Statutes, Bills, Regulations

More Cannabis Legislation – Effective October 17

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Yes, further to our post of October 2, 2018 when we advised you about all the Saskatchewan legislation related to cannabis legalization and their effective dates, this new regulation, C-2.111 Reg 1 The Cannabis Control (Saskatchewan) Regulations, published in The Saskatchewan Gazette, Part II, Vol. 114 No. 42, October 19, 2018. On the face of it, this would seem to be a rather important piece.

The regulation deals with the possession, distribution and consumption of Cannabis, including:

  • Cannabis Retail Store Permits
  • Cannabis Wholesale Permits
  • Cannabis Permits generally
  • Registered Suppliers
  • Taxation
  • Administration and Enforcement

The coming-in-force date is the same as that of section 1 of its enabling statute, which is October 17, 2018.

The earlier post with all the effective dates, which you bookmarked, has been updated – so you have all provincial cannabis-related legislation listed in one place.

And in the interest of thoroughness, this edition of the Saskatchewan Gazette also includes SR 73/2018 The Snowmobile (Designated Trail) Amendment Regulations, 2018.

Saskatchewan Proclamations

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The Animal Protection Act, 2018, SS 2018, c A-21.2, is proclaimed into force September 17, 2018. According to the government news release, the legislation gives “clearer direction for animal protection officers providing intervention or relief of distress. Animals are not considered to be in distress if kept according to the codes of practice that are listed in The Animal Protection Regulations. Additionally, the Act proposes that veterinarians will be required to report suspected animal neglect or abuse to animal protection agencies.”

The Privacy Amendment Act, 2018, SS 2018, c 28, is proclaimed into force September 15, 2018. According to a government news release, The amendments “will allow a person whose intimate image has been distributed without their consent to sue the person who distributed the image.  It will also shift the onus of proof to the person that circulated the image, requiring them to show that they had a reasonable basis to conclude consent had been granted to do so. Additionally, the amendments will remove the requirement that a lawsuit under The Privacy Act proceed only in the Court of Queen’s Bench.  Plaintiffs will have the option to proceed with an action in either small claims or the Court of Queen’s Bench.  This will permit plaintiffs in these cases to choose the less expensive and quicker small claims process, where they are claiming damages less than $30,000.”

The Heritage Property Amendment Act, 2018, SS 2018, c 12, is proclaimed into force September 17, 2018. The amendments update the role of the heritage property Review Board.

The Saskatchewan Value-added Agriculture Incentive Act, SS 2018, c S-35.001, is proclaimed into force September 20, 2018. According to the government news release, “The new incentive … is designed to improve investment attraction and retention outcomes in the province’s value-added agriculture sector.”

Saskatchewan Legislative Update

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The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 114 No. 38, September 21, 2018:

A-21.2 Reg 1 The Animal Protection Regulations, 2018

S-35.001 Reg 1 The Saskatchewan Value-added Agriculture Incentive Regulations

SR 57/2018 The Coroners Amendment Regulations, 2018

SR 58/2018 The Employment Standards Amendment Regulations, 2018 (No.2)

SR 59/2018 The Public Employees Pension Plan (Designations) Amendment Regulations, 2018 (No. 2)

SR 60/2018 The Municipal Employees’ Pension (Employer Designation) Amendment Regulations, 2018

SR 61/2018 The Health Information Protection Amendment Regulations, 2018

SR 62/2018 The Vital Statistics (Medical Certificate of Death) Amendment Regulations, 2018

RS 62/2018 Règlement modificatif de 2018 sur les services de l’état civil (certificat médical de décès)

SR 63/2018 The Wildlife Habitat and Ecological Lands Designation Amendment Regulations, 2018 (No. 4)

SR 64/2018 The Electrical Code Amendment Regulations, 2018

SR 65/2018 The Oil and Gas Conservation (Miscellaneous) Amendment Regulations, 2018

SR 66/2018 The Automobile Accident Insurance (General) (Safety Rating Appeals and Cannabis) Amendment Regulations, 2018

SR 67/2018 The Vehicle Impoundment (General) Amendment Regulations, 2018

SR 68/2018 The Driver Licensing and Suspension (Cannabis) Amendment Regulations, 2018

SR 69/ 2018 The Parks Amendment Regulations, 2018

SR 70/2018 The Heritage Property (Review Board) Amendment Regulations, 2018

Cannabis Legislation in Saskatchewan – Effective When?

