On October 17, 2018, Canada officially brought into force the legalization of recreational cannabis. The talks about legalization and its impact on the aviation industry have been an ongoing conversation since it was initially proposed.

Charged with handling "fitness for duty" concerns of medical state and impairment as they relate to aviation, Transport Canada has always taken a hard stance against any substance that may cause impairment. Regardless of whether something is illegal or not, if it jeopardizes the safety of passengers, the public or aviation as a whole, Transport Canada will prohibit it.

Through the Canadian Aviation Regulations (CARs), Transport Canada prevents a person from acting as a crew member "while using any drug (including cannabis) that impairs the person's faculties to the extent that the safety of the aircraft or of persons on board the aircraft is endangered in any way." This regulation existed prior to October 17, 2018, and Transport Canada has signalled that it does not intend to ease restrictions on the use of cannabis. Given the potential long-term effects of cannabis use on a person's faculties, the issue arises whether any use of cannabis is to be permitted. Both Air Canada and WestJet, among other Canadian airlines, have issued statements that all pilots and those in safety-sensitive positions are prohibited from recreationally using cannabis, even when off-duty. This policy will likely be reviewed by the unions under the existing collective agreements. The use of cannabis by employees and how it can be restricted is also, of course, a concern of the aerospace manufacturing industry in Canada. Blakes has been asked by the Aerospace Industries Association of Canada (AIAC) to provide two seminars to its members on these issues.

For permission to reprint articles, please contact the Blakes Marketing Department.

© 2018 Blake, Cassels & Graydon LLP.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.