Protecting Ontario’s Streets and Communities Act, 2026 — Bill 119 (44th Parliament, 1st Session)
Bill 119, 44-1
Ontario — Bills
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Bill 119, Protecting Ontario’s Streets and Communities Act, 2026
Kerzner, Hon. Michael S. Solicitor General
Current status:
Second Reading Ordered referred to Standing Committee
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EXPLANATORY
NOTE
SCHEDULE 1
CHILD, YOUTH AND FAMILY SERVICES ACT, 2017
The
Schedule makes various amendments to the Child, Youth and
Family Services Act, 2017 in respect of adoption. Among those amendments
are the following:
1. A
new
section 191.1 allows a Director to grant approvals authorizing a person to
act as an adoption practitioner if the person meets certain criteria. The
approval allows its holder to, for the purposes of the Act, prepare adoption
homestudies as well as reports of the adjustment of a child in the home of a
person who has applied to adopt the child.
Section 191.1 also provides that a
Director may issue a direction to the holder of an approval requiring them to
take any steps outlined in the direction in order to address concerns
identified by the Director.
2. A
new
section 230.1 provides that a Director may, if certain criteria are met,
grant a term on a licence to place children for adoption that permits the
licensee to act under subsection 183 (2) of the Act to bring children who are
not residents of Canada from a specified country into Ontario to be placed for
adoption. Notably, a Director may refuse to grant such a term on the grounds
that it would be inappropriate in the circumstances or contrary to the public
interest. A new
section 234.1 provides for an appeal procedure for certain
decisions respecting the granting of such a term. A new
section 236.1 allows
the Director to, in certain circumstances, suspend such a term.
3. Amendments
are made to the grounds upon which a Director may propose to refuse to issue a
licence to place children for adoption or may propose to revoke or to refuse to
renew such a licence. In particular, a new
section 231.1 provides that a
Director may refuse to issue such a licence if doing so would be contrary to
the public interest, having regard to the number of licensees licensed to place
children for adoption and the number of children in Ontario who are available
for adoption.
addition, the Act is amended to permit a person in charge of a place of secure
custody or a place of secure temporary detention to place a young person in a
locked room in the circumstances, and in accordance with the procedures, that
are prescribed by the regulations. The locked room must also meet any standards
prescribed by the regulations.
SCHEDULE 2
CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000
The
Schedule amends Christopher’s Law (Sex Offender Registry),
2000 as follows:
The
Act currently applies to persons who are convicted or found not criminally
responsible on account of mental disorder of a sex offence, as defined by the
Act to include specified offences. The Act is amended to apply to a person who
is subject to an order or obligation that requires the person to comply with
the Sex Offender Information Registration Act
(Canada). Related amendments are made to the
definitions of “sex offence” and
“offender” and new
definitions of “obligation” and “order” are added.
Amendments
are made to require that offenders comply with the reporting requirements under
the Act for the duration of time that they are a sex offender for the purposes
of the Sex Offender Information Registration Act
(Canada). Transitional rules are included with respect to how the new reporting
requirements apply to offenders who are subject to an order or obligation
before the day the amendments come into force.
The
Schedule repeals the provisions that relate to what occurs when an offender is
pardoned in respect of a sex offence or when their conviction or finding of not
criminally responsible on account of mental disorder is overturned, including
requirements to delete references to an offender from the sex offender
registry. The Act is amended to require the Minister to ensure that such
information that relates to an offender is destroyed and permanently removed
from the sex offender registry as required by and in accordance with the
regulations.
The
Lieutenant Governor in Council’s regulation-making powers are amended to
include, among other things, the authority to prescribe and govern exceptions
respecting the application of the Act and governing the destruction and
permanent removal of information from the sex offender registry.
Existing
references to “the ministry” throughout the Act are updated to refer to “the
Minister”. Other technical amendments are made to the Act.
SCHEDULE 3
COMMUNITY SAFETY AND POLICING ACT, 2019
The
Schedule amends the Community Safety and Policing Act,
2019 . The major elements are described below:
1. Several
provisions throughout the Act relating to misconduct, complaints and
investigations are expanded to apply to prescribed persons.
2. The
duties of the Minister in
section 3 of the Act are expanded to include
consulting with and advising on the effective operation of police service
boards, O.P.P. detachment boards and First Nation O.P.P. boards and monitoring
trends in policing.
3. New
section 3.1 is added to give the Minister the power to issue directives to
police service boards establishing priorities that the board must reflect in
their strategic plan.
Section
22 is amended to allow the Minister to require the Inspector General to
investigate and report on whether appropriate arrangements have been made for
the provision of adequate and effective policing if an arrangement were to be
approved by the Minister under that section. A similar existing power in
subsection 30 (3) is amended to allow the Minister to require the Inspector
General to investigate and report, rather than ask for the investigation and
report.
Section
44 is amended to provide that meetings of a police service board, or of a
committee of the board, are also closed to prescribed persons. The duty of
confidentiality in subsection 44 (4) is expanded to apply to any person who
attends a meeting or part of the meeting that is closed to the public.
6. New
section 49.1 prohibits certain contracts between police service boards and
current or former members of a police service board.
Section
80 is amended to require disclosure of personal information to the Commissioner
in specified cases where the information has been disclosed for the purpose of
the protection of the public. New
section 80.1 requires the Commissioner to
disclose this information on a publicly accessible website. Provisions are set
out for corrections to and the removal of this information.
8. New
section 101.2 authorizes officers of the Royal Canadian Mounted Police or other
prescribed persons who are peace officers under the law of a Canadian
jurisdiction other than Ontario to exercise the prescribed powers of a police
officer under Ontario legislation. It also allows prescribed employees of a
government in a Canadian jurisdiction other than Ontario to be peace officers
in prescribed areas of Ontario.
