with the following:

"first suspension and disqualification" means a suspension and disqualification that

(a) is issued under

(i) section 263.1 of The Highway Traffic Act,

(ii) section 263.2 of The Highway Traffic Act, or

(iii) subsection 265(5) of The Highway Traffic Act, but only if it arose from a request under subsection 265(2) of that Act; and

(b) is a person's first suspension and disqualification in a 10-year period under any of the provisions set out in clause (a). (« première suspension et première interdiction »)

4(2)        Clause 22(2)(b) is replaced with the following:

(b) under subsection 265(5) of that Act if the suspension and disqualification arose from a request under subsection 265(2) of that Act.

5           The following is added after subsection 90(1):

Registrar required to make determination

90(1.1)     If

(a) the driver's licence of a novice driver; or

(b) a driver's licence of a class or subclass prescribed in the regulations;

is suspended under subsection 265(5) of The Highway Traffic Act as a result of a request under subsection 265(2.1) of that Act, the registrar must determine whether to exercise the registrar's power under subsection (1).

6           The following is added after section 94:

REGULATIONS

Regulations

94.1        The Lieutenant Governor in Council may make regulations prescribing one or more classes or subclasses of driver's licence for the purpose of clause 90(1.1)(b).

PART 3

THE HIGHWAY TRAFFIC ACT

C.C.S.M. c. H60 amended

7           The Highway Traffic Act is amended by this Part.

8           Subsection 1(1) is amended by adding the following definition:

"cannabis" means a substance set out in item 1 of Schedule II of the Controlled Drugs and Substances Act (Canada); (« cannabis »)

9           The following is added after section 213:

Transporting cannabis in or on vehicles

213.1(1)    No person shall drive or have the care and control of a vehicle on a highway if there is cannabis in or on the vehicle, whether or not the vehicle is in motion.

Exceptions

213.1(2)    Subsection (1) does not apply if

(a) the vehicle is a motor vehicle — other than a motor vehicle used for the transportation of persons for compensation — and

(i) the cannabis is stored in the trunk, an exterior compartment on the vehicle or another space designed for the carriage of goods or baggage that is not readily accessible to any person in the motor vehicle,

(ii) if the motor vehicle is a station wagon, van, sport utility vehicle, crossover or hatchback style of vehicle, the cannabis is stored behind the rear of the last seat in the vehicle, whether or not that seat is in an upright position, or

(iii) if the motor vehicle is a motor home, the cannabis is stored in a cabinet or other storage compartment away from the driver's area;

(b) the vehicle is a motor vehicle used for the transportation of persons for compensation and the cannabis is in the possession of a passenger and carried on the passenger's person or in the passenger's personal effects;

(c) the vehicle is an off-road vehicle and the cannabis is transported in compliance with section 31.2 of The Off-Road Vehicles Act;

(d) the vehicle is a power-assisted bicycle; or

(e) the vehicle is driven by or is under the care and control of a person of a class prescribed by the regulations and the cannabis is stored and transported in accordance with the conditions set out in the regulations.

Consuming cannabis in vehicles

213.2       No person shall inhale, ingest or otherwise consume cannabis in or on a motor vehicle, farm tractor, implement of husbandry or special mobile machine on a highway.

10          Subsection 236(2) is amended by adding the following after clause (c):

(d) sections 213.1 and 213.2, unless the applicable vehicle is a motor home that, at the relevant time, is being occupied and used as a private dwelling;

11          Clause 241(1)(l) is amended by adding "213.1, 213.2," after "213,".

12          Section 252 is amended by adding ", 213.1, 213.2" after "section 213".

13(1)       The following is added after subsection 265(2):

Under the influence of a drug: request to surrender licence

265(2.1)    When, in relation to a person's operation or care and control of a motor vehicle, a vessel, an aircraft or railway equipment, a peace officer believes on reasonable grounds that, as a result of being under the influence of a drug, the person is unable to safely operate the motor vehicle, vessel, aircraft or railway equipment, the peace officer may request the person to surrender his or her driver's licence.

13(2)       Subsection 265(3) is amended by adding "or (2.1)" after "subsection (2)".

13(3)       Subsection 265(5) is amended, in the part before clause (a), by adding "or (2.1)" at the end.

13(4)       Subsection 265(6) is amended

(a) by adding the following after clause (a):

(a.1) if the suspension or disqualification arose from a request made under subsection (2.1), set out the particulars of the officer's reasons to believe that, as a result of being under the influence of a drug, the person was unable to safely operate the motor vehicle, vessel, aircraft or railway equipment;

(b) by striking out "and" at the end of clause (d) and adding the following after clause (d):

(d.1) give the registrar a copy of any particulars set out under clause (a.1); and

13(5)       Subsection 265(8) is amended by adding ", unless" at the end and adding the following as clauses (a) and (b):

(a) the suspension or disqualification arose from a request under subsection (2.1); and

(b) the person suspended or disqualified

(i) is not a novice driver, and

(ii) does not hold a driver's licence of a class or subclass prescribed in the regulations.

14          The following is added after subsection 273(1):

Registrar required to make determination

273(1.1)    If

(a) the driver's licence of a novice driver; or

(b) a driver's licence of a class or subclass prescribed in the regulations;

is suspended under subsection 265(5) as a result of a request under subsection 265(2.1), the registrar must determine whether to exercise the registrar's power under subsection (1).

