ENTERING THE U.S. Travellers must remember that while cannabis will be legal in Canada and certain states, including Cali- fornia and Colorado, it remains illegal under U.S. federal law. Accordingly, it would be of benefit for employers with employees seeking entry to the U.S. to advise their workforce of the following: •  Individuals with past cannabis-related convictions will likely remain inadmis- sible to the U.S. and/or will be perma- nently barred; •  Following legalization, individuals who admit to having used cannabis in Canada prior to October 17, 2018 will likely be found inadmissible to the U.S. and may be permanently barred; and •  Upon legalization, where a U.S. Customs and Border Patrol (CBP) officer, along with a government-author- ized physician, determine that a foreign national is a drug abuser or addict, the foreign national may be found inadmis- sible to the U.S. In addition to a potential finding of inadmissibility for past use or possession of illegal cannabis, employees working in the legal cannabis industry in either Canada or the U.S. may be barred if a CBP officer has reason to believe the individual is involved in trafficking a controlled substance. At this time, it is unknown whether this ground of inadmissibility will continue to be used after October 17. Finally, foreign nationals seeking to take up employment in the legal cannabis industry in the U.S. may be found inadmissible if a CBP officer has reason to believe the individual intends to engage in an unlawful activity. ENTERING CANADA Once cannabis is legal- ized in Canada, strict regulations will apply, and the transport of cannabis across borders will remain prohibited. It is recom- mended that employers with employees seeking entry to Canada advise their workforce of the following: •  Serious criminal penalties may result in Canada, or the foreign national’s home or destination country, for transporting cannabis or any product containing cannabis across a Canadian border; •  The provinces will regulate the use and distribution of legal cannabis – if intending to enter Canada and engage in legal cannabis use, foreign nationals must ensure they follow regulations regarding age of majority, designated public use areas, and possession limits, which vary between provinces; and •  Foreign nationals with previous convic- tions for illegal cannabis use will remain inadmissible to Canada and should seek special authorization prior to requesting admission to Canada. BEST EMPLOYER PRACTICES It will take time and considerable nego- tiation efforts before governments on both sides of the border modernize their pre-clearance measures to fully embrace Bill C-45. Until then, U.S.-bound travel- HR departments are encouraged to ensure that their drug and alcohol and travel policies are updated lers are obliged to respond truthfully to all questions asked by CBP officers in preclearance areas, including questions about cannabis use. Failure to comply may result in detention and a two-year prison sentence. For those seeking entry to Canada, although some groups are lobbying for an amnesty program, as of today cannabis legalization does not apply retroactively – employees who previously required a temporary resident permit to enter Canada will continue to need one. At time of print, no guidance from either Canadian or U.S. authorities had yet been published on navigating this significant change in law and the level of discretion to be used by border officers to guard against issues at the border. Human resource departments are encouraged to ensure that their drug and alcohol and travel policies are updated as best as possible to encom- pass the upcoming new reality. A company-wide campaign to educate their mobile workforce about the param- eters for legal use of cannabis in Canada and the lasting implications that misinfor- mation may have on one's ability to travel internationally will not only also help to raise awareness, it will promote successful and compliant cross border business travel. Janet Bomza is a partner and national practice leader with PwC Law LLP and Claire MacLean is an associate with PwC Law LLP. A brand new, upscale, 101 all-suite hotel. A choice of Studio, One-Bedroom, and Two-Bedroom Suites with Fully Equipped Kitchens. Enjoy complimentary services, including: daily hot breakfast, evening social Monday - Thursday, on-site parking, wireless internet access, 24-hour business centre, 24-hour fitness centre, heated indoor pool, and outdoor patio with barbecue area. HOMEWOODSUITESBYHILTON® OTTAWA/KANATA 613-270-2050 | 900 Great Lakes Ave, Kanata, Ontario, K2K 0L4 ottawakanata.homewoodsuitesbyhilton.com © 2018 Hilton Worldwide Fall 2018 PERSPECTIVES 29