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Bill 223, Safer Streets, Stronger Communities Act, 2024

Kerzner, Hon. Michael S. Solicitor General

Royal Assent received. Statutes of Ontario 2024,

chapter 27

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Bill 223 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 223 and does not form part of the law.

Bill 223 has been enacted as

Chapter 27 of the Statutes of Ontario, 2024.

SCHEDULE 1

CANNABIS CONTROL ACT, 2017

The

Schedule amends the Cannabis Control Act, 2017 to

add a new prohibition respecting the advertisement or promotion of cannabis

that is sold unlawfully, along with a related penalty if a person is convicted

of contravening the prohibition.

SCHEDULE 2

CHANGE OF NAME ACT

The

Schedule amends the Change

of Name Act to provide that certain persons are ineligible to change

their name. The persons who are ineligible are those who are required to comply

with

section 3 of Christopher’s Law (Sex Offender

Registry), 2000 or who would be required but for certain exceptions.

Also ineligible are those who have been found guilty, or not criminally

responsible, of a prescribed criminal offence.

Consequential

amendments are made to Christopher’s Law (Sex Offender

Registry), 2000 .

SCHEDULE 3

CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000

Section

3 of Christopher’s Law (Sex Offender Registry), 2000

currently requires offenders to report information to a police service within a

prescribed period after certain events occur. The Act is amended to expand the

list of events to include an offender being ordered to serve a conditional

sentence, an offender receiving a driver’s licence or passport and an offender

beginning to use or making a change with respect to an email address, a user

used for the purpose of communicating on the internet. Reporting requirements

are also imposed in relation to travel by an offender.

The

Lieutenant Governor in Council is given the authority to make regulations that

would allow for offenders, instead of reporting by appearing in person at a

police service, to report by complying with such requirements as may be

prescribed.

The

Act currently addresses what occurs when an offender is pardoned in respect of

a sex offence. Amendments are made to address what occurs when an offender’s

conviction in respect of the offence or finding of not criminally responsible

on account of mental disorder in respect of the offence is overturned.

Other

amendments include allowing the Minister to authorize a person to use

information contained in the sex offender registry for research or statistical

purposes, and adding various regulation-making authorities.

SCHEDULE 4

COMMUNITY CARE AND RECOVERY ACT, 2024

The

Schedule enacts the Community Care and Recovery Act, 2024 .

The

Act prohibits the establishment and operation of a supervised consumption site

at a location that is less than 200 metres from certain types of schools,

private schools, child care centres, EarlyON child and family centres and such

other premises as may be prescribed by the regulations.

The

Act also provides that municipalities and local boards are precluded from

applying for an exemption from the Controlled Drugs and

Substances Act (Canada) for the purpose of decriminalizing the personal

possession of a controlled substance or precursor.

Finally,

limits are imposed on the power of municipalities and local boards to make

specified applications respecting supervised consumption sites and safer supply

services. Municipalities and local boards may only make such applications or

support such applications if they have obtained the approval of the provincial

Minister of Health.

SCHEDULE 5

COMMUNITY SAFETY AND CRIME PREVENTION MONTH ACT, 2024

The

Schedule enacts the Community Safety and Crime Prevention

Month Act, 2024 .

The

Act proclaims the month of November in each year as Community Safety and Crime

Prevention Month.

SCHEDULE 6

COMMUNITY SAFETY AND POLICING ACT, 2019

The

Schedule amends the Community Safety and Policing Act,

2019 with respect to various matters, including the following:

Section

3 is amended to give the Minister the power to issue awards related to

policing.

2. Currently,

section 19 of the Act allows police service boards to request temporary

assistance in providing adequate and effective policing from another police service

board, the Commissioner of the Ontario Provincial Police or an entity that

employs First Nation Officers.

Section 19 also allows chiefs of police to

request emergency assistance if they are of the opinion that an emergency

exists in the area for which they have policing responsibility. Subsections 19

(1) to (6) are re-enacted and other amendments are made to

section 19 to remove

the notion of emergency assistance and provide that chiefs of police, rather

than police service boards, may request temporary assistance from another chief

of police or an entity that employs First Nation Officers.

3. Amendments

are made to sections 35, 83, 85, 91, 92, 95 and 101 with respect to the timing

of oaths and affirmations of office and the issuance of certificates of

appointment.

4. Subsection

261 (1) is amended to authorize the Lieutenant Governor in Council to make

regulations, for the purposes of subsection 10 (2), determining an area for

which a municipal board has policing responsibility in a manner other than in

accordance with

Part IV. A consequential amendment is made to subsection 10

(2).

SCHEDULE 7

COURTS OF JUSTICE ACT

Subsection

44 (2) of the Courts of Justice Act specifies that

part-time service as a provincial judge by a former provincial judge who had

retired cannot exceed 50 per cent of full-time service in a calendar year. The

Schedule amends the subsection to provide that the limits on part-time service

are to be determined by regulations made under the Act. The necessary

regulation-making authority is added to subsection 53 (1) of the Act.

SCHEDULE 8

HIGHWAY TRAFFIC ACT

Various

amendments are made to the Highway Traffic Act .

Some highlights include:

1. An

amendment provides that it is an offence to knowingly submit, display, present

or surrender a false vehicle identification number for a motor vehicle in

certain documents.

2. The

Act is amended to provide that the Registrar may issue a CVOR certificate

the holder of the certificate to do certain things relating to its safety

practices, and may attach, remove or vary such conditions on an existing

certificate at any time. The Act also enacts enforcement measures relating to

3. The

Act is also amended to provide that a person may appeal certain decisions

relating to CVOR certificates within 30 days. Currently, the Act sets out no

timeline for making such appeals.

4. An

amendment permits administrative penalties to be imposed on a CVOR certificate

holder who receives a prescribed safety rating.

5. Currently,

section 130 of the Act provides that the offence of driving carelessly applies

to a person driving on a highway. The

section is amended to provide that the

offence also applies in respect of specified places, and to add a limitation

period of two years on instituting proceedings for the offence.

SCHEDULE 9

LIMITATIONS ACT, 2002

The

Schedule amends

section 16 of the Limitations Act, 2002

to provide that proceedings under subsection 4 (1) of the Justice

for Victims of Terrorism Act (Canada) are not subject to a limitation

period and to specify related transitional rules.

Bill 223 2024

Act to enact two Acts and to amend various Acts with respect to public safety

and the justice system

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Cannabis

Control Act, 2017

Schedule 2

Change

of Name Act

Schedule 3

Christopher’s

Law (Sex Offender Registry), 2000

Schedule 4

Community

Care and Recovery Act, 2024

Schedule 5

Community

Safety and Crime Prevention Month Act, 2024

Schedule 6

Community

Safety and Policing Act, 2019

Schedule 7

Courts

of Justice Act

Schedule 8

Highway

Traffic Act

Schedule 9

Limitations

Act, 2002

Preamble

The

Government of Ontario:

Believes

in keeping Ontario communities safe through supported and accountable policing

and an efficient and effective justice system.

taking action to protect children, families and people struggling with

addiction by restricting supervised consumption sites, in line with its belief

that addictions treatment is the best way to achieve lasting recovery.

committed to fighting auto theft and careless driving in Ontario with enhanced

oversight of commercial motor vehicles and stronger penalties.

working to give police the tools that will assist them in keeping our communities

safe from sex offenders.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Except as otherwise provided in this

section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at different

times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Safer Streets, Stronger Communities Act, 2024 .

SCHEDULE 1

CANNABIS CONTROL ACT, 2017

The Cannabis Control Act, 2017 is amended by adding

the following section:

Advertising

or promotion of unlawful sale of cannabis

8.2 No person shall

knowingly advertise or promote the sale of cannabis by a person or entity that

is not authorized to produce, sell or distribute cannabis under this Act or the

Cannabis Act (Canada).

Subsections 23 (2) and (3) of the Act are amended by striking out “section 6 or

13” wherever it appears and substituting in each case “section 6, 8.2 or 13”.

Commencement

This

Schedule comes into force on the day the Safer

Streets, Stronger Communities Act, 2024 receives Royal Assent.

SCHEDULE 2

CHANGE OF NAME ACT

The Change of Name Act is amended by adding the

following section:

Sex

Offenders, etc.

Ineligibility

5.1

(1) The

following persons are ineligible to have a change of name under any provision

of this Act, except if an exception set out in the regulations applies:

1. A

person required under

section 7 of Christopher’s Law (Sex

Offender Registry), 2000 to comply with

section 3 of that Act.

2. A

person who would be required under

section 7 of Christopher’s

Law (Sex Offender Registry), 2000 to comply with

section 3 of that Act but

for the application of subsection 7 (2) or (3) of that Act.

3. A

person who has been,

i. found

guilty of a prescribed criminal offence, or

ii. found

not criminally responsible of a prescribed criminal offence on account of

mental disorder.

Exception

(2) Subsection

(1) does not apply in respect of,

(

a) a

change of name that has been certified as described in subsection 8 (2) by the

Attorney General or a person authorized by the Attorney General; or

(

b) a

revocation under

section 10 of a change of name that has been obtained by fraud

or misrepresentation or for an improper purpose.

Notice

(3) The

Registrar General shall inform a person who seeks a change of name but is

ineligible under this

section of their ineligibility and the reason for their

ineligibility or, if the change of name was applied for under subsection 5 (1),

the Registrar General shall inform the applicant.

Transition

(4) This

Act, as it read immediately before the day

section 1 of

Schedule 2 to the Safer Streets, Stronger Communities Act, 2024 came into

force, continues to apply with respect to an election or application submitted

to the Registrar General before that day.

Repeal

(5) Subsection

(4) and this subsection are repealed six months after the day

section 1 of

Schedule

2 to the Safer Streets, Stronger Communities Act, 2024

came into force.

Subsection 7.1 (1) of the Act is amended by adding “and whether the person is a

person described in subsection 5.1 (1)” after “subsection 6 (10)”.

Section 13 of the Act is amended by adding

the following subsection:

Same

(2) The

Lieutenant Governor in Council may make regulations providing for exceptions

from this Act or any provision of this Act, and making such exceptions subject

to any conditions provided for in the regulations.

Christopher’s

Law (Sex Offender Registry), 2000

Christopher’s Law (Sex Offender Registry), 2000 is

amended by adding the following section:

Disclosure exception, Change

of Name Act

10.1

(1) An

employee of or person authorized by the ministry for the purposes of this

section shall have access to the sex offender registry at any time and may

collect, retain and use information obtained from the sex offender registry for

the purposes of

section 7.1 of the Change of Name Act .

Same

(2) An

employee of or person authorized by the ministry for the purposes of this

section may disclose information contained in the sex offender registry to the

Registrar General, as defined in

section 1 of the Change

of Name Act , for the purposes of

section 7.1 of that Act, and the

Registrar General may collect, retain and use the information for the purposes

of that Act.

Same

(3) Any

disclosure of personal information made under subsection (1) or (2) shall be

deemed to be in compliance with clauses 42 (1) (

e) of the Freedom

of Information and Protection of Privacy Act and 32 (

e) of the Municipal Freedom of Information and Protection of Privacy Act .

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 3

CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000

Registry), 2000 is amended by striking out “his or her” wherever it

appears and substituting in each case “their”.

(1) Subsection 1 (1) of the Act is amended by adding the following

definition:

“Minister”

means the Solicitor General or such other member of the Executive Council as

may be assigned the administration of this Act under the Executive

Council Act ; (“ministre”)

(2) The

definition of “ministry” in subsection 1 (1) of the Act is repealed and the

following substituted:

“ministry”

means the Ministry of the Minister; (“ministère”)

(3) Clause

(b.1) of the definition of “sex offence” in subsection 1 (1) of the Act is

repealed and the following substituted:

(b.1) an

offence referred to in paragraph (

b) or (

f) of the definition of “designated

offence” in subsection 490.011 (1) of the Criminal Code

(Canada), as it read on October 25, 2023, in respect of which an order in Form

52 was made under subsection 490.012 (2) of that Act as it read on that date,

(b.1.1) an

offence referred to in the definition of “secondary offence” in subsection

490.011 (1) of the Criminal Code (Canada) for which

an order has been made under

section 490.012 of that Act,

(4) Subsection

1 (1) of the Act is amended by adding the following definition:

“sex

offence against a child” means,

(

a) a

sex offence that is committed against a person who is under 18 years of age and

as a result of which the offender is required to comply with the Sex Offender Information Registration Act ( Canada) , or

(

b) an

offence that is committed outside Canada against a person who is under 18 years

of age and as a result of which the offender is required to comply with the Sex Offender Information Registration Act (Canada) ; (“infraction sexuelle

visant un enfant”)

(5) Section 1 of the Act is amended by

adding the following subsection:

Same

(4) For

the purposes of this Act, if an offender is released from custody as a result

of being credited with remission within the meaning of the Ministry of Correctional Services Act , the custodial

portion of the sentence ends as of the day of the offender’s release as a

result of the remission.