15          Subsection 319(1) is amended

(a) by adding the following as clause (sss):

(sss) prescribing classes of persons and setting out conditions for the storage and transportation of cannabis in or on a vehicle for the purpose of clause 213.1(2)(e);

(b) by adding the following after clause (eeee):

(eeee.0.1) prescribing one or more classes or subclasses of driver's licence for the purposes of subclause 265(8)(b)(ii) and clause 273(1.1)(b);

PART 4

THE MENTAL HEALTH ACT

C.C.S.M. c. M110 amended

16          The Mental Health Act is amended by this Part.

17          Subsection 119(2) is amended by adding ", cannabis (marijuana)" after "The Liquor and Gaming Control Act".

PART 5

THE NON-SMOKERS HEALTH PROTECTION ACT

C.C.S.M. c. N92 amended

18          The Non-Smokers Health Protection Act is amended by this Part.

19          Subsection 1(1) is amended

(a) in the definition "smoking", by adding "or cannabis" after "tobacco" wherever it occurs; and

(b) by adding the following definition:

"cannabis" means a substance set out in item 1 of Schedule II to the Controlled Drugs and Substances Act (Canada); (« cannabis »)

20          Subsection 3(1) is amended in the part before clause (a), by striking out "An in-patient" and substituting "Except when prohibited by regulation, an in-patient".

21          Section 4 is amended in the part before clause (a) by adding "tobacco" after "may smoke".

22          Subsection 6(1) of the French version is amended by striking out "limiter ou interdire l'usage du tabac dans tout endroit public fermé de la municipalité" and substituting "interdire à quiconque de fumer dans tout endroit public fermé de la municipalité ou limiter cette activité".

23          The following is added after clause 9(1)(a.3):

(a.4) prohibiting the smoking of a specified product in one or more classes of group living facilities;

CONDITIONAL AMENDMENTS

Conditional amendment, S.M. 2014, c. 18 — unproclaimed Act comes into force before this Part

24          If The Non-Smokers Health Protection Amendment Act (Prohibitions on Flavoured Tobacco and Other Amendments), S.M. 2014, c. 18, comes into force before this Part comes into force, then clause 19(a) of this Part is replaced with the following:

(a) in the definition "smoking", by adding "or cannabis" after "tobacco product" wherever it occurs; and

Conditional amendments, S.M. 2015, c. 36 — unproclaimed Act comes into force before this Part

25(1)       This section applies if The Non-Smokers Health Protection Amendment Act (E-Cigarettes), S.M. 2015, c. 36, comes into force before this Part comes into force.

25(2)       Section 18 of this Part is replaced with the following:

C.C.S.M. c. N92 amended

18          The Non-Smokers Health Protection and Vapour Products Act is amended by this Part.

25(3)       Section 19 of this Part is amended by adding the following after clause (b):

(c) by replacing the definition "e-substance" with the following:

"e-substance" means a solid, liquid or gas that, on being heated, produces a vapour for use in an e-cigarette; (« substance servant à vapoter »)

25(4)       Section 20 of this Part is amended by striking out "Subsection 3(1) is amended" and substituting "Subsection 3(3) is amended".

25(5)       Section 23 of this Part is replaced with the following:

23          The following is added after clause 9(1)(a.3):

(a.4) prohibiting the smoking or use in an e-cigarette of a specified product in one or more classes of group living facilities;

Conditional amendments, S.M. 2015, c. 36 — unproclaimed Act comes into force after this Part

26(1)       This section applies if The Non-Smokers Health Protection Amendment Act (E-Cigarettes), S.M. 2015, c. 36, comes into force after this Part comes into force.

26(2)       Section 3 of that Act is amended by replacing the definition "e-substance" with the following:

"e-substance" means a solid, liquid or gas that, on being heated, produces a vapour for use in an e-cigarette; (« substance servant à vapoter »)

26(3)       Section 5 of that Act is amended insofar as it enacts subsection 3(3), by striking out "An in-patient" and substituting "Except when prohibited by regulation, an in-patient".

26(4)       Subsection 15(1) of that Act is amended by adding the following after clause (a):

(a.1) by replacing clause (a.4) with the following:

(a.4) prohibiting the smoking or use in an e-cigarette of a specified product in one or more classes of group living facilities;

PART 6

THE OFF-ROAD VEHICLES ACT

C.C.S.M. c. O31 amended

27          The Off-Road Vehicles Act is amended by this Part.

28          Subsection 1(1) is amended by adding the following definition:

"cannabis" means a substance set out in item 1 of Schedule II of the Controlled Drugs and Substances Act (Canada); (« cannabis »)

29          The following is added after section 31.1:

Transporting cannabis in or on off-road vehicles

31.2        No person shall operate an off-road vehicle if there is cannabis in or on the vehicle, unless the cannabis is stored in an exterior compartment on the vehicle or another space designed for the carriage of goods or baggage that is not readily accessible to any person in or on the vehicle.

Consumption of cannabis in or on off-road vehicles

31.3        No person shall inhale, ingest or otherwise consume cannabis in or on an off-road vehicle, whether or not the vehicle is in motion.

PART 7

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250 amended

30          The Public Schools Act is amended by this Part.

31          Subclause 47.1(2)(b)(iii) is amended by striking out "alcohol or illicit drugs" and substituting "alcohol, cannabis (marijuana) or illicit drugs".

PART 8

COMING INTO FORCE

Conditional amendment

32          When section 2 of Bill C-45 of the First Session of the Forty-second Parliament of Canada comes into force, the definition "cannabis" in The Highway Traffic Act, The Non-Smokers Health Protection Act and The Off-Road Vehicles Act is replaced with the following:

"cannabis" means cannabis as defined in the Cannabis Act (Canada); (« cannabis »)

Coming into force — royal assent

33(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

33(2)       Parts 2, 3, 5 and 6 of this Act come into force on a day to be fixed by proclamation.