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Jointly authored by Ken Fox and Pat Kelly

Many of you are aware that October 17 is the date the federal Cannabis Act becomes law. And if you have been following closely, you may also be aware that many aspects of cannabis legalization, including distribution, licensing, restrictions on access, health regulation, and impaired driving regulations, fall under provincial jurisdiction. But if I were a gambling man (I’m not), I would bet my entire fortune that you are not familiar with the effective dates of the various pieces of Saskatchewan legislation that will roll out in the wake of the Cannabis Act.

So we at Legal Sourcery have done you the favour of pulling all this information together – so you will have no excuse for not knowing, for example, when our province’s zero tolerance policy with respect to drugged driving becomes effective.

First the biggest piece is The Cannabis Control (Saskatchewan) Act SS 2018 c C-2.111, also known as An Act to Control the Sale, Possession, Consumption, Distribution and Transportation of Cannabis and to Make Consequential Amendments to Other Acts. This act comes into force on proclamation, and as of September 28, 2018, it is not yet proclaimed. To find out when the proclamation happens, you might follow the news, or keep an eye on the list of “Acts Proclaimed” in Part I of the Saskatchewan Gazette. If I were a gambling man, I would bet the farm (if I had one) that effective date will be somewhere in the vicinity of October 17. Update: The act, except s.7-10, was proclaimed into force on October 17.

The Cannabis Control (Saskatchewan) Consequential Amendments Act, 2018, SS 2018 c 7, despite its name, is barely worth mentioning here, as it does not create any substantive law with respect to cannabis. The one thing I would note, however, is that it adds one item to the list of phenomena the Liquor and Gaming Authority is responsible for, namely “(f) any other matter that the Lieutenant Governor in Council may assign to the authority.” Of course I don’t actually know what other matter the legislators have in mind here, but if I were a betting man, I’d bet that there’s a plan to assign cannabis control to the LGA’s authority (but I’m not). This act comes into force on the same day as section 1 of The Cannabis Control (Saskatchewan) Act, which comes into force on October 17.

The Cannabis Control (Saskatchewan) Regulations, C-2.111 Reg 1, deal with the possession, distribution and consumption of Cannabis, including Cannabis Retail Store Permits, Cannabis Wholesale Permits, Cannabis Permits generally, Registered Suppliers, Taxation, Administration and Enforcement.  This regulation comes into force on the same day as section 1 of The Cannabis Control (Saskatchewan) Act – which is October 17.

The Miscellaneous Vehicle and Driving Statutes (Cannabis Legislation) Amendment Act, 2018, SS 2018 c 21, updates the impaired driving provisions in the Highway Traffic Act and Automobile Accident Insurance Act, including a “Zero tolerance drugs” provision. Parts 1 and 2, Offences Relating to Transportation – Drugs, came into force on July 1, 2018. Part 3, Offences Relating to Conveyances, comes into force on December 28, 2018.

The Automobile Accident Insurance (General) (Safety Rating Appeals and Cannabis) Amendment Regulations, 2018, SR 66/2018, is another one of those legislative pieces that does not mention cannabis except in the title. However, it does refer obliquely to some new Criminal Code sections under the heading “Offences Relating to Conveyances” that have been introduced in An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, SC 2018, c. 21. Most of this regulation came into effect on September 14, 2018. The remainder, sections 4, 5, 7 and 11(5), come into force on December 28, 2018.