(1) Subsection 3 (1) of the Act is amended by striking out the

portion before clause (

a) and substituting the following:

(1) Every

offender who is resident in Ontario shall appear in person at a designated

bureau, police station or detachment of the police service that provides

policing where the offender resides or at another place in the area where the

police service provides policing designated by that police service,

(2) The

or she” wherever it appears and substituting in each case “the offender”.

(3) Subsection

3 (1) of the Act is amended by adding the following clauses:

(a.2.1) within

the prescribed period after the offender is ordered to serve a conditional

sentence;

. . . .

(c.2) within

the prescribed period after the offender receives a driver’s licence;

(c.3) within

the prescribed period after the offender receives a passport;

(c.4) within the prescribed period after the

offender starts using a new email address or a new user name associated with a

user name;

(c.5) within

the prescribed period after the offender starts using a new prescribed digital

identifier for the purpose of communicating through the internet or makes a

change with respect to such a digital identifier;

. . . .

(e.3) subject

to clause (e.4), at least 14 days before departing for travel if the offender

expects not to be at their main residence or any of their secondary residences

for a period of seven or more consecutive days;

(e.4) in

the case of an offender who is convicted of a sexual offence against a child,

at least 14 days before departing for travel to a location outside Canada,

regardless of the expected duration of their absence;

(e.5) subject

to clause (e.6), within seven days after departing for travel if the offender

decides after departing to not be at their main residence or any of their

secondary residences for a period of seven or more consecutive days or if the

offender has not appeared in person as required under clause (e.3);

(e.6) in

the case of an offender who is convicted of a sexual offence against a child,

without delay after departing for travel to a location outside of Canada if the

offender decides after departing to extend their stay beyond the date of return

that was indicated when appearing in person under clause (e.4) or if the

offender did not appear in person as required under clause (e.4);

(e.7) before departing for travel if there is

a change in any information provided under clause (e.3) or (e.4) that occurs

before departing;

(e.8) if

there is a change in any information provided under clause (e.3), (e.4), (e.5)

or (e.6) after departing for travel,

(

i) within

seven days after the date on which the change occurs, or

(ii) in

the case of an offender to whom clause (e.4) or (e.6) applies, without delay

after the date on which the change occurs;

(4) Clauses

3 (1) (

f) and (

g) of the Act are amended by striking out “presented himself or

herself to a police service” wherever it appears and substituting in each case

“appeared in person at a police service”.

(5) Section

3 of the Act is amended by adding the following subsections:

Exception

(1.0.1) Despite

a requirement under subsection (1) for an offender to appear in person at a

location, an offender is not required to appear in person at a location if the

following criteria are satisfied:

1. The

clause of subsection (1) in respect of which the requirement applies to the

offender is a prescribed provision in a regulation made under clause 14 (h.2).

2. The

offender complies with the requirement prescribed in a regulation made under

clause 14 (h.3) in respect of the prescribed provision.

Interpretation

(1.0.2) In

circumstances in which a clause of subsection (1) is a prescribed provision as

described in paragraph 1 of subsection (1.0.1), any reference to appearing in

person at a location shall be read to include complying with the applicable

requirement prescribed as described in paragraph 2 of subsection (1.0.1).

. . . .

Same

(1.3) Clauses

(1) (a.2.1), (c.2) and (c.3) apply only if the event referred to in them occurs

on or after the day this subsection came into force.

Exception

(1.4) If

a member of a police service is satisfied that there was a reasonable excuse

for an offender failing to comply with clause (1) (e.3) or (e.4), the offender

is exempt from the requirement to comply within 14 days with the applicable clause

and the offender shall instead comply as soon as feasible before departing for

travel.

(6) Subsection

3 (2) of the Act is amended by striking out “Upon presenting himself or

herself” at the beginning and substituting “Upon appearing in person”.

(7) Subsection

3 (3) of the Act is amended by,

(

a) striking

out “subsection (1), subsection 7 (2) and subsection 9 (1)” and substituting

“subsections (1), 7 (2), 9 (1) and 9.0.1 (1)”; and

(

b) striking

out “present themselves” wherever it appears and substituting in each case

“appear in person”.

(8) The

or she” and substituting “the person”.

Subsection 4 (2) of the Act is repealed and the following substituted:

Verification

of address

(2) Subject

to the regulations, the police service shall make reasonable efforts to verify

an offender’s address, as provided to the police service by the offender, at

least once after the offender last appeared in person at the police service

under subsection 3 (1).

striking out “him or her” and substituting “the offender”.

(2) The

the offender believes any information about him or her in the sex offender

registry is incorrect, he or she shall” and substituting “If the offender

believes that any information about the offender in the sex offender registry

is incorrect, the offender shall”.

striking out “he or she” wherever it appears and substituting in each case “the

offender”.

(2) Subsection

7 (2) of the Act is amended by,

(

a) adding

“Subject to any regulations made under clause 14 (h.4)” at the beginning; and

(

b) striking

out “present himself or herself” and substituting “appear in person”.

(3) Section

7 of the Act is amended by adding the following subsections:

Exception

(2.0.1) Despite

the requirement under subsection (2) for an offender to appear in person at a

location, an offender is not required to appear in person at a location if the

following criteria are satisfied:

1. Subsection

(2) is a prescribed provision in a regulation made under clause 14 (h.2).

2. The

offender complies with the requirement prescribed in a regulation made under

clause 14 (h.3) in respect of subsection (2).

Interpretation

(2.0.2) In

circumstances in which subsection (2) is a prescribed provision as described in

paragraph 1 of subsection (2.0.1), the reference in subsection (2) to appearing

in person at a location shall be read to include complying with the applicable

requirement prescribed as described in paragraph 2 of subsection (2.0.1).

(4) Subsection

7 (4) of the Act is repealed and the following substituted:

Reporting

requirement ceases to apply

(4) An

offender is no longer required to comply with

section 3 in relation to a sex

offence for which this Act would be made applicable to the offender under

section 8 if one of the following circumstances applies:

1. The

offender provides, in accordance with

section 9, proof of a pardon in respect

of the offence.

2. The

offender provides, in accordance with

section 9.0.1, proof of one of the

following being overturned, as the case may be:

i. The

conviction in respect of the offence.

ii. The

finding of not criminally responsible on account of mental disorder in respect

of the offence.

striking out “he or she” wherever it appears and substituting in each case “the

offender”.

(2) Section

8 of the Act is amended by adding the following subsections:

Same

(1.3.1) Despite

subsection (1), clauses 3 (1) (a.2.1), (c.2) and (c.3) apply to every offender

anywhere in Canada who, on or after the day subsection 7 (2) of

Schedule 3 to

the Safer

Streets, Stronger Communities Act, 2024 comes into force,

(

a) received

a conditional sentence order for a sex offence, in the case of clause 3 (1)

(a.2.1);

(

b) received

a driver’s licence, in the case of clause 3 (1) (c.2); or

(

c) received

a passport, in the case of clause 3 (1) (c.3).

Same

(1.3.2) Despite

subsection (1), clauses 3 (1) (c.4) and (c.5) apply in accordance with the

regulations.

Same

(1.3.3) Despite

subsection (1), clauses 3 (1) (e.3) to (e.8) apply to every offender anywhere

in Canada who, on or after the fourteenth day after subsection 7 (2) of

Schedule 3 to the Safer Streets, Stronger Communities Act, 2024 comes into force,

departs for travel.

(3) Subsection

8 (1.4) of the Act is repealed and the following substituted:

Same

(1.4) Despite

subsection (1) and

section 7, and subject to any other reporting requirement

under this Act, this Act applies to an offender anywhere in Canada who, on or

after May 12, 2008, becomes subject to an order in Form 52 made under subsection

490.012 (2) of the Criminal Code (Canada), as it

read on or before October 25, 2023, for as long as the order is in force.

(4) Section

8 of the Act is amended by adding the following subsection:

Same

(1.7) Despite

subsection (1) and

section 7, and subject to any other reporting requirement

under this Act, this Act applies to an offender anywhere in Canada who, on or

after the day subsection 7 (4) of

Schedule 3 to the Safer

Streets, Stronger Communities Act, 2024 comes into force, becomes subject to an order

made under

section 490.012 of the Criminal Code (Canada)

in respect of an offence referred to in the definition of “secondary offence”

in subsection 490.011 (1) of that Act for as long as the order is in force.

Subsection 9 (1) of the Act is repealed and the following substituted:

Proof

of pardon

(1) An

offender who receives a pardon for a sex offence may provide proof of the

pardon to a police service by,

(

a) appearing

in person at a designated bureau, police station or detachment of the police

service that provides policing where the offender resides or at another place

in the area where the police service provides policing designated by that

police service; or

(

b) taking

such other steps as may be prescribed by the regulations.

The Act is amended by adding the following section:

Conviction

or finding overturned

9.0.1

(1) This

section applies in respect of an offender if the offender’s conviction or the

offender’s finding of not criminally responsible on account of mental disorder

in respect of a sex offence is overturned.

Proof

(2) An

offender to whom this

section applies may provide proof of the conviction or

finding being overturned to a police service by,

(

a) appearing

in person at a designated bureau, police station or detachment of the police

service that provides policing where the offender resides or at another place

in the area where the police service provides policing designated by that

police service; or

(

b) taking

such other steps as may be prescribed by the regulations.

Information

submitted to ministry

(3) If

the person authorized by the police service to receive the proof mentioned in

subsection (2) is satisfied that the conviction or finding, as the case may be,

was overturned, the police service shall advise the ministry accordingly.

Section 9.1 of the Act is repealed and the following substituted:

Offender

deleted from registry

Pardon

9.1

(1) If an offender receives a pardon

of the type described in clause (

a) or (

b) of the definition of “pardon” in

subsection 1 (1) in respect of a sex offence for which this Act is made

applicable to the offender, the ministry shall delete every reference to and

record of the offender from the sex offender registry in respect of that sex

offence.

Conviction

or finding overturned

(2) If

an offender’s conviction or finding in respect of a sex offence for which this

Act is made applicable to the offender is overturned, the ministry shall

delete every reference to and record of the offender from the sex offender

registry in respect of that sex offence.

Time

limit

(3) The

ministry shall, 50 years after the death of an offender, delete every reference

to and record of the offender from the sex offender registry.

(1) Subsection 10 (1) of the Act is amended by striking out

“subsections (2) and (3)” and substituting “subsections (2), (3) and (3.1)”.

(2) Section

10 of the Act is amended by adding the following subsections:

Same,

research

(3.1) The

Minister may authorize a person to consult information contained in the sex

offender registry, compare the information with other information or, by

electronic means, combine the information with, or link it to, any other

information contained in a computer system for research or statistical

purposes.

Conditions

(3.2) The

Minister shall not provide the authorization under subsection (3.1) unless the

Minister,

(

a) is

satisfied that the research or statistical purposes cannot reasonably be

accomplished without consulting the information or without comparing or

combining the information with, or linking it to, the other information, as the

case may be; and

(

b) obtains

from the person a written undertaking that no subsequent disclosure of the

information or of any information resulting from the comparison or combination

of the information with, or the linking of the information to, other

information will be made, or be allowed to be made, in a form that could

reasonably be expected to identify any individual to whom it relates.

(3) Subsection

10 (4) of the Act is amended by striking out “subsection (2) or (3)” and

substituting “subsection (2), (3) or (3.1)”.

she” wherever it appears and substituting in each case “the offender”.

