Showing Posts In "Cannabis Issues" Category





Helicopter Operator’s Random Drug Testing Plan Shot Down

An order issued under the Canada Labour Code has struck down a St. John’s helicopter operator’s policy to randomly test pilots and other staff for cannabis. Newfoundland and Labrador arbitrator Susan Ashley determined that drug testing was invasive and said that “protection of these privacy rights in all of the circumstances outweighs the employer’s legitimate […]


Where There’s Smoke: How Employers Can Navigate Employees’ Cannabis Use

The Canadian Cannabis Survey (CCS) has revealed that 5 percent of people surveyed who used cannabis in 2018/2019 reported consuming it at least once a week during work or in the morning before, while 12 percent said they did so at least once a month. With this information in mind, employers are able to navigate […]


The 5 Hottest Human Resources Questions About Cannabis

The holidays bring lots of holiday joy – and some holiday headaches for human resources professionals and employers. And this year’s legalization of recreational cannabis use is fuelling lots of HR questions. The hottest one of the season: do employers that offer alcohol at holiday work parties also have to offer cannabis? Here’s the answer to […]


Legalization of Cannabis: A Guide For Employers

With the legalization of recreational cannabis as of October 17, 2018, Canadian employers must be prepared to understand their rights and responsibilities vis-à-vis their employees. Employers are encouraged to adopt or amend their substance and drug use policies to conform to cannabis legalization. First, employers’ drug policies should clearly stipulate that they apply to cannabis […]


Canada: Zero Tolerance Policies and Medicinal Marijuana

Employers are searching for answers regarding the upcoming legalization of marijuana for recreational use. Although employers have a legal duty to accommodate workers who are addicted to marijuana in the same manner as those addicted to alcohol and other substances, a zero tolerance policy still is permissible for those in safety sensitive positions. The plaintiff […]


If Employees Are Impaired by Cannabis at Work, Can We Terminate Them?

Although employers may have just cause to terminate an employee based on an instance of impairment, employers must consider whether they are discriminating against an individual who has been prescribed medical marijuana for a disability. Considerations include whether the impairment is somehow connected to a disability or if the person is addicted to cannabis, which […]


Does an Employee Have a Duty to Disclose Medical Cannabis Use to an Employer?

Although there is no overarching legal requirement or principle that workers must disclose the use of medical cannabis to their employer, it remains unclear whether workers have a duty to disclose such information under the Occupational Health and Safety Act (OSHA). Requirements likely will be determined by the type of medical marijuana being consumed as […]


Can We Implement Random Cannabis Drug Testing?

Although the courts may permit random testing in dangerous workplaces, doing so is only permitted when such testing is a proportionate response that considers legitimate safety concerns and privacy issues. The courts have not yet ruled that employers can randomly test for marijuana use or other drug and alcohol use. In Irving Pulp & Paper […]


The Legalization of Recreational Marijuana Does Not Translate into a Free-for-All in the Workplace

Although marijuana was legalized for recreational use on October 17, 2018, employees do not have a right to use the drug in the workplace. In fact, employers still have the right to establish policies pertaining to the use and possession of marijuana at work, which is important in safety-sensitive positions. Employers should update existing drug […]


Cannabis Legalization: A Reference Guide for Employers

Cannabis became legal for recreational purposes in Canada on October 17. Quebec employers would be wise to become familiar with applicable laws and regulations concerning cannabis, as well as the main legal restrictions. These include: The sale, production and trafficking of dried cannabis by individuals remains illegal; in certain cities and municipalities, consuming cannabis in […]




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