workplace culture
The More Things Change,
the More They Stay the Same
CLEARING THE AIR AROUND THE EMPLOYMENT LAW
ASPECTS OF LEGALIZED MARIJUANA
By Jason Beeho rawpixel / 123RF Stock Photo
Canada’s legalization of recreational marijuana is here; and
– based on the number of calls received from clients on
this issue in recent weeks – many employers are facing
uncertainty as to how – or even if – they should be react-ing
to this legal development.
On the one hand, some employers are fearful that Canadian
workplaces will soon be awash in “hippie culture.” On the other
hand, other employers enquire about whether marijuana can or
should be on offer – along with alcohol – at company parties and
social events.
All of those are fair questions – particularly in light of some of
the hype and misinformation that has been part of sociological
and political commentary surrounding the upcoming legalization.
The starting points for addressing any such questions are as fol-lows:
1) Although recreational marijuana will no longer be illegal
in Canada, it will be regulated; and 2) Employers are under no
obligation to permit or condone cannabis use in the workplace
context. In fact, Ontario’s Cannabis Act specifically prohibits the
consumption of cannabis – excluding medical marijuana – in
“a public place” and in “a workplace within the meaning of the
Occupational Health and Safety Act.”
In other words, not only can employers prohibit the use of
recreational marijuana in the workplace, they are required to do
so. Employers should – for all intents and purposes – continue
treating recreational marijuana as though it is illegal; and, in that
regard, employees should be clearly advised that, notwithstanding
Unlike alcohol, Ontario’s Cannabis Act prohibits the
consumption of recreational marijuana in “a public place”
HRPROFESSIONALNOW.CA ❚ OCTOBER 2018 ❚ 47
/profile_rawpixel
/HRPROFESSIONALNOW.CA