Subsection 12 (1) of the Act is amended by striking out “the Minister of

Community Safety and Correctional Services” and substituting “any current or

former member of the Executive Council”.

Section 14 of the Act is amended by adding the following clauses:

(c.1) prescribing

what constitutes a change in address for the purposes of clause 3 (1) (c);

(c.2) for

the purposes of clauses 3 (1) (c.4) and (c.5), governing the types of changes

in respect of which those clauses apply;

(c.3) prescribing

digital identifiers for the purposes of clause 3 (1) (c.5);

(c.4) governing

the verification of addresses under subsection 4 (2);

. . . .

(h.1) prescribing circumstances in which an

offender is not required to comply with

section 3, either on a temporary or

permanent basis, due to their physical or mental capacity;

(h.2) prescribing

provisions of this Act for the purposes of paragraph 1 of subsection 3 (1.0.1)

and paragraph 1 of subsection 7 (2.0.1);

(h.3) prescribing

requirements in respect of prescribed provisions of this Act for the purposes

of paragraph 2 of subsections 3 (1.0.1) and 7 (2.0.1);

(h.4) with

respect to an offender who is serving the custodial portion of a sentence

intermittently in respect of an offence other than a sex offence,

(

i) providing

that subsection 7 (2) does not apply,

(ii) governing

timing of compliance with subsection 3 (1), which may include requiring the

offender to comply with subsection 3 (1) within a prescribed period instead of

the applicable period prescribed under subsection 3 (1);

(h.5) for

the purposes of subsection 8 (1.3.2), governing the application of clauses 3

(1) (c.4) and (c.5);

(h.6) prescribing

steps for the purposes of clauses 9 (1) (

b) and 9.0.1 (1) (b);

Commencement

(1) Except as otherwise provided in this

section, this

Schedule comes into force on the day the Safer

Streets, Stronger Communities Act, 2024 receives Royal Assent.

(2) Sections

1 to 10 and 12 to 14 come into force on a day to be named by proclamation of

the Lieutenant Governor.

SCHEDULE 4

COMMUNITY CARE AND RECOVERY ACT, 2024

CONTENTS

Definitions

Prohibition

re location of supervised consumption site

Limit

on power of municipalities, local boards

Regulations

Amendment

to this Act

Commencement

Short

title

Definitions

1 In this Act,

“child

care centre” means a child care centre within the meaning of the Child Care and Early Years Act, 2014 ; (“ centre de

garde ”)

“controlled

substance” means a controlled substance within the meaning of the Controlled Drugs and Substances Act (Canada); (“ substance

désignée ”)

“designated

premises” means,

(

a) a

school, other than a school at which the only programs provided are adult

education programs,

(

b) a

private school, other than,

(

i) a

private school located on a reserve, or

(ii) a

private school that only offers classes through the internet,

(

c) a

child care centre, other than a child care centre located on a reserve,

(

d) an

EarlyON child and family centre, other than an EarlyON child and family centre

located on a reserve, or

(

e) a

prescribed premises; (“ lieu désigné ”)

“EarlyON child and family centre” means a

centre of that name, administered by a service system manager within the

meaning of the Child Care and Early Years Act, 2014 ,

offering programs for families and children; (“ centre pour l’enfant et

la famille ON y va ”)

“Health

Canada” means the federal Minister of Health and the Department over which that

Minister presides; (“Santé Canada”)

“local

board” means a local board within the meaning of

section 1 of the Municipal Affairs Act ; (“conseil local”)

“Minister”

means the Minister of Health or any other member of the Executive Council to

whom responsibility for the administration of this Act is assigned or

transferred under the Executive Council Act ; (“ ministre ”)

“precursor”

means a precursor within the meaning of the Controlled

Drugs and Substances Act (Canada); (“ précurseur ”)

“prescribed”

means prescribed by the regulations; (“ prescrit ”)

“private

school” means a private school within the meaning of the Education

Act ; (“ école

privée ”)

“regulations”

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

“reserve”

means a reserve as defined in subsection 2 (1) of the Indian

Act (Canada) or an Indian settlement located on Crown land, the Indian

inhabitants of which are treated by Indigenous and Northern Affairs Canada in

the same manner as Indians residing on a reserve; (“ réserve ”)

“safer

supply services” means the prescribing of medications by a legally qualified medical practitioner as an

alternative to a controlled substance or precursor; (“ services d’approvisionnement plus sécuritaire ”)

“school”

means a school within the meaning of the Education Act ;

(“école”)

“supervised

consumption site” means a site in respect of which the federal Minister of

Health has granted an exemption to allow activities at the site in relation to

a controlled substance or precursor that is obtained in a manner not authorized

under the Controlled Drugs and Substances Act

(Canada),

(

a) under

section 56.1 of the Controlled Drugs and Substances Act

(Canada), in circumstances where the federal Minister of Health is of the

opinion that the exemption is necessary for a medical purpose, or

(

b) under

subsection 56 (1) of the Controlled Drugs and Substances

Act (Canada), in circumstances where the federal Minister of Health is

of the opinion that the exemption is necessary for a scientific purpose or is

otherwise in the public interest. (“ site de consommation supervisée ”)

Prohibition

re location of supervised consumption site

(1) Subject to subsection (4), no person shall

establish or operate a supervised consumption site at a location that is less

than 200 metres, measured in accordance with subsection (2), from a designated

premises.

Measurement

(2) Subject

to the regulations, the distance mentioned in subsection (1) shall be measured

in accordance with the following rules:

1. The

distance shall be measured from the geometric centre of the building in which a

supervised consumption site is located.

2. In

the case of a school, the distance shall be measured to the door primarily used

by the public to enter the building in which the school is located for the

purpose of accessing the area where the school operates.

3. In the case of a private school, the distance shall be

measured from,

i. the

centre of the building in which the school is located, as determined by the

private school and made available on a Government of Ontario website, or

ii. if

the private school is located only in a portion of a building, the centre of

the portion of the building in which the school is located, as determined by

the private school and made available on a Government of Ontario website.

4. In

the case of a child care centre or EarlyON child and family centre, the

distance shall be measured to the geographic coordinates of the street address

of the child care centre or EarlyON child and family centre, determined through

the use of software or a web service that implements an address geocoding

process.

5. In

the case of a premises prescribed for the purposes of clause (

e) of the

definition of “designated premises” in

section 1, the distance shall be

measured to the point specified in the regulations.

6. If

the measurement results in a number of metres that is not a whole number, the

number shall be rounded up to the nearest whole number.

Geocoding

(3) If

the regulations provide for a specific software or web service for the purposes

of paragraph 4 of subsection (2), the distance to a child care centre or

EarlyON child and family centre shall be measured using the prescribed software

or web service.

Exception

(4) If

a private school began providing instruction or a child care centre began

operating after the day the Safer Streets, Stronger

Communities Act, 2024 received Royal Assent, subsection (1) does not

apply to a supervised consumption site with respect to the private school or

child care centre, as the case may be, until the day that is 30 days after the day

the private school began providing instruction or the child care centre began

operating.

Same

(5) Despite

subsection (4), if the Minister specifies a day on which subsection (1) applies

to a supervised consumption site, subsection (1) applies to the supervised

consumption site as of that day.

Limit

on power of municipalities, local boards

Application

for exemption to decriminalize

(1) Subject to such exceptions as may be

prescribed, despite sections 7 and 8 of the City of

Toronto Act, 2006 and sections 9, 10 and 11 of the Municipal

Act, 2001 , a municipality or local board does not have the power to apply

to Health Canada for an exemption under subsection 56 (1) of the Controlled Drugs and Substances Act (Canada) from any

provision of that Act for the purpose of decriminalizing the personal

possession of a controlled substance or precursor.

Applications

related to supervised consumption sites, safer supply services

(2) Subject

to such exceptions as may be prescribed, despite sections 7 and 8 of the City of Toronto Act, 2006 and sections 9, 10 and 11 of

the Municipal Act, 2001 , a municipality or local

board does not have the power, without the approval of the Minister, to do any

of the following:

1. Apply

to Health Canada for an exemption or a renewal of an exemption to the Controlled Drugs and Substances Act (Canada) for the

purpose of operating a supervised consumption site.

2. Apply

to Health Canada for funding under Health Canada’s Substance Use and Addictions

Program or any other Health Canada program in respect of safer supply services,

funding under such a program in respect of safer supply services.

3. Support,

including by passing a by-law or making a resolution, an application made to

Health Canada by any other person in respect of any matter described in

paragraph 1 or 2.

Regulations

4 The Lieutenant Governor in Council may make regulations,

(

a) prescribing

anything that is referred to in this Act as prescribed or as otherwise dealt

with in the regulations;

(

b) defining

or clarifying the meaning of any word or expression used in this Act that is

not otherwise defined in this Act.

Amendment

to this Act

Section 4 of the Act is amended by adding the following

clause:

(

c) varying,

for specified circumstances, how the distance mentioned in subsection 2

(1) shall be measured under subsection 2 (2).

Commencement

(1) Except as otherwise provided in this

section, the Act set out in this

Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives

Royal Assent.

(2) Sections

2 and 5 come into force on the later of April 1, 2025 and the day the Safer Streets, Stronger Communities Act, 2024 receives

Royal Assent.

Short

title

7 The

short title of the Act set out in this

Schedule is

the Community Care and Recovery Act, 2024 .

SCHEDULE 5

COMMUNITY SAFETY AND CRIME PREVENTION MONTH ACT, 2024

Preamble

By proclaiming the month of November as Community Safety and

Crime Prevention Month, the Province of Ontario recognizes the critical

importance of raising awareness about community safety and preventing crime.

With this step, the Province of Ontario joins other jurisdictions as well as

groups across Canada that mark November as Community Safety and Crime

Prevention Month.

The

Province of Ontario also recognizes the importance of advancing community

safety and tackling crime. Proclaiming November as Community Safety and Crime

Prevention Month creates the opportunity for Ontarians to come together to

appreciate the people working on the frontlines to improve community safety and

prevent crime, raise awareness about community safety and recognize the

important local partnerships and action that keep our communities safe.

Community

Safety and Crime Prevention Month

1 The month of November in each year is proclaimed as

Community Safety and Crime Prevention Month.

Commencement

2 The Act set out in this

Schedule comes into force on the

day the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.

Short

title

3 The

short title of the Act set out in this

Schedule is

the Community Safety and Crime Prevention Month Act, 2024 .

SCHEDULE 6

COMMUNITY SAFETY AND POLICING ACT, 2019

(1) The definition of “Minister” in subsection 2 (1) of the Community Safety and Policing Act, 2019 is amended by

striking out “Minister of Community Safety and Correctional Services” and

substituting “Solicitor General”.

(2) Subsection

2 (1) of the Act is amended by adding the following definition:

“prescribed

entity” means an entity that is prescribed to provide a policing function in an

area in accordance with

section 14; (“ entité prescrite ”)

Section 3 of the Act is amended by adding the following subsection:

Power

to issue awards

(4) The

Minister may issue awards related to policing, including awards for long

service.

Subsection 10 (2) of the Act is amended by adding “Subject to the regulations”

at the beginning.

(1) Subsections 19 (1) to (6) of the Act are repealed and the

following substituted:

Request

for temporary assistance

(1) A

chief of police may request temporary assistance in providing adequate and

effective policing from another chief of police or an entity that employs First

Nation Officers.

Temporary

assistance notice

(2) If

a chief of police makes a request for temporary assistance under this section,

the chief of police shall provide notice of the request as soon as possible to,

(

a) the

Inspector General; and

(

b) the

police service board of the chief of police or, in the case of a request made

by the Commissioner, the Minister.

Content

of notice

(3) The

notice provided under subsection (2) shall include,

(

a) a

description of the circumstances surrounding the temporary assistance request;

(

b) the

policing functions that are requested;

(

c) the

timeframe for the provision of the assistance;

(

d) the

extent of the assistance required;

(

e) whether

the chief of police or entity that employs First Nation Officers that is

receiving the request has agreed to provide the assistance, in whole or in

part;

(

f) the

anticipated financial implications as a result of obtaining the assistance; and

(

g) any

other prescribed matters.

