Clandestine Drug Operation Prevention Act, 2010 MacLeod, Lisa — Bill 139 (39th Parliament, 2nd Session)

Bill 139, 39-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 139, Clandestine Drug Operation Prevention Act, 2010

MacLeod, Lisa

Please select

View bill

Status

Debates

Acts affected

Original

[39] Bill 139 Original (PDF)

Bill 139 2010

An Act to amend various Acts to

prevent clandestine drug operations

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Building

Code Act, 1992

1. (1) Subsection

1 (1) of the Building Code Act, 1992 is amended by adding the following

definition:

"clandestine drug operation" means

an illegal operation where any substance listed in any of Schedules I to IV to

the Controlled Drugs and Substances Act (Canada) can be obtained by any method

or process, including,

(

a) manufacturing, synthesizing

or using any means of altering the chemical or physical properties of the

substance, or

(

b) cultivating, propagating or

harvesting the substance or any living thing from which the substance may be

extracted or otherwise obtained; ("opération de stupéfiants clandestine")

(2) Section 15.9 of

the Act is amended by adding the following subsection:

Same, clandestine drug operations

(2.1) A building is in

a condition that could be hazardous to the health or safety of persons if an

inspector determines that it contains a clandestine drug operation.

(3) Subsection 15.9

(4) of the Act is amended by adding "Subject to subsection (4.1)" at the

beginning.

(4) Section 15.9 of

the Act is amended by adding the following subsections:

Same, clandestine drug operation

(4.1) An inspector who

finds that a building contains a clandestine drug operation,

(

a) shall make an order setting out the reasons

for the finding and the remedial steps necessary to render the building safe;

(

b) shall register the order against the title to

the land on which the building is located; and

(

c) may require the order to be carried out

within the time specified in the order and in accordance with the requirements

that are prescribed.

. . . . .

Discharge of order

(12) When an order

made under subsection (4.1) has been carried out as required, an inspector

shall register a discharge of the order against the title to the land on which

the building is located.

City

of Toronto Act, 2006

(1) Subsection

388.1 (1) of the City of Toronto Act, 2006 is amended by striking out

"marijuana grow operation" and substituting "clandestine drug operation".

(2) Subsection 388.1

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

"clandestine drug operation" means

an illegal operation where any substance listed in any of Schedules I to IV to

the Controlled Drugs and Substances Act (Canada) can be obtained by any method

or process, including,

(

a) manufacturing, synthesizing

or using any means of altering the chemical or physical properties of the

substance, or

(

b) cultivating, propagating or

harvesting the substance or any living thing from which the substance may be

extracted or otherwise obtained; ("opération de stupéfiants clandestine")

Land

Titles Act

Section 81 of the Land

Titles Act is amended by adding the following subsection:

Exception

(2) Despite subsection

(1), the land registrar shall not refuse to accept for registration an order

made under subsection 15.9 (4.1) of the Building Code Act, 1992 or a discharge

of that order.

Municipal

Act, 2001

(1) The Municipal Act, 2001

is amended by adding the following section:

Definition

447.1.1 In sections 447.2 and

447.3,

"clandestine drug operation" means

an illegal operation where any substance listed in any of Schedules I to IV to

the Controlled Drugs and

Substances Act (Canada) can be obtained by any method or process,

including,

(

a) manufacturing, synthesizing

or using any means of altering the chemical or physical properties of the

substance, or

(

b) cultivating,

propagating or harvesting the substance or any living thing from which the

substance may be extracted or otherwise obtained.

(2) Subsections 447.2 (1) and 447.3 (1) of the Act are

amended by striking out "marijuana grow operation" wherever that expression

appears and substituting in each case "clandestine drug operation".

Registry

Act

Section

23 of the Registry Act

is amended by adding the following subsection:

Exception

(2) Despite subsection (1), the land registrar shall not

refuse to accept for registration an order made under subsection 15.9 (4.1) of

the Building Code Act,

1992 or a discharge of that order.

Residential

Tenancies Act, 2006

6. (1) Subsection

27 (1) of the Residential

Tenancies Act, 2006 is amended by adding the following paragraph:

4.1 To

carry out an inspection of the rental unit to determine if it contains a

clandestine drug operation.

(2) Section 27 of the Act is amended by adding the

following subsection:

Definition

(1.1) In subsection (1),

"clandestine drug operation" means an illegal operation where any

substance listed in any of Schedules I to IV to the Controlled Drugs and Substances Act (Canada) can be obtained by any method or process, including,

(

a) manufacturing,

synthesizing or using any means of altering the chemical or physical properties

of the substance, or

(

b) cultivating,

propagating or harvesting the substance or any living thing from which the

substance may be extracted or otherwise obtained.

Commencement

and

Short Title

Commencement

7. This

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

Short

title

8. The

short title of this Act is the Clandestine Drug Operation Prevention Act, 2010 .

EXPLANATORY NOTE

The

Bill amends a number of Acts with respect to clandestine drug operations which

are defined to be illegal operations where any substance listed in any of

Schedules I to IV to the Controlled Drugs and Substances Act (Canada) can be obtained by any method or process.

present, under

section 15.9 of the Building Code Act, 1992, an inspector under

that Act can enter upon land at any reasonable time without a warrant for the

purpose of inspecting a building to determine whether it is unsafe. The Bill

clarifies that a building is unsafe if an inspector determines that it contains

a clandestine drug operation. Upon finding that a building contains a

clandestine drug operation, an inspector is required to make an order setting

out the remedial steps necessary to render the building safe and to register

the order against the title to the land on which the building is located. When

the order has been carried out, an inspector is required to register a

discharge of the order against the title to the land.

The

Bill amends the Municipal Act, 2001 to broaden the obligation of a local

municipality or an upper-tier municipality to conduct an inspection of a

building located on land in its jurisdiction when notified by a police force or

a local municipality, respectively. At present, the inspection is designed to

determine whether there is a marijuana grow operation in the building. Under

the amendment, the inspection is designed to determine whether there is a

clandestine drug operation in the building. The Bill makes an equivalent

amendment to the City of Toronto Act, 2006.

The

Bill amends the Residential Tenancies Act, 2006 to allow a landlord, on giving

at least 24 hours notice, to enter a rental unit to determine if it contains a

clandestine drug operation.

Date Bill stage Activity Committee

November 24, 2010

First Reading

Carried

Debates and Progress

First Reading

November 24, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 139

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Building Code Act, 1992

Municipal Act, 2001

Residential Tenancies Act, 2006

Legislative Assembly of Ontario

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 139, 39-2
Type	bill
Volume / chapter	p39 s2 bill 139 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	409745c0e38355c9d595bb1b5eebd8f7c11489a7

Source file is stored in the law ingest library (html).