Canada Going to Pot?

Transport Canada has issued a Ship Safety Bulletin following the country’s legalisation of cannabis.

The Cannabis Act and its supporting regulations came into force on October 17 2018, making Canada only the second country in the world to legalise recreational cannabis.

Of course this does not mean that seafarers can ‘skin-up’ as soon as they enter Canadian waters. The bulletin reminds everyone concerned of their responsibility to operate vessels safely.

Key points from the applicable laws and policies are shown below:

• Criminal Code s.253(1): you may not operate, assist in the operation of, or have the care or control of a vessel while impaired. This applies whether or not the vessel is moving.
• Safe Working Practices Regulations s.14: “no person shall be permitted in any working area whose ability to work is, in the opinion of the person in charge of the area, impaired by alcohol or a drug”. The term “working area” includes anywhere work is being done on board a ship, and applies to anyone working on a ship in Canada or on any Canadian ship outside Canada.
• Under the newly amended Non-Smokers’ Health Act, smoking or vaping cannabis in the workplace is prohibited.
• Taking cannabis outside Canadian border is illegal, including cannabis used for medical purposes.
• When considering whether to issue a marine medical certificate to seafarers, Transport Canada and marine medical examiners will consider consumption of cannabis in their determinations.

Seafarers should also be aware that if they do consume cannabis whilst ashore in Canada, it can remain in their system – and therefore be detectable – for several days. Members who have vessels calling at Canadian ports may wish to remind their crews of the company’s drug policy and the possibility of drug testing by authorities in subsequent ports.

Read the Transport Canada bulletin here.

General information on the legal status of cannabis in Canada can be found on the government website here.