Notice

of change

(4) If

a change occurs in any of the matters listed under subsection (3) after the

notice of request for temporary assistance has been provided, the chief of

police shall provide notice of the change as soon as possible to,

(

a) the

Inspector General; and

(

b) the

police service board of the chief of police or, in the case of a request made

by the Commissioner, the Minister.

Assessment

upon receiving notice

(5) Upon

receiving a notice of request for temporary assistance under subsection (2) or

a notice of change under subsection (4), the police service board of the chief

of police or the Minister, as the case may be, shall determine,

(

a) whether

the ability to request temporary assistance is used or is anticipated to be

used on a recurring basis to ensure adequate and effective policing is

provided; and

(

b) whether

the policing functions for which temporary assistance is requested to be

provided may need to be the subject of an agreement under subsection 14 (1) or

(2) in order to ensure adequate and effective policing is provided and that

section 13 is complied with.

Rules

re providing temporary assistance

(6) The

following rules apply to requests for temporary assistance made under this

section:

1. If

the request is made to the Commissioner, the Commissioner shall provide such

temporary assistance as the Commissioner considers necessary and shall stop

providing the assistance when the Commissioner considers it is appropriate to

do so.

2. If

the request is made to a chief of police other than the Commissioner or to an

entity that employs First Nation Officers, the chief or entity may,

i. decline

to provide assistance, or

ii. provide

such temporary assistance as the chief or entity considers necessary and stop

providing the assistance when the chief or entity considers it is appropriate

to do so.

Notice

after assistance by chief of police has stopped

(6.1) A

chief of police who provided temporary assistance shall, after the assistance

has stopped, provide notice to the Inspector General and the chief’s police

service board or, if the chief is the Commissioner, to the Minister, with the

following information:

1. The

chief of police’s decision to provide temporary assistance.

2. Whether

the request for temporary assistance was fulfilled in whole or in part.

3. The

financial implications of providing assistance.

4. Any

other prescribed matters.

Notice

after assistance by entity that employs First Nation Officers has stopped

(6.2) If

the temporary assistance was provided by an entity that employs First Nation

Officers, the chief of police who requested the assistance shall, after the

assistance has stopped, provide notice to the Inspector General with the

following information:

1. Whether

the request for temporary assistance was fulfilled in whole or in part by the

entity.

2. The

financial implications of providing assistance for the entity, if known.

3. Any

other prescribed matters.

(2) Subsection

19 (7) of the Act is amended by striking out “or emergency”.

(3) Subsection

19 (8) of the Act is repealed and the following substituted:

Cost,

police service board or entity

(8) If

no agreement has been entered into with respect to the cost of the temporary assistance

provided under this section, the police service board of the chief of police,

or entity that employs First Nation Officers, that provided the assistance may

certify the cost of the assistance provided, and the cost shall be paid by the

police service board of the chief of police who requested the assistance or, in

the case of a request made by the Commissioner, by the Minister.

(4) Subsection

19 (9) of the Act is amended by striking out “or emergency”.

(5) Subsection

19 (11) of the Act is amended by striking out “or emergency”.

(6) Subsection

19 (12) of the Act is repealed.

Subsection 35 (1) of the Act is amended by striking out “at the time of his or

her appointment as a member of the board” and substituting “before exercising

the powers or performing the duties of a member of the board”.

Subsection 83 (4) of the Act is repealed and the following substituted:

Certificate

of appointment

(4) The

police service board or the Commissioner shall issue a certificate of

appointment to a person after his or her appointment as a police officer but

before the day the person begins to exercise the powers or perform the duties

of a police officer.

Subsection 85 (1) of the Act is amended by striking out “at the time of his or

her appointment” and substituting “before exercising the powers or performing

the duties of a police officer”.

Subsection 91 (8) of the Act is amended by striking out “at the time of his or

her appointment” and substituting “before exercising the powers or performing

the duties of an auxiliary member”.

Subsection 92 (6) of the Act is repealed and the following substituted:

Certificate

of appointment

(6) The

police service board or the Commissioner shall issue a certificate of

appointment to the person after his or her appointment as a special constable

but before the day the person begins to exercise the powers and perform the

duties of a special constable.

Subsection 95 (4) of the Act is amended by striking out “at the time of his or

her appointment” and substituting “before exercising the powers or performing

the duties of a special constable”.

Subsection 101 (7) of the Act is amended by striking out “at the time of his or

her appointment” and substituting “before exercising the powers or performing

the duties of a First Nation Officer”.

Subsection 107 (10) of the Act is amended by striking out “to investigate the

matter, or to investigate it further” and substituting “to investigate the

matter further”.

(1) Subsection 261 (1) of the Act is amended by adding the following

paragraphs:

5.1 for

the purposes of subsection 10 (2), determining an area for which a municipal

board has policing responsibility in a manner other than in accordance with

Part IV;

. . . .

19.1 governing

payments for policing provided by a municipal board or the Commissioner under a

regulation made under paragraph 5.1, including the cost of any necessary

equipment and facilities, and,

i. identifying

the persons who are required to pay, in whole or in part, for the costs of

those services,

ii. governing

the determination of the amounts payable for those services, which may be based

on financial capacity,

iii. governing

the payment of those amounts, including providing for the calculation and

payment of interest and penalties,

iv. governing

the collection of those amounts, including providing for payment credits and

refunds for overpayments, and

v. for

the purposes described in subparagraphs i, ii, iii and iv, establishing

different requirements for different classes of territories;

(2) Section

261 of the Act is amended by adding the following subsection:

payment owed

(1.1) For

greater certainty, a regulation made under paragraph 18, 19 or 19.1 of

subsection (1) may provide that no payments for policing provided to a

municipality or a territory without municipal organization are owed.

Commencement

14 This

Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives

Royal Assent.

SCHEDULE 7

COURTS OF JUSTICE ACT

Subsection 44 (2) of the Courts of Justice Act is

amended by striking out “50 per cent of full-time service in a calendar year”

at the end and substituting “the limits specified by the regulations made under

this Act”.

Subsection 53 (1) of the Act is amended by adding the following clause:

(

h) providing

for the limits to which service as a provincial judge on a part-time basis is

subject for the purposes of subsection 44 (2);

Commencement

3 This

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor.

SCHEDULE 8

HIGHWAY TRAFFIC ACT

Clause 5 (1) (

i) of the Highway Traffic Act is

amended by striking out “permit” and substituting “permit, CVOR certificate”.

The Act is amended by adding the following section:

False

vehicle identification number

9.1

(1) Every person who knowingly, in

or with any application, declaration, affidavit or document that is required

under this Act or by the Ministry, submits, displays, presents or surrenders a vehicle

identification number that is false, is guilty of an offence and on conviction,

in addition to any other penalty or punishment to which the person may be

liable, is liable to any of the following or any combination of the following:

1. A

fine of,

i. not

less than $50,000 and not more than $75,000, for a first conviction, and

ii. not

less than $75,000 and not more than $100,000, for each subsequent conviction.

2. Imprisonment

for a term of not more than six months.

3. Suspension

of the person’s driver’s licence for a period of not more than one year.

4. Suspension

of the person’s vehicle permit for a period of not more than one year.

Limitation

(2) No

proceeding for an offence under this

section shall be instituted more than six

years after the facts on which the proceeding is based are alleged to have

occurred.

Subsection 17 (1.1) of the Act is repealed and the following substituted:

Terms

and conditions

(1.1) The

the Registrar considers appropriate, including terms or conditions requiring

the holder of the CVOR certificate,

(

a) to

develop and implement safety practices or a remedial program;

(

b) to

pay for and successfully complete educational courses or require the

certificate holder’s drivers, employees, shareholders, officers or agents to

take and successfully complete educational courses, including educational courses

provided by or on behalf of the Ministry;

(

c) to

pay for and arrange for an assessment of the certificate holder’s safety

performance and practices by a person approved by the Registrar or to perform a

self-assessment; or

(

d) to

provide the Registrar with information and documentation to determine whether

Subsection 17.0.2 (2) of the Act is repealed and the following substituted:

Invalid

for more than 12 months

(2) The

Registrar shall refuse to renew a CVOR certificate that has been invalid for

more than 12 months before the application for renewal is received by the

Registrar.

The Act is amended by adding the following section:

Amendments

(1) The Registrar may, at any time as the

Registrar considers appropriate, amend a CVOR certificate by varying, attaching

or removing terms or conditions, including by attaching terms or conditions

requiring the holder of the CVOR certificate,

(

a) to

develop and implement safety practices or a remedial program;

(

b) to

pay for and successfully complete educational courses or require the

certificate holder’s drivers, employees, shareholders, officers or agents to

take and successfully complete educational courses, including educational courses

provided by or on behalf of the Ministry;

(

c) to

pay for and arrange for an assessment of the certificate holder’s safety

performance and practices by a person approved by the Registrar or to perform a

self-assessment; or

(

d) to

provide the Registrar with information and documentation to determine whether

Information

(2) The

Registrar may require the holder of a CVOR certificate to provide the Registrar

with information and documentation that the Registrar considers necessary to

determine whether to amend the certificate as described in subsection (1), and

the certificate holder shall comply promptly with such a requirement.

Notice

of term or condition

(3) Where

the Registrar, in amending a CVOR certificate, attaches a new term or condition

to it or varies a term or condition, the Registrar shall notify the holder of

the CVOR certificate, in writing, of the amendment together with the effective

date and a

summary of reasons.

Effective

date of term or condition

(4) An

amendment described in subsection (3) takes effect starting on the effective

date specified in the notice.

Written

submissions

(5) Within

30 days after being notified of an amendment described in subsection (3), the

holder of the CVOR certificate may make written submissions respecting the

amendment.

Decision

(6) The

Registrar shall review and consider any information submitted under subsection

(5) and shall notify the holder of the CVOR certificate, in writing, of the

decision.

right to appeal

(7) There

is no right to appeal a decision of the Registrar under this section.

Subsection 20 (2) of the Act is amended by striking out the portion before

clause (

a) and substituting the following:

Where

contravention of s. 16 (2) or 47 (8) or a term or condition

(2) A

police officer who has reason to believe that a commercial motor vehicle is

being operated in contravention of subsection 16 (2) or 47 (8) or a term or

condition of the CVOR certificate may,

. . . .

(1) Section 21.1 of the Act is amended by adding the following

subsection:

Administrative

penalty for inadequate safety rating

(2.1) If

a prescribed authorized person is satisfied that a person is or was the holder

of a CVOR certificate at the time that a prescribed safety rating is or was

assigned by the Registrar under subsection 17.1 (1) to the person, the

prescribed authorized person may, by order, impose an administrative penalty on

the person in accordance with this

section and the regulations.

(2) Subsection

21.1 (7) of the Act is repealed and the following substituted:

Appeal

(7) A

person who is subject to an order imposing an administrative penalty may, in

accordance with the regulations, appeal the order to a person prescribed for

the purpose of this subsection and the prescribed person may, in accordance

with the regulations, confirm, vary or set aside the order.

(3) Subsection

21.1 (10) of the Act is amended by striking out “$20,000” and substituting “$50,000”.

(4) Subsection

21.1 (14) of the Act is amended by adding the following clause:

(c.1) prescribing

safety ratings that may lead to the imposition of an administrative penalty

under subsection (2.1);

(5) Clause

21.1 (14) (

l) of the Act is repealed and the following substituted:

(

l) prescribing

and governing procedures for making and serving an order under this section,

including prescribing rules for service, prescribing the day on which an order

is deemed to have been received, providing that service of an order on one

person may be effective as service on another person and providing for service

on persons outside Ontario;

(6) Subclause

21.1 (14) (m) (

v) of the Act is repealed and the following substituted:

(

v) governing when a person prescribed

under clause (

d) may confirm, vary or set aside an order, including

establishing any criteria to be considered or not to be considered by the

person, and limiting the extent to which an order may be varied;

Subsection 47 (1) of the Act is amended by striking out “or” at the end of

clause (

f) and by adding the following clause:

(f.1) failure

to comply with a term or condition of the CVOR certificate; or

Subsection 47.1 (1.1) of the Act is repealed and the following substituted:

Notice

of safety record concerns

(1.1) The

Registrar may also notify an operator at any time if,

(

a) the

Registrar has reason to believe that the operator may not operate a commercial

motor vehicle safely or in accordance with this Act, the regulations or other

laws relating to highway safety; or

(

b) the

operator has failed to comply with a term or condition of the CVOR certificate.