The Vehicle Impoundment (General) Amendment Regulations, 2018 SR 67/2018 do not mention cannabis at all, but do make reference to the new Offences Relating to Conveyances in SC 2018, c. 21 mentioned above. Part 1 of these regs came into force on September 14, 2018, except for s 8(2), which comes into force on the day on which Part 2 (Offences Relating to Conveyances) of SC 2018, c. 21 comes into force. Part 2 (s 12 to 50 of SR 67/2018) is in effect on December 18, 2018.

 The Driver Licensing and Suspension (Cannabis) Amendment Regulations, 2018 SR 68/2018, also makes reference to various Criminal Code provisions, including the new Offences Relating to Conveyances. Sections 1, 2, 3(1), 4(1), 5(1), 6(1), 7(1), 8(1), 9(1),10(1), 11, 12, 13(1), 14, 15, 16(1), 17(1), 18(1), 19(1), 20(1) and 21 to 25 have been in effect since September 14, 2018. Sections 3(2), 4(2), 5(2), 6(2), 7(2), 8(2), 9(2), 10(2), 13(2), 16(2), 17(2), 18(2), 19(2) and 20(2) come into force on December 28, 2018.

Unlike the above regulations, The Summary Offences Procedure (Miscellaneous) Amendment Regulations, 2018, SR 45/2018, makes frequent reference to cannabis in its substantive content, especially in the newly added Table 54, which prescribes monetary penalties for various offences defined in the aforementioned Cannabis Control (Saskatchewan) Act. These regs came into force on June 29, 2018, except for section 8, which was in effect September 1, 2018, and sections 3(b), 4(b), 5(2), 7(a), 9 and 13, which come into force, again, on the same day as section 1 of The Cannabis Control (Saskatchewan) Act – which is October 17.

Now if you are involved in the regulation of cannabis in Saskatchewan in any way, and if I were a gambling man, I would bet my life that I know what you are going to do next. You are going to bookmark this page.

Saskatchewan Annual Statutes Added to CanLII

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Repost with Permission from The CanLII Blog

We are happy to be able to announce that we have completed a project to add the annual statutes for the Province of Saskatchewan to CanLII back to 1978.

This project was made possible by a grant from the Law Foundation of Saskatchewan, and we are grateful to the board and staff of the foundation for supporting this work. Thanks also goes to the staff at the Law Society of Saskatchewan Libraries for discussing priorities for the legal research environment in Saskatchewan. Finally, we would like to thank CAIJ for funding the initial development required to add annual statutes to CanLII, which started with the Federal statutes and the annual statutes of Quebec.

Annual statutes are an important addition to CanLII’s primary law collections because they are the laws as passed by Canada’s parliamentary bodies. Without access to the annual statutes, it can be difficult to navigate legislation over time.

The annual statutes database brings together the statutes once enacted by the Legislative Assembly of Saskatchewan.

You can read the initial announcement of the addition of annual statutes to CanLII.org here.

Amendments to Impaired Driving Laws

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The Traffic Safety (Miscellaneous) Amendment Act, 2018, SS 2018, c.45, and The Miscellaneous Vehicle and Driving Statutes (Cannabis Legislation) Amendment Act, 2018, SS 2018, c.21, are now in force in Saskatchewan. According to the government’s news release, these amendments include stronger penalties for drug-impaired drivers and for impaired drivers who transport children.

According to the news release:

As of Sept. 1, zero tolerance for drug impairment will apply to all drivers.  Zero tolerance means that drivers should not get behind the wheel with any level of impairing drugs in their system detectable by a federally-approved screening device, or a standardized field sobriety test.  The province has also updated legislation and regulations so that tough administrative penalties that impaired drivers in Saskatchewan faced under existing legislation will also apply to anyone charged under three new federal drug-impaired driving laws (http://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/index.html).

CBC also reported on the amendments, including possible court challenges to the effectiveness of the testing machines.

Tentative Proposals for a Land Charges Act

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The Law Reform Commission of Saskatchewan has recently posted a new consultation paper on its website. The paper – Tentative Proposals for a Land Charges Act – is part of the Commission’s project on real property security law in Saskatchewan. The consultation period runs until February 15, 2019.