The Government of Manitoba issued the following proclamation:
The Cannabis Harm Prevention Act (Various Acts Amended), (Parts 2, 3 and 6), S.M. 2017 c. 22. In force effective December 1, 2017.
The federal government has introduced legislation to legalize the non-medical use of cannabis (marijuana). This Act amends several Acts to address health or safety concerns that will arise when cannabis consumption is no longer illegal, and it closes any legislative gaps that might be created when cannabis is no longer considered to be an illegal drug.
The Child Sexual Exploitation and Human Trafficking Act
Cannabis is expressly stated to be a controlled substance under this Act. This ensures that the Act continues to apply to persons who supply cannabis in exchange for sexual conduct with a child or in order to compel victims of human trafficking to engage in specified activities.
The Drivers and Vehicles Act
This Act is amended to require the registrar of motor vehicles to make a determination whether to suspend the licence of a novice driver or a person with a class or subclass of driver’s licence prescribed in the regulations if the person receives a 24-hour roadside suspension under the new addition to The Highway Traffic Act for being under the influence of a drug.
The Highway Traffic Act
This Act is amended to:
- create restrictions on the transportation of cannabis in motorized vehicles;
- prohibit the consumption of cannabis in motorized vehicles on a highway;
- create a 24-hour roadside suspension when an officer believes on reasonable grounds that as a result of being under the influence of a drug, a person is unable to safely operate a motor vehicle, vessel, aircraft or railway equipment; and
- mirror the obligation on the registrar of motor vehicles added to The Drivers and Vehicles Act under similar provisions of The Highway Traffic Act.
The Mental Health Act
Cannabis is expressly listed as an intoxicant under this Act. A prohibition on providing intoxicants to residents in a mental health facility still applies to cannabis when it is legalized.
The Non-Smokers Health Protection Act
This Act is amended to prohibit people from smoking cannabis in enclosed public places, including through the use of e-cigarettes.
The Off-Road Vehicles Act
This Act is amended to create similar transportation and consumption prohibitions for off-road vehicles as those added for vehicles under The Highway Traffic Act.
The Public Schools Act
Every school must have a student code of conduct. The code must include a statement that students must not possess alcohol or illicit drugs at school. Since cannabis will not be considered an illicit drug when it is legalized, the Act is amended to specifically add cannabis to the list of prohibited products.