Client Update: Nova Scotia gives first look at cannabis regulation
Rick Dunlop, Kevin Landry and Justin Song
Following October’s public consultation, which resulted in over 31,000 responses, Nova Scotia has revealed the first hints of its cannabis regulatory regime. While Nova Scotia’s proposed provincial legislation under the Cannabis Act has not yet been released, today’s press release provides insight as to what can be expected moving forward.
What will the Nova Scotia regulatory regime look like?
Home cultivation
Unlike Quebec and Manitoba, Nova Scotia intends to permit adults to grow up to four plants per household, in line with the Cannabis Act.
Age
The legal age to purchase recreational cannabis in Nova Scotia will be 19 – which is in line with the province’s liquor laws. The proposed legal age of 19 is consistent with Newfoundland and Labrador, New Brunswick, Ontario, British Columbia, and Yukon.
Alberta and Quebec have set the legal age to 18, mirroring their legal age to purchase alcohol. Manitoba has proposed a legal age of 19 and is the only province, so far, that has not mirrored its provincial drinking age (18 in Manitoba).
The remaining provinces – Saskatchewan, PEI, the Northwest Territories and Nunavut – are currently in the process of holding public consultations.
Distribution
The distribution and sale of cannabis will be through the Nova Scotia Liquor Corporation (NSLC) both online and in existing NSLC stores.
The government expects to have cannabis available on July 1, 2018 in a number of stores. The NSLC was chosen because of the survey responses which indicated that:
the NSLC allows Nova Scotia to best protect children and youth, and that it made sense to use a crown corporation that already has retail experience and infrastructure.
Personal possession
In keeping with the federal legislation and the approach taken by other provinces, Nova Scotia will allow adults of legal age to possess up to 30 grams of cannabis. Unlike New Brunswick which requires that cannabis be stored in a locked container or room, Nova Scotia does not intend to require cannabis to be locked up within private homes.
Purchase or possession of cannabis for those under the legal age of 19 will be prohibited. Nova Scotia will implement provincial penalties for youth possession of up to 5 grams. Youth found with less than 5 grams will be subject to seizure of the cannabis, notification of parents or guardians, and fines similar to those for underage possession of alcohol or tobacco.
The federal legislation treats possession of more than 5 grams by those under 18 as a criminal offence. These offences will be prosecuted under the Youth Criminal Justice Act, as is the current process for youth drug offences.
Archive
Perlene Morrison Prince Edward Island’s municipal legislation is being modernized with the implementation of the Municipal Government Act (the “MGA”). The legislation has now received royal assent and will be proclaimed in force at a future date.…
Read MoreJonathan Coady and Chera-Lee Gomez It’s that time of year – the moment when we look back at the year that was and chart our course for the year ahead. For many councillors, administrators and planning professionals…
Read MorePeter McLellan, QC and Michelle Black In a recent decision, R v McCarthy’s Roofing Limited, Judge Anne Derrick provided some much-needed clarity around what it means to be a “constructor” on a job site. This is critical as…
Read MoreRick Dunlop On December 13, 2016, the Government of Canada released A Framework for the Legalization and Regulation of Cannabis in Canada: The Final Report of the Task Force on Cannabis Legalization and Regulation (“Report”). The Report’s…
Read MoreBrian Johnston, QC Canadian employers are already coping with approximately 75,000 Canadians authorized to use medical marijuana. Health Canada expects that this number will increase to about 450,000 by 2024. Employers know that medical marijuana…
Read MoreJonathan Coady With its decision in Canada Post Corporation v. City of Hamilton,1 the Ontario Court of Appeal has confirmed that the placement of community mailboxes by Canada Post is a matter beyond the reach of municipalities…
Read MoreJennifer Taylor Introduction Thanks to some dirty windows, insurance lawyers have a new go-to Supreme Court case on issues of policy interpretation: Ledcor Construction Ltd v Northbridge Indemnity Insurance Co, 2016 SCC 37. The insurers in Ledcor Construction had…
Read MoreJennifer Taylor Introduction Appeal courts in Ontario1 and Nova Scotia2 have now issued decisions about Trinity Western University’s proposed law school (“TWU”) in British Columbia, and at first glance they couldn’t be more different. The Court of Appeal for…
Read MoreJoe Thorne1 and Giles Ayers2 Limitation periods serve a critical function in the civil justice system. They promote the timely resolution of litigation on the basis of reliable evidence, and permit litigants to assess their legal exposure…
Read MoreOn July 14, 2016 the Supreme Court of Canada issued a significant decision affecting federally regulated employers across Canada. In Wilson v. Atomic Energy of Canada Limited the Court held that the purpose of the unjust dismissal…
Read More