Jan 22nd, 2020
Jun 20th, 2018
By Nathalie Proulx
Presently authorized in Canada for medical purposes exclusively, the use of marijuana will soon be permitted for recreational purposes, probably by fall 2018. At the dawn of this important change in the Canadian legislative landscape, have you thought of what it means for you as an employer and what measures you should take in order to be ready?
As an employer, you have the legal obligation to take measures to protect the health and security of your employees in the workplace, while respecting their right to privacy. You also have the duty to accommodate your employees unless this obligation causes excessive constraint. As for your employees, they have the obligation to look after their health and security in the workplace, as well as the health and security of others. They also have to provide their work performance with diligence, caution, loyalty and honesty.
These obligations remain, but they must be adapted to this new reality. To do so, a well-written workplace policy that is understood by your employees is the best tool to position yourself in light of these changes, and to have a clearly defined and easy to apply legal framework should any problems arise.
Your workplace policy on marijuana (which could also target the consumption of alcohol and other mind-altering substances) should especially anticipate:
Preparation for this important change is necessary. For this purpose, we are currently working closely with our clients to ensure the consistency of their internal policies with the legal provisions to this change. Make sure you are ready too!