Subsections 50 (1), (1.1) and (2) of the Act are repealed and the following

substituted:

Appeal

(1) Every person aggrieved by a

decision of the Minister made under subsection 32 (5) for which there is a

right of appeal, pursuant to a regulation made under clause 32 (14) (

n) or an

order of the Registrar under clause 47 (1) (b), may appeal the decision or

order to the Tribunal.

Same

(1.0.1) Every

person aggrieved by a decision or order of the Registrar under

section 17 or

clause 47 (1) (

a) or (

c) may appeal the decision or order to the Tribunal

within 30 days after the day the decision or order takes effect.

Immediate

suspension, cancellation of CVOR certificate not stayed

(1.1) Despite

the Statutory Powers Procedure Act , the filing of

an appeal under subsection (1.0.1) in respect of an order immediately

suspending or cancelling a CVOR certificate pursuant to subsection 47

(2.2) does not stay the order, unless the Tribunal orders otherwise.

Powers

of Tribunal

(2) The

Tribunal may confirm, modify or set aside the decision or order of the Minister

or Registrar under subsection (1) or (1.0.1).

(1) Subsection 130 (1) of the Act is repealed and the following

substituted:

Careless

driving

(1) Every

person is guilty of the offence of driving carelessly who drives a vehicle or

street car on a highway or in a specified place without due care and attention

or without reasonable consideration for other persons using the highway or

specified place.

(2) Subsection

130 (3) of the Act is repealed and the following substituted:

Careless

driving causing bodily harm or death

(3) Every

person is guilty of the offence of driving carelessly who drives a vehicle or

street car on a highway or in a specified place without due care and attention

or without reasonable consideration for other persons using the highway or

specified place and who thereby causes bodily harm or death to any person.

(3) Subsection

130 (5) of the Act is repealed and the following substituted:

Deemed

lack of reasonable consideration

(5) For

the purposes of subsections (1) and (3), and without limiting the generality of

subsections (1) and (3), a person is deemed to drive without reasonable

consideration for other persons using the highway or specified place if he or

she drives in a manner that may limit his or her ability to prudently adjust to

changing circumstances on the highway or in the specified place.

(4) Subsection

130 (6) of the Act is amended by adding “or in the specified place” at the end.

(5) Section

130 of the Act is amended by adding the following subsection:

Limitation

(7) No

proceeding for an offence under this

section shall be instituted more than two

years after the facts on which the proceeding is based are alleged to have

occurred.

(6) Section

130 of the Act is amended by adding the following subsection:

Definitions

(8) In

this section,

“driver”

means a person driving or having care, charge or control of a vehicle, whether

or not the vehicle is on a highway or in a specified place, and “drive” has a

corresponding meaning; (“conducteur”)

“specified

place” means,

(

a) any

parking lot, structure or garage, whether public or private, paved or unpaved,

flat or multilevel, above or below grade, including any driveway or road that

connects the parking lot to a highway,

(

b) any

parking lot into which drivers are expressly or impliedly invited or permitted

to enter, with or without payment, and no matter whether payment was made or

whether the driver entered with or without permission; and

(

c) any

private, commercial or industrial parking lot from which the public would

ordinarily be excluded. (“endroit précisé”)

(1) Subsection 214.1 (2) of the Act is amended by striking out “The

Minister of Community Safety and Correctional Services” at the beginning and

substituting “The Solicitor General”.

(2) Subsection

214.1 (4) of the Act is amended by striking out “the Minister of Community

Safety and Correctional Services” and substituting “the Solicitor General”.

Commencement

(1) Except as otherwise provided in this

section, this

Schedule comes into force on the day the Safer

Streets, Stronger Communities Act, 2024 receives Royal Assent.

(2) Sections

2, 3, 4, 5, 8 and 9 come into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 9

LIMITATIONS ACT, 2002

(1) Subsection 16 (1) of the Limitations Act,

2002 is amended by striking out “or” at the end of clause (j), by adding

“or” at the end of clause (

k) and by adding the following clause:

(

l) a

proceeding under subsection 4 (1) of the Justice for

Victims of Terrorism Act (Canada).

(2) Subsections

16 (1.1) and (1.2) of the Act are repealed and the following substituted:

Same

(1.1) Clauses

(1) (h), (h.1), (h.2) and (

l) apply to a proceeding whenever the act on which

the claim is based occurred or the proceeding was commenced, and regardless of

the expiry of any previously applicable limitation period.

Same

(1.2) Subsection

(1.1) does not apply in the case of a proceeding that,

(

a) has

been dismissed by a court and no further appeal is available; or

(

b) has

been settled by the parties and the settlement is legally binding.

Commencement

2 This

Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives

Royal Assent.

Bill 223 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

CANNABIS CONTROL ACT, 2017

The

Schedule amends the Cannabis Control Act, 2017 to

add a new prohibition respecting the advertisement or promotion of cannabis

that is sold unlawfully, along with a related penalty if a person is convicted

of contravening the prohibition.

SCHEDULE 2

CHANGE OF NAME ACT

The

Schedule amends the Change

of Name Act to provide that certain persons are ineligible to change

their name. The persons who are ineligible are those who are required to comply

with

section 3 of Christopher’s Law (Sex Offender

Registry), 2000 or who would be required but for certain exceptions.

Also ineligible are those who have been found guilty, or not criminally

responsible, of a prescribed criminal offence.

Consequential

amendments are made to Christopher’s Law (Sex Offender

Registry), 2000 .

SCHEDULE 3

CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000

Section

3 of Christopher’s Law (Sex Offender Registry), 2000

currently requires offenders to report information to a police service within a

prescribed period after certain events occur. The Act is amended to expand the

list of events to include an offender being ordered to serve a conditional

sentence, an offender receiving a driver’s licence or passport and an offender

beginning to use or making a change with respect to an email address, a user

used for the purpose of communicating on the internet. Reporting requirements

are also imposed in relation to travel by an offender.

The

Lieutenant Governor in Council is given the authority to make regulations that

would allow for offenders, instead of reporting by appearing in person at a

police service, to report by complying with such requirements as may be

prescribed.

The

Act currently addresses what occurs when an offender is pardoned in respect of

a sex offence. Amendments are made to address what occurs when an offender’s

conviction in respect of the offence or finding of not criminally responsible

on account of mental disorder in respect of the offence is overturned.

Other

amendments include allowing the Minister to authorize a person to use

information contained in the sex offender registry for research or statistical

purposes, and adding various regulation-making authorities.

SCHEDULE 4

COMMUNITY CARE AND RECOVERY ACT, 2024

The

Schedule enacts the Community Care and Recovery Act, 2024 .

The

Act prohibits the establishment and operation of a supervised consumption site

at a location that is less than 200 metres from certain types of schools,

private schools, child care centres, EarlyON child and family centres and such

other premises as may be prescribed by the regulations.

The

Act also provides that municipalities and local boards are precluded from

applying for an exemption from the Controlled Drugs and

Substances Act (Canada) for the purpose of decriminalizing the personal

possession of a controlled substance or precursor.

Finally,

limits are imposed on the power of municipalities and local boards to make

specified applications respecting supervised consumption sites and safer supply

services. Municipalities and local boards may only make such applications or

support such applications if they have obtained the approval of the provincial

Minister of Health.

SCHEDULE 5

COMMUNITY SAFETY AND CRIME PREVENTION MONTH ACT, 2024

The

Schedule enacts the Community Safety and Crime Prevention

Month Act, 2024 .

The

Act proclaims the month of November in each year as Community Safety and Crime

Prevention Month.

SCHEDULE 6

COMMUNITY SAFETY AND POLICING ACT, 2019

The

Schedule amends the Community Safety and Policing Act,

2019 with respect to various matters, including the following:

Section

3 is amended to give the Minister the power to issue awards related to

policing.

2. Currently,

section 19 of the Act allows police service boards to request temporary

assistance in providing adequate and effective policing from another police

service board, the Commissioner of the Ontario Provincial Police or an entity

that employs First Nation Officers.

Section 19 also allows chiefs of police to

request emergency assistance if they are of the opinion that an emergency

exists in the area for which they have policing responsibility. Subsections 19

(1) to (6) are re-enacted and other amendments are made to

section 19 to remove

the notion of emergency assistance and provide that chiefs of police, rather

than police service boards, may request temporary assistance from another chief

of police or an entity that employs First Nation Officers.

3. Amendments

are made to sections 35, 83, 85, 91, 92, 95 and 101 with respect to the timing

of oaths and affirmations of office and the issuance of certificates of

appointment.

4. Subsection

261 (1) is amended to authorize the Lieutenant Governor in Council to make

regulations, for the purposes of subsection 10 (2), determining an area for

which a municipal board has policing responsibility in a manner other than in

accordance with

Part IV. A consequential amendment is made to subsection 10

(2).

SCHEDULE 7

COURTS OF JUSTICE ACT

Subsection

44 (2) of the Courts of Justice Act specifies that

part-time service as a provincial judge by a former provincial judge who had

retired cannot exceed 50 per cent of full-time service in a calendar year. The

Schedule amends the subsection to provide that the limits on part-time service

are to be determined by regulations made under the Act. The necessary

regulation-making authority is added to subsection 53 (1) of the Act.

SCHEDULE 8

HIGHWAY TRAFFIC ACT

Various

amendments are made to the Highway Traffic Act .

Some highlights include:

1. An

amendment provides that it is an offence to knowingly submit, display, present

or surrender a false vehicle identification number for a motor vehicle in

certain documents.

2. The

Act is amended to provide that the Registrar may issue a CVOR certificate

the holder of the certificate to do certain things relating to its safety

practices, and may attach, remove or vary such conditions on an existing

certificate at any time. The Act also enacts enforcement measures relating to

3. The

Act is also amended to provide that a person may appeal certain decisions

relating to CVOR certificates within 30 days. Currently, the Act sets out no

timeline for making such appeals.

4. An

amendment permits administrative penalties to be imposed on a CVOR certificate

holder who receives a prescribed safety rating.

5. Currently,

section 130 of the Act provides that the offence of driving carelessly applies

to a person driving on a highway. The

section is amended to provide that the

offence also applies in respect of specified places, and to add a limitation

period of two years on instituting proceedings for the offence.

SCHEDULE 9

LIMITATIONS ACT, 2002

The

Schedule amends

section 16 of the Limitations Act, 2002

to provide that proceedings under subsection 4 (1) of the Justice

for Victims of Terrorism Act (Canada) are not subject to a limitation

period and to specify related transitional rules.

Bill 223 2024

Act to enact two Acts and to amend various Acts with respect to public safety

and the justice system

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Cannabis

Control Act, 2017

Schedule 2

Change

of Name Act

Schedule 3

Christopher’s

Law (Sex Offender Registry), 2000

Schedule 4

Community

Care and Recovery Act, 2024

Schedule 5

Community

Safety and Crime Prevention Month Act, 2024

Schedule 6

Community

Safety and Policing Act, 2019

Schedule 7

Courts

of Justice Act

Schedule 8

Highway

Traffic Act

Schedule 9

Limitations

Act, 2002

Preamble

The

Government of Ontario:

Believes

in keeping Ontario communities safe through supported and accountable policing

and an efficient and effective justice system.

taking action to protect children, families and people struggling with

addiction by restricting supervised consumption sites, in line with its belief

that addictions treatment is the best way to achieve lasting recovery.

committed to fighting auto theft and careless driving in Ontario with enhanced

oversight of commercial motor vehicles and stronger penalties.

working to give police the tools that will assist them in keeping our

communities safe from sex offenders.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Except as otherwise provided in this

section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at different

times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Safer

Streets, Stronger Communities Act, 2024 .

SCHEDULE 1

CANNABIS CONTROL ACT, 2017

The Cannabis Control Act, 2017 is amended by adding

the following section:

Advertising

or promotion of unlawful sale of cannabis

8.2 No person shall

knowingly advertise or promote the sale of cannabis by a person or entity that

is not authorized to produce, sell or distribute cannabis under this Act or the

Cannabis Act (Canada).

