Measures Respecting Premises with Illegal Drug Activity Act, 2025

S.o. 2025, chapter 6
Schedule 8

Consolidation Period: From June 5, 2025 to the e-Laws currency date.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by order of the Lieutenant Governor in Council.

No amendments.

Interpretation

1 (1) In this Act,

“police officer” has the same meaning as in the Community Safety and Policing Act, 2019; (“agent de police”)

“premises” means lands and structures or either of them, including trailers and portable structures designed or used for residence, business or shelter, and includes part of a premises; (“lieu”)

“prescribed offence” means an offence that is prescribed by regulation under clause 1 (3) (a); (“infraction désignée”)

“proceeds”, in relation to an offence, means,

(a)  personal property, other than money, derived in whole or in part, directly or indirectly, from the commission of the offence, and

(b)  money derived directly or indirectly from the commission of the offence; (“produit”)

“regulations” means the regulations made under this Act. (“règlements”)

Meaning of landlord

(2) Subject to any regulations made under clause (3) (b), a person is a landlord of a premises for the purposes of this Act if,

(a)  the person has leased the premises to a tenant for residential use;

(b)  the person has leased the premises to a tenant for commercial use; or

(c)  the person is a tenant to whom the premises is leased, whether for residential or commercial use, and has sublet the premises to another person.

Regulations

(3) The Lieutenant Governor in Council may make regulations,

(a)  prescribing, as prescribed offences for the purposes of this Act, offences under Acts of Parliament that relate to the production or trafficking of a controlled substance or precursor, or of cannabis, including prescribing an offence that could involve conduct relating to the production or trafficking of a controlled substance or precursor, or of cannabis, as that offence relates to that conduct;

(b)  clarifying who is a landlord for the purposes of this Act or providing that persons who would otherwise be landlords by application of subsection (2) are not landlords for the purposes of this Act.

Meaning of terms, cl. (3) (a)

(4) For the purposes of clause (3) (a), the terms “production”, “trafficking”, “controlled substance” and “precursor” have the same meanings as in the Controlled Drugs and Substances Act (Canada) and the term “cannabis” has the same meaning as in the Cannabis Act (Canada).

Prohibition, permitting misuse of premises

2 (1) No person shall knowingly permit a premises of which the person is a landlord to be used in relation to a prescribed offence.

Defence

(2) It is a defence to a charge under subsection (1) that the defendant took reasonable measures to prevent the activity.

Prohibition, possession of proceeds

3 No person shall knowingly possess the proceeds of an offence under this Act.

Seizure

4 (1) A police officer may seize any thing if the police officer has reasonable grounds to believe that,

(a)  the thing will afford evidence of an offence under this Act; or

(b)  the thing is proceeds of an offence under this Act.

Order of restoration

(2) The Ontario Court of Justice may, on the application of any person made within 30 days after a seizure under subsection (1), order that the things seized be restored without delay to the applicant if the court is satisfied that,

(a)  the applicant is entitled to possession of the things seized;

(b)  the things seized are not required as evidence in any proceeding;

(c)  continued detention of the things seized is not necessary to prevent the commission of an offence; and

(d)  it is unlikely that the things will be forfeited on conviction in accordance with an order made under subsection (5).

Same

(3) If the court is satisfied that an applicant under subsection (2) is entitled to possession of the things seized but is not satisfied as to all of the matters mentioned in clauses (2) (b), (c) and (d), it shall order that the things seized be restored to the applicant,

(a)  on the expiration of three months after the date of the seizure, if no proceeding in respect of an offence has been commenced; or

(b)  on the final conclusion of any such proceeding.

Forfeiture

(4) If no application has been made for the return of a thing seized under subsection (1), or an application has been made but on the hearing of the application no order of restoration has been made, the thing seized is forfeited to the Crown.

Same

(5) If a person is convicted of an offence under this Act, the court that convicts the person shall order that any thing seized under subsection (1) in connection with the offence be forfeited to the Crown, unless the court considers that the forfeiture would be unjust in the circumstances.

