Recreational cannabis is very much in the spotlight as the date for legalization approaches. Yet issues related to employee use of medical cannabis are still front and centre for many employers, as demonstrated by a pair of recent arbitration decisions: Re IBEW, Local 1620 and Lower Churchill Transmission Construction Employers Assn. Inc. (Uprichard) (2017), 281 LAC (4th) 246 (“Lower Churchill 1”) and Re Lower Churchill Transmission Construction Employers Assn. Inc. and IBEW, Local 1620 (Tizzard) 2018 Carswell Nfld 198 (“Lower Churchill 2”).
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Following the Senate’s historic vote in favour of Bill C-45, the Cannabis Act, the Federal Government announced yesterday that recreational marijuana will become legal on October 17, 2018. In anticipation of Bill C-45 becoming law, the provinces have begun preparing a framework for regulating the production, distribution, sale, possession and consumption of cannabis. Ontario’s response is Bill 174. With legalization fast approaching, we outline below key aspects of Bill 174 and steps to help employers prepare for the new reality.
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The date set for the legalization of marijuana in Canada is now just over 7 months away. With legalization looming and the holiday season upon us, it is now more important than ever for employers to take proactive steps to respond to the changing legal and social landscape.
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Random drug and alcohol testing for most Toronto Transit Commission (TTC) employees can proceed following a decision of Justice Marrocco denying the ATU Local 113’s application for an injunction earlier this week. The ruling permits the TTC to test 10,000 of its 14,000 employees, including those deemed to be in “safety-sensitive” jobs, as well as those in designated management positions and all executives (including CEO Andy Byford) under the TTC’s Fitness for Duty Policy (the Policy).
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Introduction

An employee’s use of intoxicants, like marijuana, can adversely affect the work environment by:

  • compromising the ability of employees to perform their job duties;
  • threatening the health and safety of the employee and his or her co-workers; and
  • undermining the employer’s reputation.

It is no surprise, then, that employees who are found to be under the influence at work often face discipline.

Yet, the rise of marijuana as a treatment for disabling medical conditions (such as epilepsy, chronic pain or post-traumatic stress disorder) has caused this once relatively “clear” issue to become more complex.
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