By Transport Canada | January 15, 2019 Estimated reading time 4 minutes, 40 seconds.
Editor’s note: The following informational article is reprinted with permission from Transport Canada’s Aviation Safety Letter, Issue 4/2018.
Further to the article published in the Aviation Safety Letter (ASL), Issue 3/2018, please find below additional information about the legalization of cannabis as it relates to Canadian aviation:
Transport Canada is responsible for dealing with fitness for duty considerations such as medical state and impairment as they relate to safety in air, marine, rail and motor vehicle modes of transport by federally-regulated employers. Transport Canada is aware that the Canadian aviation community may be concerned about the legalization of cannabis and is seeking guidance.
Cannabis use can cause immediate impairment, but also causes longer-lasting impairment that may not be obvious to the user or to the people around them. Cannabis, like many other substances such as narcotics, muscle relaxants, antidepressants, etc., causes impairment that can affect the judgment and actions of members of a flight crew, including pilots. There is scientific consensus regarding the long-lasting effects of cannabis on individuals, even after impairment is no longer felt. However, current tests for the psychoactive chemical in cannabis do not correspond with impairment levels. As a result, in the interest of aviation safety, Transport Canada does not intend to ease restrictions on the use of cannabis or other substances that cause impairment.
Impairment caused by cannabis use is a serious issue for Transport Canada given its potential to threaten aviation safety. Despite the recent legalization of cannabis, Transport Canada has an existing regulatory framework in place concerning impairment. Pursuant to the Aeronautics Act and the Canadian Aviation Regulations (CARs), regulations and medical standards address the consumption of drugs and alcohol by certificate holders, such as pilots. The CARs, under section 602.03, set out the rules governing alcohol and drug use by crew members:
Canadian Aviation Regulations (SOR/96-433) Section 602.03
No person shall act as a crew member of an aircraft:
(a) Within eight hours after consuming an alcoholic beverage;
(b) While under the influence of alcohol; or
(c) While using any drug 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.
Currently, the use of cannabis is a disqualifying factor for obtaining a medical certificate to fly or control aircraft. The CARs currently provide that all members of a flight crew, such as pilots, are prohibited from working while using any drug (legal or illegal) that impairs faculties to the extent that the safety of the aircraft or people on board is endangered in any way. The definition of a drug includes cannabis and, therefore, these regulations will continue to apply under the Cannabis Act.
Transport Canada has a robust medical protocol and testing regime in place in order to address substance abuse disorders. Canadian medical certificate holders with a known diagnosis of substance abuse may be subject to no-notice drug and alcohol testing to ensure compliance with the abstinence provisions of their certificate.
Taking cannabis, and products containing it, across any international border is illegal and can result in serious criminal penalties in Canada and in other countries, including the United States. The import and export of cannabis remains illegal in Canada, and also when travelling to or returning from jurisdictions with legalized or decriminalized cannabis. This includes cannabis for medical purposes.
Each country or territory decides who can enter or exit through its borders. The government of Canada cannot intervene on your behalf if you do not meet your destination’s entry or exit requirements. During state control procedures, pilots or other crew members may be denied entry to a foreign country, including the United States, if they have previously used cannabis products, even if these products were used legally in Canada.
To read the Aviation Safety Letter, click here.
This doesn’t answer the elephant in the room, what is the level of THC in your system that is considered OK, or must it be 0?
The Safety letter states “current tests for the psychoactive chemical in cannabis do not correspond with impairment levels”. So a given level of THC in one individual, could cause a different level of impairment than in another individual. It sounds like the safest level (the max that is considered OK) is 0 at this point in time.
Everybody fly safe!
Hi Bruce,
We approached Transport Canada for further clarification after you posted this comment. Here is their emailed response:
“Transport Canada regulations are in place to prohibit transportation workers in safety-sensitive positions from working if they are impaired. The Canadian Aviation Regulations state that no person shall act as a crew member of an aircraft while using any drug that impairs the person’s faculties to the extent that the safety of the aircraft or passengers is endangered in any way. It is illegal to fly an aircraft under the influence of cannabis. It remains a criminal offence since cannabis has been legalized in Canada.
The use of cannabis is a disqualifying factor for obtaining a medical certificate to fly or control aircraft.
The Canadian Aviation Regulations outline the requirements pilots must meet to confirm their physical and mental fitness to fly. The medical requirements for pilots are found at the following link: https://www.tc.gc.ca/eng/civilaviation/regserv/cars/part4-standards-t42402-1412.htm .
All commercial pilots are seen by a Civil Aviation Medical Examiner prior to receiving a medical certificate from Transport Canada. Civil Aviation Medical Examiner assess pilots on a regular basis according to the type of license they hold (e.g. commercial versus private), their age and their health. For information on the required frequencies of medical examinations for pilots, please see Figure 2 in the publication at the following link: https://www.tc.gc.ca/eng/civilaviation/publications/tp13312-2-menu-2331.htm .”
Notably, cannabis use will disqualify a pilot from obtaining their aviation medical — and therefore, they cannot work.
We hope this provides a bit more information on an important topic.
The legal language used by Transport Canada is a bit vague, but it doesn’t seem to restrict pilots who wish to use marijuana while off duty, so long as they show up fully sober for flights.
I’m not sure if TC medicals routinely test for marijuana, and I know for a fact that certain airlines in North America that do their own medicals do not test. But I suspect that any pilot found with THC in their system would be grounded, impaired or not, until they tested THC-free.
This is contrary to the language found in the new drug & alcohol policies that have been released post-legalization for a few Canadian airlines, which place a hard ban for any marijuana consumption while off duty. These restrictions are unlikely to be lifted or even contested by union groups.
Long story short, if I was a civil aviation pilot without specific company restrictions on cannabis use, I would be fairly comfortable with smoking while off duty, since Transport Canada seems primarily concerned with impaired flying as opposed to recreational consumption.
What about CBD oil use prescribe. No THC. Will this mean you fail your aviation medical too?
Hi Tom, here is a reference page from Transport Canada. We recommend contacting them or your aviation medical examiner with specific questions.