Subsections 23 (2) and (3) of the Act are amended by striking out “section 6 or

13” wherever it appears and substituting in each case “section 6, 8.2 or 13”.

Commencement

This

Schedule comes into force on the day the Safer

Streets, Stronger Communities Act, 2024 receives Royal Assent.

SCHEDULE 2

CHANGE OF NAME ACT

The Change of Name Act is amended by adding the

following section:

Sex

Offenders, etc.

Ineligibility

5.1

(1) The

following persons are ineligible to have a change of name under any provision

of this Act, except if an exception set out in the regulations applies:

1. A

person required under

section 7 of Christopher’s Law (Sex

Offender Registry), 2000 to comply with

section 3 of that Act.

2. A

person who would be required under

section 7 of Christopher’s

Law (Sex Offender Registry), 2000 to comply with

section 3 of that Act but

for the application of subsection 7 (2) or (3) of that Act.

3. A

person who has been,

i. found

guilty of a prescribed criminal offence, or

ii. found

not criminally responsible of a prescribed criminal offence on account of

mental disorder.

Exception

(2) Subsection

(1) does not apply in respect of,

(

a) a

change of name that has been certified as described in subsection 8 (2) by the

Attorney General or a person authorized by the Attorney General; or

(

b) a

revocation under

section 10 of a change of name that has been obtained by fraud

or misrepresentation or for an improper purpose.

Notice

(3) The

Registrar General shall inform a person who seeks a change of name but is

ineligible under this

section of their ineligibility and the reason for their

ineligibility or, if the change of name was applied for under subsection 5 (1),

the Registrar General shall inform the applicant.

Transition

(4) This

Act, as it read immediately before the day

section 1 of

Schedule 2 to the Safer Streets, Stronger Communities Act, 2024 came into

force, continues to apply with respect to an election or application submitted

to the Registrar General before that day.

Repeal

(5) Subsection

(4) and this subsection are repealed six months after the day

section 1 of

Schedule

2 to the Safer Streets, Stronger Communities Act, 2024

came into force.

Subsection 7.1 (1) of the Act is amended by adding “and whether the person is a

person described in subsection 5.1 (1)” after “subsection 6 (10)”.

Section 13 of the Act is amended by adding

the following subsection:

Same

(2) The

Lieutenant Governor in Council may make regulations providing for exceptions

from this Act or any provision of this Act, and making such exceptions subject

to any conditions provided for in the regulations.

Christopher’s

Law (Sex Offender Registry), 2000

Christopher’s Law (Sex Offender Registry), 2000 is

amended by adding the following section:

Disclosure exception, Change

of Name Act

10.1

(1) An

employee of or person authorized by the ministry for the purposes of this

section shall have access to the sex offender registry at any time and may

collect, retain and use information obtained from the sex offender registry for

the purposes of

section 7.1 of the Change of Name Act .

Same

(2) An

employee of or person authorized by the ministry for the purposes of this

section may disclose information contained in the sex offender registry to the

Registrar General, as defined in

section 1 of the Change

of Name Act , for the purposes of

section 7.1 of that Act, and the

Registrar General may collect, retain and use the information for the purposes

of that Act.

Same

(3) Any

disclosure of personal information made under subsection (1) or (2) shall be

deemed to be in compliance with clauses 42 (1) (

e) of the Freedom

of Information and Protection of Privacy Act and 32 (

e) of the Municipal Freedom of Information and Protection of Privacy Act .

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 3

CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000

Registry), 2000 is amended by striking out “his or her” wherever it

appears and substituting in each case “their”.

(1) Subsection 1 (1) of the Act is amended by adding the following

definition:

“Minister”

means the Solicitor General or such other member of the Executive Council as

may be assigned the administration of this Act under the Executive

Council Act ; (“ministre”)

(2) The

definition of “ministry” in subsection 1 (1) of the Act is repealed and the

following substituted:

“ministry”

means the Ministry of the Minister; (“ministère”)

(3) Clause

(b.1) of the definition of “sex offence” in subsection 1 (1) of the Act is

repealed and the following substituted:

(b.1) an

offence referred to in paragraph (

b) or (

f) of the definition of “designated

offence” in subsection 490.011 (1) of the Criminal Code

(Canada), as it read on October 25, 2023, in respect of which an order in Form

52 was made under subsection 490.012 (2) of that Act as it read on that date,

(b.1.1) an

offence referred to in the definition of “secondary offence” in subsection

490.011 (1) of the Criminal Code (Canada) for which

an order has been made under

section 490.012 of that Act,

(4) Subsection

1 (1) of the Act is amended by adding the following definition:

“sex

offence against a child” means,

(

a) a

sex offence that is committed against a person who is under 18 years of age and

as a result of which the offender is required to comply with the Sex Offender Information Registration Act ( Canada) , or

(

b) an

offence that is committed outside Canada against a person who is under 18 years

of age and as a result of which the offender is required to comply with the Sex Offender Information Registration Act (Canada) ; (“infraction sexuelle

visant un enfant”)

(5) Section 1 of the Act is amended by

adding the following subsection:

Same

(4) For

the purposes of this Act, if an offender is released from custody as a result

of being credited with remission within the meaning of the Ministry of Correctional Services Act , the custodial

portion of the sentence ends as of the day of the offender’s release as a

result of the remission.

(1) Subsection 3 (1) of the Act is amended by striking out the

portion before clause (

a) and substituting the following:

(1) Every

offender who is resident in Ontario shall appear in person at a designated

bureau, police station or detachment of the police service that provides

policing where the offender resides or at another place in the area where the

police service provides policing designated by that police service,

(2) The

or she” wherever it appears and substituting in each case “the offender”.

(3) Subsection

3 (1) of the Act is amended by adding the following clauses:

(a.2.1) within

the prescribed period after the offender is ordered to serve a conditional

sentence;

. . . .

(c.2) within

the prescribed period after the offender receives a driver’s licence;

(c.3) within

the prescribed period after the offender receives a passport;

(c.4) within the prescribed period after the

offender starts using a new email address or a new user name associated with a

user name;

(c.5) within

the prescribed period after the offender starts using a new prescribed digital

identifier for the purpose of communicating through the internet or makes a

change with respect to such a digital identifier;

. . . .

(e.3) subject

to clause (e.4), at least 14 days before departing for travel if the offender

expects not to be at their main residence or any of their secondary residences

for a period of seven or more consecutive days;

(e.4) in

the case of an offender who is convicted of a sexual offence against a child,

at least 14 days before departing for travel to a location outside Canada,

regardless of the expected duration of their absence;

(e.5) subject

to clause (e.6), within seven days after departing for travel if the offender

decides after departing to not be at their main residence or any of their

secondary residences for a period of seven or more consecutive days or if the

offender has not appeared in person as required under clause (e.3);

(e.6) in

the case of an offender who is convicted of a sexual offence against a child,

without delay after departing for travel to a location outside of Canada if the

offender decides after departing to extend their stay beyond the date of return

that was indicated when appearing in person under clause (e.4) or if the

offender did not appear in person as required under clause (e.4);

(e.7) before departing for travel if there is

a change in any information provided under clause (e.3) or (e.4) that occurs

before departing;

(e.8) if

there is a change in any information provided under clause (e.3), (e.4), (e.5)

or (e.6) after departing for travel,

(

i) within

seven days after the date on which the change occurs, or

(ii) in

the case of an offender to whom clause (e.4) or (e.6) applies, without delay

after the date on which the change occurs;

(4) Clauses

3 (1) (

f) and (

g) of the Act are amended by striking out “presented himself or

herself to a police service” wherever it appears and substituting in each case

“appeared in person at a police service”.

(5) Section

3 of the Act is amended by adding the following subsections:

Exception

(1.0.1) Despite

a requirement under subsection (1) for an offender to appear in person at a

location, an offender is not required to appear in person at a location if the

following criteria are satisfied:

1. The

clause of subsection (1) in respect of which the requirement applies to the

offender is a prescribed provision in a regulation made under clause 14 (h.2).

2. The

offender complies with the requirement prescribed in a regulation made under

clause 14 (h.3) in respect of the prescribed provision.

Interpretation

(1.0.2) In

circumstances in which a clause of subsection (1) is a prescribed provision as

described in paragraph 1 of subsection (1.0.1), any reference to appearing in

person at a location shall be read to include complying with the applicable

requirement prescribed as described in paragraph 2 of subsection (1.0.1).

. . . .

Same

(1.3) Clauses

(1) (a.2.1), (c.2) and (c.3) apply only if the event referred to in them occurs

on or after the day this subsection came into force.

Exception

(1.4) If

a member of a police service is satisfied that there was a reasonable excuse

for an offender failing to comply with clause (1) (e.3) or (e.4), the offender

is exempt from the requirement to comply within 14 days with the applicable clause

and the offender shall instead comply as soon as feasible before departing for

travel.

(6) Subsection

3 (2) of the Act is amended by striking out “Upon presenting himself or

herself” at the beginning and substituting “Upon appearing in person”.

(7) Subsection

3 (3) of the Act is amended by,

(

a) striking

out “subsection (1), subsection 7 (2) and subsection 9 (1)” and substituting

“subsections (1), 7 (2), 9 (1) and 9.0.1 (1)”; and

(

b) striking

out “present themselves” wherever it appears and substituting in each case

“appear in person”.

(8) The

or she” and substituting “the person”.

Subsection 4 (2) of the Act is repealed and the following substituted:

Verification

of address

(2) Subject

to the regulations, the police service shall make reasonable efforts to verify

an offender’s address, as provided to the police service by the offender, at

least once after the offender last appeared in person at the police service

under subsection 3 (1).

striking out “him or her” and substituting “the offender”.

(2) The

the offender believes any information about him or her in the sex offender

registry is incorrect, he or she shall” and substituting “If the offender

believes that any information about the offender in the sex offender registry

is incorrect, the offender shall”.

striking out “he or she” wherever it appears and substituting in each case “the

offender”.

(2) Subsection

7 (2) of the Act is amended by,

(

a) adding

“Subject to any regulations made under clause 14 (h.4)” at the beginning; and

(

b) striking

out “present himself or herself” and substituting “appear in person”.

(3) Section

7 of the Act is amended by adding the following subsections:

Exception

(2.0.1) Despite

the requirement under subsection (2) for an offender to appear in person at a

location, an offender is not required to appear in person at a location if the

following criteria are satisfied:

1. Subsection

(2) is a prescribed provision in a regulation made under clause 14 (h.2).

2. The

offender complies with the requirement prescribed in a regulation made under

clause 14 (h.3) in respect of subsection (2).

Interpretation

(2.0.2) In

circumstances in which subsection (2) is a prescribed provision as described in

paragraph 1 of subsection (2.0.1), the reference in subsection (2) to appearing

in person at a location shall be read to include complying with the applicable

requirement prescribed as described in paragraph 2 of subsection (2.0.1).

(4) Subsection

7 (4) of the Act is repealed and the following substituted:

Reporting

requirement ceases to apply

(4) An

offender is no longer required to comply with

section 3 in relation to a sex

offence for which this Act would be made applicable to the offender under

section 8 if one of the following circumstances applies:

1. The

offender provides, in accordance with

section 9, proof of a pardon in respect

of the offence.

2. The

offender provides, in accordance with

section 9.0.1, proof of one of the

following being overturned, as the case may be:

i. The

conviction in respect of the offence.

ii. The

finding of not criminally responsible on account of mental disorder in respect

of the offence.

striking out “he or she” wherever it appears and substituting in each case “the

offender”.

(2) Section

8 of the Act is amended by adding the following subsections:

Same

(1.3.1) Despite

subsection (1), clauses 3 (1) (a.2.1), (c.2) and (c.3) apply to every offender

anywhere in Canada who, on or after the day subsection 7 (2) of

Schedule 3 to

the Safer

Streets, Stronger Communities Act, 2024 comes into force,

(

a) received

a conditional sentence order for a sex offence, in the case of clause 3 (1) (a.2.1);

(

b) received

a driver’s licence, in the case of clause 3 (1) (c.2); or

(

c) received

a passport, in the case of clause 3 (1) (c.3).

