The Road Explorer - Fall 2017 - 13

REGULATORYUPDATE

Legalizing Marijuana
Ontario Addresses Commercial Drivers in Proposed Legislation

s the Canadian federal government
moves to the legalization of
marijuana, there is still much
uncertainty with respect to a
host of social and business ethics issues.
Of growing concern to employers is
whether and how to manage employees
who use marijuana, both for recreational
and medical use. This is increasingly
complex when we look at jobs in the
transportation sector: school bus, motor
coach scheduled service and charter bus,
trucks, public transit and more.
Discussions swirl around the
treatment and use of marijuana in the
workplace and if or how to somehow
include it in pre-existing drug and
alcohol testing, yet testing for marijuana
use and its lasting effects are not as
black and white as other controlled
substances. For instance, a person using
marijuana can still elicit a positive drug
test roughly 30 days after use, yet surely
any impact on that person's ability to
safely perform daily work functions
would be diminished - or would it?
Employers face occupational health and
safety obligations that must consider
human rights expectations.
The province of Ontario has
announced that it will introduce
road safety legislation in advance of
the legalization of cannabis products
next July. The intent is to specifically
address questions and issues surrounding
commercial drivers.
The province of Ontario expects to
implement a "zero tolerance" policy
for commercial drivers when it comes
to detecting alcohol or drugs in their
system, including marijuana. The
federal government is in the process
of establishing screening devices with
appropriate thresholds for detecting the
presence of controlled substances and,

BRUCE STANFIELD/SHUTTERSTOCK.COM

by Jennifer Fox
Director of Regulatory Affairs

once approved, any commercial driver
found to have used cannabis will be
subject to penalties ranging from licence
suspension to fines, to mandatory
education and treatment programs.
The move by the Ontario government
empowers employers to insist, as a
condition of employment, that drivers
are not permitted to use cannabis
products. While it may remain legal
for the public, under this proposed
provincial law it will clearly be illegal
for a commercial driver to have any
drugs in his or her system, regardless of
arguments about actual impairment.
Questions remain as to what other
provinces intend to do. Naturally,

there are outstanding concerns that
Canada could end up with differences
between each province on usage and
enforcement law, like with seatbelts.
Disparity between provinces creates
inefficiency for operators crossing
provincial borders, and this needs
to be considered by all provincial
governments going forward.
Discussions and issues will
undoubtedly continue to unfold in
the coming months, as the federal
government has identified July 1, 2018,
as the goal for legalization. In the
meantime, policy and operational issues
will emerge and Motor Coach Canada
will continue to remain engaged.
■

The move by the Ontario government empowers employers to insist,
as a condition of employment, that drivers are not permitted to use
cannabis products.

Read The Road Explorer online at www.naylornetwork.com/omc-nxt


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Table of Contents for the Digital Edition of The Road Explorer - Fall 2017

Industry Voice
Issues Update
Regulatory Update
Industry Controls Its Response to U.S. Travel Ban
Will Competition From Airbnb Disrupt the Travel Industry? It Depends on Who You Ask
OMCA’s 2017 Golf Tournament
Badder Bus Operations
Canadian Museum of Immigration at Pier 21
Travel Highlights Marketplace
Classifieds
Index of Advertisers
The Road Explorer - Fall 2017 - Intro
The Road Explorer - Fall 2017 - bellyband1
The Road Explorer - Fall 2017 - bellyband2
The Road Explorer - Fall 2017 - cover1
The Road Explorer - Fall 2017 - cover2
The Road Explorer - Fall 2017 - 3
The Road Explorer - Fall 2017 - 4
The Road Explorer - Fall 2017 - 5
The Road Explorer - Fall 2017 - 6
The Road Explorer - Fall 2017 - Industry Voice
The Road Explorer - Fall 2017 - Issues Update
The Road Explorer - Fall 2017 - 9
The Road Explorer - Fall 2017 - 10
The Road Explorer - Fall 2017 - 11
The Road Explorer - Fall 2017 - 12
The Road Explorer - Fall 2017 - Regulatory Update
The Road Explorer - Fall 2017 - Industry Controls Its Response to U.S. Travel Ban
The Road Explorer - Fall 2017 - 15
The Road Explorer - Fall 2017 - Will Competition From Airbnb Disrupt the Travel Industry? It Depends on Who You Ask
The Road Explorer - Fall 2017 - 17
The Road Explorer - Fall 2017 - 18
The Road Explorer - Fall 2017 - 19
The Road Explorer - Fall 2017 - 20
The Road Explorer - Fall 2017 - 21
The Road Explorer - Fall 2017 - OMCA’s 2017 Golf Tournament
The Road Explorer - Fall 2017 - 23
The Road Explorer - Fall 2017 - 24
The Road Explorer - Fall 2017 - Badder Bus Operations
The Road Explorer - Fall 2017 - 26
The Road Explorer - Fall 2017 - 27
The Road Explorer - Fall 2017 - 28
The Road Explorer - Fall 2017 - 29
The Road Explorer - Fall 2017 - 30
The Road Explorer - Fall 2017 - Canadian Museum of Immigration at Pier 21
The Road Explorer - Fall 2017 - 32
The Road Explorer - Fall 2017 - Travel Highlights Marketplace
The Road Explorer - Fall 2017 - 34
The Road Explorer - Fall 2017 - Classifieds
The Road Explorer - Fall 2017 - 36
The Road Explorer - Fall 2017 - Index of Advertisers
The Road Explorer - Fall 2017 - 38
The Road Explorer - Fall 2017 - cover3
The Road Explorer - Fall 2017 - cover4
The Road Explorer - Fall 2017 - outsert1
The Road Explorer - Fall 2017 - outsert2
The Road Explorer - Fall 2017 - outsert3
The Road Explorer - Fall 2017 - outsert4
The Road Explorer - Fall 2017 - outsert5
The Road Explorer - Fall 2017 - outsert6
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