Legalization and Regulation of Cannabis and its Impact on the Workplace

A1 Impairment in the workplace is not a new issue and is not only limited to the use of cannabis. Impairment continues to be strictly prohibited in all federal workplaces, including impairment as a result of alcohol, opioids, cannabis, cannabis edibles, or any other legal or illegal drugs. Smoking and vaping, including smoking and vaping cannabis, are prohibited in all federal workplaces. Employees are encouraged to familiarize themselves with provincial and municipal regulations that may create further restrictions on the use of cannabis in public venues that may surround their respective workplaces.

A2. As per the Canada Labour Code, the workplace is any place, where an employee is engaged in work for the employee’s employer, including but not limited to a client’s premises and while on travel status.

A3. While not formally defined, the Canadian Human Rights Commission describes the appearance of impairment at work as: "e.g. odor [sic] of alcohol or drugs, glassy or red eyes, unsteady gait, slurring, poor coordination."^{Footnote 1} Impairment is also commonly referred to an altered state of physical and/or mental functioning.

A4. The possession of legal quantities of cannabis and related accessories is determined by the Cannabis Act and any other applicable laws and bylaws. Accessories used in the consumption of cannabis include rolling papers or wraps, holders, pipes, water pipes, bongs and vaporizers, etc. In addition, managers and employees will continue to be guided by the Values and Ethics Code for the Public Sector when determining what is appropriate in the workplace. It is important to note that the Public Sector value of “Excellence”, in the ESDC Code of Conduct, sets the expectation that: “Your appearance at work might not affect the quality of your service, but it can affect how clients respond to you or the Department. Your appearance should reflect the professional image of the Department and be appropriate for the job that you do.”

Of note, employees also have an obligation to safeguard any type of medication and related equipment.

A5. Once the Cannabis Act comes into force, an employee will be allowed to consume cannabis for recreational purposes on their own time in accordance with provincial and municipal laws and regulations.

It is however important to note that being allowed to consume cannabis does not translate to being permitted to be impaired in the workplace.

Existing laws and regulations restricting smoking and vaping will apply. The Non-Smokers’ Health Act regulates and prohibits smoking in federally regulated work spaces and this includes the smoking and vaping of cannabis.

A6. Employees are strongly encouraged to advise their managers if they believe that their use of medically-certified cannabis could impact their current work/job tasks (i.e. that it could lead to a potential functional limitation). Employees should also be aware that they cannot be impaired during work hours, even if the product is used to treat a disability.

A7. The legalization and regulation of cannabis does not mean that impairment in the workplace will be tolerated.

Also, although cannabis is legal, there are legal limitations and thresholds identified which must be clearly understood and adhered to.

Impairment in the workplace, as a result of recreational use, will be treated on a case by case basis and could be subject to discipline, up to and including a termination of employment and/or revision of the security clearance.

A8. When we talk about scents, we usually mean the smell or odour from cosmetics (e.g. perfume, make-up, shampoo, deodorant, etc.) or from other products such as air fresheners, cleaners, etc. The same can be true for smells originating from tobacco, cannabis or derived products. If and when complaints are received, they will be treated on a case by case basis by managers and human resources, as appropriate. Consult the iService section on Understanding Environmental Sensitivities for additional information on this topic.

A9. When travelling for work within Canada, you must ensure to follow all local, provincial or federal laws, and maintain professional behaviour in accordance with the ESDC Code of Conduct. Cannabis is not a legal substance in most overseas locations and could result in serious legal ramifications.

The legalization of cannabis in Canada did not change Canada's border rules. Taking cannabis or any product containing cannabis across Canada's international borders is illegal and can result in serious criminal penalties both at home and abroad.

The consequences and challenges of those ramifications, should they be imposed, could result in you being unable to carry out your work related duties and responsibilities and may ultimately result in a review of your security clearance.

A10. You should speak with your manager/supervisor.

A11. Contact the Employee Assistance Program (EAP), or speak with a peer colleague through the Peer Support Program. Also, the EAP released a Newsletter, Volume 24.3 Cannabis (DOCX, 21 KB), with information and additional resources. 

A1. In general, it depends on the nature of the work the employee is doing and whether using cannabis may create additional hazards in the workplace. Regardless of whether the employee uses cannabis for medical reasons, an employee cannot be impaired during work hours. Managers are encouraged to discuss functional limitations with employees and to work collaboratively on solutions, including flexible hours, different job tasks and/or a different position.

Managers are encouraged to communicate with the Human Resources Service Centre for further guidance.

A2. If an employee has disclosed that they have developed an addiction to cannabis, the manager and the employee should discuss current functional limitations and types of accommodation measures that can be implemented (i.e. leave for counselling and medical appointments, leave for rehabilitative therapy, modified job duties, and work schedules, etc.).

The Office of Informal Conflict Management has tools and resources to assist managers and employees in having a collaborative dialogue. Managers can also communicate with the Human Resources Service Centre.