Same

(1.3.2) Despite

subsection (1), clauses 3 (1) (c.4) and (c.5) apply in accordance with the

regulations.

Same

(1.3.3) Despite

subsection (1), clauses 3 (1) (e.3) to (e.8) apply to every offender anywhere

in Canada who, on or after the fourteenth day after subsection 7 (2) of

Schedule 3 to the Safer Streets, Stronger Communities Act, 2024 comes into force,

departs for travel.

(3) Subsection

8 (1.4) of the Act is repealed and the following substituted:

Same

(1.4) Despite

subsection (1) and

section 7, and subject to any other reporting requirement

under this Act, this Act applies to an offender anywhere in Canada who, on or

after May 12, 2008, becomes subject to an order in Form 52 made under subsection

490.012 (2) of the Criminal Code (Canada), as it

read on or before October 25, 2023, for as long as the order is in force.

(4) Section

8 of the Act is amended by adding the following subsection:

Same

(1.7) Despite

subsection (1) and

section 7, and subject to any other reporting requirement

under this Act, this Act applies to an offender anywhere in Canada who, on or

after the day subsection 7 (4) of

Schedule 3 to the Safer

Streets, Stronger Communities Act, 2024 comes into force, becomes subject to an order

made under

section 490.012 of the Criminal Code (Canada)

in respect of an offence referred to in the definition of “secondary offence”

in subsection 490.011 (1) of that Act for as long as the order is in force.

Subsection 9 (1) of the Act is repealed and the following substituted:

Proof

of pardon

(1) An

offender who receives a pardon for a sex offence may provide proof of the

pardon to a police service by,

(

a) appearing

in person at a designated bureau, police station or detachment of the police

service that provides policing where the offender resides or at another place

in the area where the police service provides policing designated by that

police service; or

(

b) taking

such other steps as may be prescribed by the regulations.

The Act is amended by adding the following section:

Conviction

or finding overturned

9.0.1

(1) This

section applies in respect of an offender if the offender’s conviction or the

offender’s finding of not criminally responsible on account of mental disorder

in respect of a sex offence is overturned.

Proof

(2) An

offender to whom this

section applies may provide proof of the conviction or

finding being overturned to a police service by,

(

a) appearing

in person at a designated bureau, police station or detachment of the police

service that provides policing where the offender resides or at another place

in the area where the police service provides policing designated by that

police service; or

(

b) taking

such other steps as may be prescribed by the regulations.

Information

submitted to ministry

(3) If

the person authorized by the police service to receive the proof mentioned in

subsection (2) is satisfied that the conviction or finding, as the case may be,

was overturned, the police service shall advise the ministry accordingly.

Section 9.1 of the Act is repealed and the following substituted:

Offender

deleted from registry

Pardon

9.1

(1) If an offender receives a pardon

of the type described in clause (

a) or (

b) of the definition of “pardon” in

subsection 1 (1) in respect of a sex offence for which this Act is made

applicable to the offender, the ministry shall delete every reference to and

record of the offender from the sex offender registry in respect of that sex

offence.

Conviction

or finding overturned

(2) If

an offender’s conviction or finding in respect of a sex offence for which this

Act is made applicable to the offender is overturned, the ministry shall

delete every reference to and record of the offender from the sex offender

registry in respect of that sex offence.

Time

limit

(3) The

ministry shall, 50 years after the death of an offender, delete every reference

to and record of the offender from the sex offender registry.

(1) Subsection 10 (1) of the Act is amended by striking out “subsections

(2) and (3)” and substituting “subsections (2), (3) and (3.1)”.

(2) Section

10 of the Act is amended by adding the following subsections:

Same,

research

(3.1) The

Minister may authorize a person to consult information contained in the sex

offender registry, compare the information with other information or, by

electronic means, combine the information with, or link it to, any other

information contained in a computer system for research or statistical

purposes.

Conditions

(3.2) The

Minister shall not provide the authorization under subsection (3.1) unless the

Minister,

(

a) is

satisfied that the research or statistical purposes cannot reasonably be

accomplished without consulting the information or without comparing or

combining the information with, or linking it to, the other information, as the

case may be; and

(

b) obtains

from the person a written undertaking that no subsequent disclosure of the

information or of any information resulting from the comparison or combination

of the information with, or the linking of the information to, other

information will be made, or be allowed to be made, in a form that could

reasonably be expected to identify any individual to whom it relates.

(3) Subsection

10 (4) of the Act is amended by striking out “subsection (2) or (3)” and

substituting “subsection (2), (3) or (3.1)”.

she” wherever it appears and substituting in each case “the offender”.

Subsection 12 (1) of the Act is amended by striking out “the Minister of

Community Safety and Correctional Services” and substituting “any current or

former member of the Executive Council”.

Section 14 of the Act is amended by adding the following clauses:

(c.1) prescribing

what constitutes a change in address for the purposes of clause 3 (1) (c);

(c.2) for

the purposes of clauses 3 (1) (c.4) and (c.5), governing the types of changes

in respect of which those clauses apply;

(c.3) prescribing

digital identifiers for the purposes of clause 3 (1) (c.5);

(c.4) governing

the verification of addresses under subsection 4 (2);

. . . .

(h.1) prescribing circumstances in which an

offender is not required to comply with

section 3, either on a temporary or

permanent basis, due to their physical or mental capacity;

(h.2) prescribing

provisions of this Act for the purposes of paragraph 1 of subsection 3 (1.0.1)

and paragraph 1 of subsection 7 (2.0.1);

(h.3) prescribing

requirements in respect of prescribed provisions of this Act for the purposes

of paragraph 2 of subsections 3 (1.0.1) and 7 (2.0.1);

(h.4) with

respect to an offender who is serving the custodial portion of a sentence

intermittently in respect of an offence other than a sex offence,

(

i) providing

that subsection 7 (2) does not apply,

(ii) governing

timing of compliance with subsection 3 (1), which may include requiring the

offender to comply with subsection 3 (1) within a prescribed period instead of

the applicable period prescribed under subsection 3 (1);

(h.5) for

the purposes of subsection 8 (1.3.2), governing the application of clauses 3

(1) (c.4) and (c.5);

(h.6) prescribing

steps for the purposes of clauses 9 (1) (

b) and 9.0.1 (1) (b);

Commencement

(1) Except as otherwise provided in this

section, this

Schedule comes into force on the day the Safer

Streets, Stronger Communities Act, 2024 receives Royal Assent.

(2) Sections

1 to 10 and 12 to 14 come into force on a day to be named by proclamation of

the Lieutenant Governor.

SCHEDULE 4

COMMUNITY CARE AND RECOVERY ACT, 2024

CONTENTS

Definitions

Prohibition

re location of supervised consumption site

Limit

on power of municipalities, local boards

Regulations

Amendment

to this Act

Commencement

Short

title

Definitions

1 In this Act,

“child

care centre” means a child care centre within the meaning of the Child Care and Early Years Act, 2014 ; (“ centre de

garde ”)

“controlled

substance” means a controlled substance within the meaning of the Controlled Drugs and Substances Act (Canada); (“ substance

désignée ”)

“designated

premises” means,

(

a) a

school, other than a school at which the only programs provided are adult

education programs,

(

b) a

private school, other than,

(

i) a

private school located on a reserve, or

(ii) a

private school that only offers classes through the internet,

(

c) a

child care centre, other than a child care centre located on a reserve,

(

d) an

EarlyON child and family centre, other than an EarlyON child and family centre

located on a reserve, or

(

e) a

prescribed premises; (“ lieu désigné ”)

“EarlyON child and family centre” means a

centre of that name, administered by a service system manager within the

meaning of the Child Care and Early Years Act, 2014 ,

offering programs for families and children; (“ centre pour l’enfant et

la famille ON y va ”)

“Health

Canada” means the federal Minister of Health and the Department over which that

Minister presides; (“Santé Canada”)

“local

board” means a local board within the meaning of

section 1 of the Municipal Affairs Act ; (“conseil local”)

“Minister”

means the Minister of Health or any other member of the Executive Council to

whom responsibility for the administration of this Act is assigned or

transferred under the Executive Council Act ; (“ ministre ”)

“precursor”

means a precursor within the meaning of the Controlled

Drugs and Substances Act (Canada); (“ précurseur ”)

“prescribed”

means prescribed by the regulations; (“ prescrit ”)

“private

school” means a private school within the meaning of the Education

Act ; (“ école

privée ”)

“regulations”

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

“reserve”

means a reserve as defined in subsection 2 (1) of the Indian

Act (Canada) or an Indian settlement located on Crown land, the Indian

inhabitants of which are treated by Indigenous and Northern Affairs Canada in

the same manner as Indians residing on a reserve; (“ réserve ”)

“safer

supply services” means the prescribing of medications by a legally qualified medical practitioner as an

alternative to a controlled substance or precursor; (“ services d’approvisionnement plus sécuritaire ”)

“school”

means a school within the meaning of the Education Act ;

(“école”)

“supervised

consumption site” means a site in respect of which the federal Minister of

Health has granted an exemption to allow activities at the site in relation to

a controlled substance or precursor that is obtained in a manner not authorized

under the Controlled Drugs and Substances Act

(Canada),

(

a) under

section 56.1 of the Controlled Drugs and Substances Act

(Canada), in circumstances where the federal Minister of Health is of the

opinion that the exemption is necessary for a medical purpose, or

(

b) under

subsection 56 (1) of the Controlled Drugs and Substances

Act (Canada), in circumstances where the federal Minister of Health is

of the opinion that the exemption is necessary for a scientific purpose or is

otherwise in the public interest. (“ site de consommation supervisée ”)

Prohibition

re location of supervised consumption site

(1) Subject to subsection (4), no person shall

establish or operate a supervised consumption site at a location that is less

than 200 metres, measured in accordance with subsection (2), from a designated

premises.

Measurement

(2) Subject

to the regulations, the distance mentioned in subsection (1) shall be measured

in accordance with the following rules:

1. The

distance shall be measured from the geometric centre of the building in which a

supervised consumption site is located.

2. In

the case of a school, the distance shall be measured to the door primarily used

by the public to enter the building in which the school is located for the

purpose of accessing the area where the school operates.

3. In the case of a private school, the distance shall be

measured from,

i. the

centre of the building in which the school is located, as determined by the

private school and made available on a Government of Ontario website, or

ii. if

the private school is located only in a portion of a building, the centre of

the portion of the building in which the school is located, as determined by

the private school and made available on a Government of Ontario website.

4. In

the case of a child care centre or EarlyON child and family centre, the

distance shall be measured to the geographic coordinates of the street address

of the child care centre or EarlyON child and family centre, determined through

the use of software or a web service that implements an address geocoding

process.

5. In

the case of a premises prescribed for the purposes of clause (

e) of the

definition of “designated premises” in

section 1, the distance shall be

measured to the point specified in the regulations.

6. If

the measurement results in a number of metres that is not a whole number, the

number shall be rounded up to the nearest whole number.

Geocoding

(3) If

the regulations provide for a specific software or web service for the purposes

of paragraph 4 of subsection (2), the distance to a child care centre or

EarlyON child and family centre shall be measured using the prescribed software

or web service.

Exception

(4) If

a private school began providing instruction or a child care centre began

operating after the day the Safer Streets, Stronger

Communities Act, 2024 received Royal Assent, subsection (1) does not

apply to a supervised consumption site with respect to the private school or

child care centre, as the case may be, until the day that is 30 days after the day

the private school began providing instruction or the child care centre began

operating.

Same

(5) Despite

subsection (4), if the Minister specifies a day on which subsection (1) applies

to a supervised consumption site, subsection (1) applies to the supervised

consumption site as of that day.

Limit

on power of municipalities, local boards

Application

for exemption to decriminalize

(1) Subject to such exceptions as may be

prescribed, despite sections 7 and 8 of the City of

Toronto Act, 2006 and sections 9, 10 and 11 of the Municipal

Act, 2001 , a municipality or local board does not have the power to apply

to Health Canada for an exemption under subsection 56 (1) of the Controlled Drugs and Substances Act (Canada) from any

provision of that Act for the purpose of decriminalizing the personal

possession of a controlled substance or precursor.