Relief against forfeiture

(6) Any person with an interest in a thing forfeited under this section may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers just, including, but not limited to, one or more of the following orders:

1.  An order directing that the thing or any part of the thing be returned to the applicant.

2.  An order directing that any interest in the thing be vested in the applicant.

3.  An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture.

Same

(7) The court shall not order any relief under subsection (6) unless it is satisfied that the applicant did not, directly or indirectly, participate in, or benefit from, any offence in connection with which the thing was seized.

Police powers re prescribed offences

5 If a police officer has reasonable grounds to believe that a thing is being used or is about to be used in the commission of a prescribed offence and if the regulations permit it, the police officer may, subject to any restrictions or additional requirements prescribed by the regulations, take possession of, disable or restrict access to the thing for the purpose of preventing it from being used in the commission of the prescribed offence.

Removing persons from premises

6 (1) If a police officer has reasonable grounds to believe that a prescribed offence is being committed on any premises, the police officer may require that one or more persons vacate the premises.

Not to remain after being required to leave

(2) No person shall,

(a)  remain on the premises after being required to vacate the premises under subsection (1); or

(b)  re-enter the premises on the same day the person is required to vacate, unless a police officer authorizes the person to re-enter.

Persons residing in premises

(3) Subsection (1) does not apply in respect of persons residing in the premises.

Closure of premises

7 (1) If a charge is laid against a person for committing a prescribed offence and a police officer has reasonable grounds to believe that a premises was used in the commission of the alleged offence, the police officer may cause the premises that is the subject of the alleged contravention to be closed immediately and any persons on the premises to be removed.

Limitation, residences

(2) Subsection (1) does not apply with respect to premises that are being used as a residence.

Barring of entry

(3) If a premises is closed under subsection (1), a police officer shall bar entry to all entrances to the premises until the final disposition of the charge, subject to an order under subsection (6).

No entry

(4) Until the final disposition of the charge, no person shall enter or attempt to enter a premises that is closed under subsection (1), subject to an order under subsection (6).

Exception

(5) Subsections (3) and (4) do not apply with respect to the entry, in exigent circumstances, of police officers or other emergency responders.

Order lifting closure

(6) On application by a person who has an interest in the premises, the Superior Court of Justice may order that entry to the premises cease to be barred, subject to any conditions specified by the court, if,

(a)  the court is satisfied that the use to which the premises will be put will not result in the commission of a prescribed offence; and

(b)  if the applicant is the person charged, the applicant posts a cash bond for $10,000 or such greater amount as the court may specify, for the term specified by the court, to ensure that the premises will not be used in a manner that results in the commission of a prescribed offence.

Restriction on costs award

(7) Costs may not be awarded on an application under subsection (6), except against the applicant.

Forfeiture of bond

(8) If, after an applicant posts a cash bond under clause (6) (b) and before final disposition of the charge, another charge is laid against the applicant for a prescribed offence and there are reasonable grounds to believe that the same premises were used in the commission of the alleged offence, the Superior Court of Justice may, on application, order the forfeiture of the bond to the Crown.

No appeal

(9) For greater certainty, no appeal lies from an order made under subsection (8).

Arrest without warrant

8 If a police officer finds a person apparently in contravention of subsection 2 (1), section 3 or subsection 6 (2) or 7 (4) and the person refuses to give the person’s name, date of birth and address or the police officer has reasonable grounds to believe that the name, date of birth or address given is false, the police officer may arrest the person without warrant.

Powers of a police officer exercised by others

9 (1) A power that may be exercised under this Act by a police officer, other than a power set out in section 8, may also be exercised by any other person or class of persons designated in writing by the Solicitor General for the purposes of this section.

Same

(2) A designation under subsection (1) is subject to such restrictions as may be specified in the designation, including restrictions respecting the powers that may be exercised or the offences under this Act in respect of which powers may be exercised.

Obstruction

10 No person shall hinder, obstruct or interfere with, or attempt to hinder, obstruct or interfere with, a police officer or person designated under section 9 who is acting under this Act.

Offences

11 (1) A person who contravenes subsection 2 (1), section 3, subsection 6 (2) or 7 (4) or section 10 is guilty of an offence.

