Background Check Employment Screening Logo

Blog - Background Check Employment Screening

[Return To Blogs]

Legislated Drug Testing in the Workplace - (7/9/2018)
Canada-


Borden Ladner Gervais LLP - Kamini Dowe

No Place in Bill C-45 for Workplace Drug Testing – For Now

With the impending legalization of cannabis later this year, there has been growing concern from many employers regarding the potential implications of recreational drug use and impairment in the workplace. As Bill C-45 (the Cannabis Act) has weaved its way through the House and Senate in its various forms and iterations, employers are anxiously awaiting the federal government’s decision regarding the recommendations of various employer groups to permit limited mandatory workplace drug testing in connection with its cannabis legislation.

For now, it appears that any amendments to Bill C-45 to address workplace drug testing will not be forthcoming. The federal government has, however, recently signalled that the door is not closed on revisiting the legislation and imposing mandatory drug testing for certain safety-sensitive jobs in the future.

Random drug and alcohol testing policies are potentially one step closer to reality with the Supreme Court’s refusal to hear the union’s appeal of a 2017 decision of the Alberta Court of Appeal.

This case began in 2012, after Suncor attempted to implement random drug and alcohol testing at some of its worksites. The union grieved the policy on the basis that it unreasonably infringed upon employees’ right to privacy, among other privacy-related issues, and was initially successful at arbitration.

In 2016, the Alberta Court of Queen’s Bench rejected the arbitration decision on judicial review and ordered that the matter be heard by a new arbitration panel. The union appealed that decision, and the matter landed before the Alberta Court of Appeal in 2017. The court affirmed the lower court’s decision and the matter was sent back to a fresh arbitration panel.

The union appealed again unsuccessfully. On June 14, 2018, the Supreme Court dismissed the union’s application for leave for appeal, with the

Click Here For External Reference
Blog - Background Check Employment Screening

Newsletter / Blog

Receive industry news and SmartStart releases.

Sign Up Now >>

Chat - Background Check Employment Screening
Click To Chat
Logo - Background Check Employment Screening
Small Business Solutions
Logo - Background Check Employment Screening
Midsized Business Solutions
Logo - Background Check Employment Screening
Enterprise Solutions
Blog - Background Check Employment Screening
More Blogs
Why SmartStart Employment Screening and Background Check
Why SmartStart
 
Logo - Background Check Employment Screening
Get Quote
Logo - Background Check Employment Screening
Get Started - Register

FaceBook-Background Check Employment ScreeningLinkedIN-Background Employment Check and Screening

© 2014 SmartStart Employment Screening Inc all rights reserved. SmartStart is a registered trademark.