Applications

related to supervised consumption sites, safer supply services

(2) Subject

to such exceptions as may be prescribed, despite sections 7 and 8 of the City of Toronto Act, 2006 and sections 9, 10 and 11 of

the Municipal Act, 2001 , a municipality or local

board does not have the power, without the approval of the Minister, to do any

of the following:

1. Apply

to Health Canada for an exemption or a renewal of an exemption to the Controlled Drugs and Substances Act (Canada) for the

purpose of operating a supervised consumption site.

2. Apply

to Health Canada for funding under Health Canada’s Substance Use and Addictions

Program or any other Health Canada program in respect of safer supply services,

funding under such a program in respect of safer supply services.

3. Support,

including by passing a by-law or making a resolution, an application made to

Health Canada by any other person in respect of any matter described in

paragraph 1 or 2.

Regulations

4 The Lieutenant Governor in Council may make regulations,

(

a) prescribing

anything that is referred to in this Act as prescribed or as otherwise dealt

with in the regulations;

(

b) defining

or clarifying the meaning of any word or expression used in this Act that is

not otherwise defined in this Act.

Amendment

to this Act

Section 4 of the Act is amended by adding the following

clause:

(

c) varying,

for specified circumstances, how the distance mentioned in subsection 2

(1) shall be measured under subsection 2 (2).

Commencement

(1) Except as otherwise provided in this

section, the Act set out in this

Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives

Royal Assent.

(2) Sections

2 and 5 come into force on the later of April 1, 2025 and the day the Safer Streets, Stronger Communities Act, 2024 receives

Royal Assent.

Short

title

7 The

short title of the Act set out in this

Schedule is

the Community Care and Recovery Act, 2024 .

SCHEDULE 5

COMMUNITY SAFETY AND CRIME PREVENTION MONTH ACT, 2024

Preamble

By proclaiming the month of November as Community Safety and

Crime Prevention Month, the Province of Ontario recognizes the critical

importance of raising awareness about community safety and preventing crime.

With this step, the Province of Ontario joins other jurisdictions as well as

groups across Canada that mark November as Community Safety and Crime

Prevention Month.

The

Province of Ontario also recognizes the importance of advancing community

safety and tackling crime. Proclaiming November as Community Safety and Crime

Prevention Month creates the opportunity for Ontarians to come together to

appreciate the people working on the frontlines to improve community safety and

prevent crime, raise awareness about community safety and recognize the

important local partnerships and action that keep our communities safe.

Community

Safety and Crime Prevention Month

1 The month of November in each year is proclaimed as

Community Safety and Crime Prevention Month.

Commencement

2 The Act set out in this

Schedule comes into force on the

day the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.

Short

title

3 The

short title of the Act set out in this

Schedule is

the Community Safety and Crime Prevention Month Act, 2024 .

SCHEDULE 6

COMMUNITY SAFETY AND POLICING ACT, 2019

(1) The definition of “Minister” in subsection 2 (1) of the Community Safety and Policing Act, 2019 is amended by

striking out “Minister of Community Safety and Correctional Services” and

substituting “Solicitor General”.

(2) Subsection

2 (1) of the Act is amended by adding the following definition:

“prescribed

entity” means an entity that is prescribed to provide a policing function in an

area in accordance with

section 14; (“ entité prescrite ”)

Section 3 of the Act is amended by adding the following subsection:

Power

to issue awards

(4) The

Minister may issue awards related to policing, including awards for long

service.

Subsection 10 (2) of the Act is amended by adding “Subject to the regulations”

at the beginning.

(1) Subsections 19 (1) to (6) of the Act are repealed and the

following substituted:

Request

for temporary assistance

(1) A

chief of police may request temporary assistance in providing adequate and

effective policing from another chief of police or an entity that employs First

Nation Officers.

Temporary

assistance notice

(2) If

a chief of police makes a request for temporary assistance under this section,

the chief of police shall provide notice of the request as soon as possible to,

(

a) the

Inspector General; and

(

b) the

police service board of the chief of police or, in the case of a request made

by the Commissioner, the Minister.

Content

of notice

(3) The

notice provided under subsection (2) shall include,

(

a) a

description of the circumstances surrounding the temporary assistance request;

(

b) the

policing functions that are requested;

(

c) the

timeframe for the provision of the assistance;

(

d) the

extent of the assistance required;

(

e) whether

the chief of police or entity that employs First Nation Officers that is

receiving the request has agreed to provide the assistance, in whole or in

part;

(

f) the

anticipated financial implications as a result of obtaining the assistance; and

(

g) any

other prescribed matters.

Notice

of change

(4) If

a change occurs in any of the matters listed under subsection (3) after the

notice of request for temporary assistance has been provided, the chief of

police shall provide notice of the change as soon as possible to,

(

a) the

Inspector General; and

(

b) the

police service board of the chief of police or, in the case of a request made

by the Commissioner, the Minister.

Assessment

upon receiving notice

(5) Upon

receiving a notice of request for temporary assistance under subsection (2) or

a notice of change under subsection (4), the police service board of the chief

of police or the Minister, as the case may be, shall determine,

(

a) whether

the ability to request temporary assistance is used or is anticipated to be

used on a recurring basis to ensure adequate and effective policing is

provided; and

(

b) whether

the policing functions for which temporary assistance is requested to be

provided may need to be the subject of an agreement under subsection 14 (1) or

(2) in order to ensure adequate and effective policing is provided and that

section 13 is complied with.

Rules

re providing temporary assistance

(6) The

following rules apply to requests for temporary assistance made under this

section:

1. If

the request is made to the Commissioner, the Commissioner shall provide such

temporary assistance as the Commissioner considers necessary and shall stop

providing the assistance when the Commissioner considers it is appropriate to

do so.

2. If

the request is made to a chief of police other than the Commissioner or to an

entity that employs First Nation Officers, the chief or entity may,

i. decline

to provide assistance, or

ii. provide

such temporary assistance as the chief or entity considers necessary and stop

providing the assistance when the chief or entity considers it is appropriate

to do so.

Notice

after assistance by chief of police has stopped

(6.1) A

chief of police who provided temporary assistance shall, after the assistance

has stopped, provide notice to the Inspector General and the chief’s police

service board or, if the chief is the Commissioner, to the Minister, with the

following information:

1. The

chief of police’s decision to provide temporary assistance.

2. Whether

the request for temporary assistance was fulfilled in whole or in part.

3. The

financial implications of providing assistance.

4. Any

other prescribed matters.

Notice

after assistance by entity that employs First Nation Officers has stopped

(6.2) If

the temporary assistance was provided by an entity that employs First Nation

Officers, the chief of police who requested the assistance shall, after the

assistance has stopped, provide notice to the Inspector General with the

following information:

1. Whether

the request for temporary assistance was fulfilled in whole or in part by the

entity.

2. The

financial implications of providing assistance for the entity, if known.

3. Any

other prescribed matters.

(2) Subsection

19 (7) of the Act is amended by striking out “or emergency”.

(3) Subsection

19 (8) of the Act is repealed and the following substituted:

Cost,

police service board or entity

(8) If

no agreement has been entered into with respect to the cost of the temporary assistance

provided under this section, the police service board of the chief of police,

or entity that employs First Nation Officers, that provided the assistance may

certify the cost of the assistance provided, and the cost shall be paid by the

police service board of the chief of police who requested the assistance or, in

the case of a request made by the Commissioner, by the Minister.

(4) Subsection

19 (9) of the Act is amended by striking out “or emergency”.

(5) Subsection

19 (11) of the Act is amended by striking out “or emergency”.

(6) Subsection

19 (12) of the Act is repealed.

Subsection 35 (1) of the Act is amended by striking out “at the time of his or

her appointment as a member of the board” and substituting “before exercising

the powers or performing the duties of a member of the board”.

Subsection 83 (4) of the Act is repealed and the following substituted:

Certificate

of appointment

(4) The

police service board or the Commissioner shall issue a certificate of

appointment to a person after his or her appointment as a police officer but

before the day the person begins to exercise the powers or perform the duties

of a police officer.

Subsection 85 (1) of the Act is amended by striking out “at the time of his or

her appointment” and substituting “before exercising the powers or performing

the duties of a police officer”.

Subsection 91 (8) of the Act is amended by striking out “at the time of his or

her appointment” and substituting “before exercising the powers or performing

the duties of an auxiliary member”.

Subsection 92 (6) of the Act is repealed and the following substituted:

Certificate

of appointment

(6) The

police service board or the Commissioner shall issue a certificate of

appointment to the person after his or her appointment as a special constable

but before the day the person begins to exercise the powers and perform the

duties of a special constable.

Subsection 95 (4) of the Act is amended by striking out “at the time of his or

her appointment” and substituting “before exercising the powers or performing

the duties of a special constable”.

Subsection 101 (7) of the Act is amended by striking out “at the time of his or

her appointment” and substituting “before exercising the powers or performing

the duties of a First Nation Officer”.

Subsection 107 (10) of the Act is amended by striking out “to investigate the

matter, or to investigate it further” and substituting “to investigate the

matter further”.

(1) Subsection 261 (1) of the Act is amended by adding the following

paragraphs:

5.1 for

the purposes of subsection 10 (2), determining an area for which a municipal

board has policing responsibility in a manner other than in accordance with

Part IV;

. . . .

19.1 governing

payments for policing provided by a municipal board or the Commissioner under a

regulation made under paragraph 5.1, including the cost of any necessary

equipment and facilities, and,

i. identifying

the persons who are required to pay, in whole or in part, for the costs of

those services,

ii. governing

the determination of the amounts payable for those services, which may be based

on financial capacity,

iii. governing

the payment of those amounts, including providing for the calculation and

payment of interest and penalties,

iv. governing

the collection of those amounts, including providing for payment credits and

refunds for overpayments, and

v. for

the purposes described in subparagraphs i, ii, iii and iv, establishing

different requirements for different classes of territories;

(2) Section

261 of the Act is amended by adding the following subsection:

payment owed

(1.1) For

greater certainty, a regulation made under paragraph 18, 19 or 19.1 of

subsection (1) may provide that no payments for policing provided to a

municipality or a territory without municipal organization are owed.

Commencement

14 This

Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives

Royal Assent.

SCHEDULE 7

COURTS OF JUSTICE ACT

Subsection 44 (2) of the Courts of Justice Act is

amended by striking out “50 per cent of full-time service in a calendar year”

at the end and substituting “the limits specified by the regulations made under

this Act”.

Subsection 53 (1) of the Act is amended by adding the following clause:

(

h) providing

for the limits to which service as a provincial judge on a part-time basis is

subject for the purposes of subsection 44 (2);

Commencement

3 This

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor.

SCHEDULE 8

HIGHWAY TRAFFIC ACT

Clause 5 (1) (

i) of the Highway Traffic Act is

amended by striking out “permit” and substituting “permit, CVOR certificate”.

The Act is amended by adding the following section:

False

vehicle identification number

9.1

(1) Every person who knowingly, in

or with any application, declaration, affidavit or document that is required

under this Act or by the Ministry, submits, displays, presents or surrenders a vehicle

identification number that is false, is guilty of an offence and on conviction,

in addition to any other penalty or punishment to which the person may be

liable, is liable to any of the following or any combination of the following:

1. A

fine of,

i. not

less than $50,000 and not more than $75,000, for a first conviction, and

ii. not

less than $75,000 and not more than $100,000, for each subsequent conviction.

2. Imprisonment

for a term of not more than six months.

3. Suspension

of the person’s driver’s licence for a period of not more than one year.

4. Suspension

of the person’s vehicle permit for a period of not more than one year.

Limitation

(2) No

proceeding for an offence under this

section shall be instituted more than six

years after the facts on which the proceeding is based are alleged to have

occurred.

Subsection 17 (1.1) of the Act is repealed and the following substituted:

Terms

and conditions

(1.1) The

the Registrar considers appropriate, including terms or conditions requiring

the holder of the CVOR certificate,

(

a) to

develop and implement safety practices or a remedial program;

(

b) to

pay for and successfully complete educational courses or require the

certificate holder’s drivers, employees, shareholders, officers or agents to

take and successfully complete educational courses, including educational courses

provided by or on behalf of the Ministry;

(

c) to

pay for and arrange for an assessment of the certificate holder’s safety

perfor