Same, directors and officers

(2) A director or officer of a corporation who causes, authorizes, permits or participates in an offence under this Act by the corporation is guilty of an offence.

Limitation

(3) No proceeding under this section shall be commenced more than two years after the day the offence was, or is alleged to have been, committed.

Penalties

12 (1) An individual who is convicted for contravening subsection 2 (1) is liable,

(a)  on a first conviction in respect of that subsection, to a fine of at least $10,000 and not more than $250,000 or to imprisonment for a term of not more than two years less a day, or both; and

(b)  on a subsequent conviction in respect of that subsection, to a fine of at least $5,000 and not more than $100,000 for each day or part of a day on which the offence occurs or continues or to imprisonment for a term of not more than two years less a day, or both.

Same, corporation

(2) A corporation that is convicted for contravening subsection 2 (1) is liable,

(a)  on a first conviction in respect of that subsection, to a fine of at least $25,000 and not more than $1,000,000; and

(b)  on a subsequent conviction in respect of that subsection, to a fine of at least $10,000 and not more than $500,000 for each day or part of a day on which the offence occurs or continues.

Other offences

(3) On conviction for having contravened section 3, subsection 6 (2) or 7 (4), section 10 or subsection 11 (2),

(a)  an individual is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or both; and

(b)  a corporation is liable to a fine of not more than $250,000.

Cost recovery

13 (1) Any cost incurred by a police service or an entity prescribed by the regulations in enforcing the requirements of subsection 2 (1) or section 3 against a person is recoverable from the person, if the person is convicted for contravening subsection 2 (1) or section 3, as applicable.

Same

(2) Any cost that is incurred by a police service or an entity prescribed by the regulations in enforcing a provision of this Act or exercising a power conferred under this Act, other than in relation to enforcing the requirements of subsection 2 (1) or section 3, is recoverable from a person who is a landlord of the premises in respect of which the provision was being enforced or power was exercised, if the landlord knowingly permitted the premises to be used to commit a prescribed offence.

Same, prescribed offences

(3) The costs that are prescribed by the regulations and that are incurred by a police service or an entity prescribed by the regulations in enforcing an Act of Parliament or exercising a power under an Act of Parliament in relation to a prescribed offence are recoverable from a person who knowingly permitted a premises of which the person is a landlord to be used in relation to the prescribed offence.

Exception

(4) Despite subsections (2) and (3), the costs referred to in those subsections are not recoverable if the person took reasonable measures to prevent the activity.

Recoverable costs

(5) Any cost incurred by a police service or an entity prescribed by the regulations that, under this section, is recoverable from a person may be recovered from that person by,

(a)  in the case of the Ontario Provincial Police, the Solicitor General;

(b)  in the case of a police service other than the Ontario Provincial Police, the police service board that maintains the police service; or

(c)  in the case of an entity prescribed by the regulations, the entity prescribed by the regulations as being able to recover the costs, which may be the same entity.

Absence of agreement

(6) If no agreement has been entered into between the person from whom the costs are recoverable and the police service board, the Solicitor General or the entity prescribed by the regulations, as the case may be, with respect to the amount to be paid by the person, the police service board, the Solicitor General or the entity, as the case may be, may certify the amount of the recoverable costs, and the costs shall be paid by the person.

Recovery of amount

(7) The amount owed by a person, if not collected by other means, may be recovered by a court action as a debt due to the police service board, the Solicitor General or the entity prescribed by the regulations, as the case may be.

Dispute

(8) A debtor may dispute the amount claimed in a court action commenced under subsection (7) and the court shall determine the issue and make such other order as it considers appropriate in the circumstances.

Definitions

(9) In this section,

“police service” and “police service board” have the same meanings as in the Community Safety and Policing Act, 2019.

Regulations

14 The Lieutenant Governor in Council may make regulations,

(a)  prescribing anything referred to in section 5 as being provided for by the regulations;

(b)  prescribing entities for the purposes of section 13 as well as who may recover costs for those entities for the purposes of clause 13 (5) (c);

(c)  prescribing costs for the purposes of subsection 13 (3).

15 Omitted (provides for coming into force of provisions of this Act).

16 Omitted (enacts short title of this Act).