9. Currently,
subsection 107 (6) requires the Inspector General to forward certain policy or
procedure complaints to the Minister. This subsection is amended to provide
that the Inspector General may, but is not required to, forward the complaints
if the Inspector General has investigated certain matters in the complaint and
determined that there are no further grounds to investigate those matters.
10. New
section 110.1 authorizes the Inspector General to consolidate certain related
complaints.
Section
119 is amended to allow the Inspector General to disclose specified information
to the Minister.
Section
122 is amended to allow the Inspector General to amend or rescind a direction
to a board member under that section.
13. Currently,
the powers in
section 124 may be exercised if the report made under subsection
123 (1) discloses evidence that a member of a board has committed misconduct.
This
section is amended so that the powers may be used only if the Inspector
General is of the opinion that a member of a board has committed misconduct.
The report provisions in sections 124 and 125 are expanded to also apply to any
decisions of the Inspector General to not take action under those sections.
14. Certain
related regulation-making powers are added to
section 261.
SCHEDULE 4
ENFORCEMENT OF CANADIAN RESTRAINING ORDERS ACT, 2026
The
Schedule enacts the Enforcement of Canadian Restraining
Orders Act, 2026 . Under the Act, restraining orders made by courts in
Canada but outside of Ontario are deemed to be Ontario court orders and
enforceable as such. The restraining orders may also be registered with the
Ontario court. A party to a final non-Ontario restraining order can apply in
Ontario under the Family Law Rules to have the order varied or set aside if
specified criteria are met.
complementary amendment is made to
section 21.8 of the Courts
of Justice Act so that applications to vary or set aside a non-Ontario
restraining order fall within the jurisdiction of the Family Court of the
Superior Court of Justice where it sits (and the Superior Court of Justice
otherwise), and to provide the Family Rules Committee with sufficient related
rule-making authority under
section 68 of that Act.
SCHEDULE 5
INTERCOUNTRY ADOPTION ACT, 1998
The
Schedule makes various amendments to the Intercountry
Adoption Act, 1998 . Among those amendments are the following:
1. Currently,
the Act provides that a person who is habitually resident in Ontario may make
an application to a licensee or to a Director for approval to leave Ontario for
the purpose of an intercountry adoption or to finalize an intercountry
adoption. The Act is amended so that such an application may only be made to a
licensee.
2. A
new
section 7.1 allows a Director to grant approvals authorizing a person to
act as an adoption practitioner if the person meets certain criteria. The Act
is further amended to provide that the report of an adoption homestudy for the
purposes of an intercountry adoption must be prepared by a person who holds
such an approval.
Section 7.1 also provides that a Director may issue a
direction to the holder of an approval requiring them to take any steps
outlined in the direction in order to address concerns identified by the
Director.
3. A
new
section 8.2 provides that a Director may grant a term on a licence
permitting the licensee to facilitate intercountry adoptions from a specific
country if certain criteria are met. Notably, a Director may refuse to grant
such a term on the grounds that it would be inappropriate in the circumstances
or contrary to the public interest. A new
section 12.1 provides for an appeal
procedure for certain decisions respecting the granting of such a term. A new
section 14.1 allows the Director to, in certain circumstances, suspend such a
term.
4. Amendments
are made to the grounds upon which a Director may propose to refuse to issue a
licence to facilitate intercountry adoptions or may propose to revoke or to
refuse to renew such a licence.
5. A
new
section 18.1 provides for the issuance of binding directives, to licensees,
in respect of any matters prescribed by the regulations. A new
section 18.2
provides for the issuance of compliance orders in cases of non-compliance with
the Act, its regulations, a directive issued under
section 18.1 or a condition
on a licensee’s licence.
SCHEDULE 6
PILL PRESSES AND PRECURSORS ACT, 2026
The
Pill Presses and Precursors Act, 2026 is enacted.
The
terms “pill press” and “precursor” are defined.
The
use, possession or sale of pill presses or precursors in certain circumstances
is prohibited. The Act also includes a prohibition on the possession of
proceeds of an offence under the Act and a requirement to report stolen pill
presses.
The
Act includes a number of enforcement provisions. A police officer who has
reasonable grounds to believe a person is guilty of an offence may require the
person to identify themself. Provisions are included to provide for offences,
penalties, searches and seizures.
SCHEDULE 7
PLANNING ACT
The
Schedule amends the Planning Act to give local
municipalities the power to impose an administrative penalty on a person if the
local municipality is satisfied that the person has failed to comply with any
provisions of a by-law of the local municipality respecting the matter
described in paragraph 1 of subsection 34 (1) of the Act (restricting use of
land). The amendments also provide that such an administrative penalty
constitutes a debt to the local municipality, which, if not paid within 15 days
after the day it becomes due and payable, may be added to the tax roll and
collected in the same manner as municipal taxes.
SCHEDULE 8
POLICE RECORD CHECKS REFORM ACT, 2015
The
Schedule amends the Police Record Checks Reform Act, 2015
to authorize a chief of police or a member of a police service designated by a
chief of police for the purposes of this Act to apply to the Minister for an
eligible body to be designated as an authorized body for the purposes of
section 6.3 of the Criminal Records Act (Canada).
The
Minister is authorized to make regulations governing the designation of an
eligible body as an authorized body.
SCHEDULE 9
PREVENTION OF AND REMEDIES FOR HUMAN TRAFFICKING ACT, 2017
The
Schedule re-enacts
Part IV of the Act respecting coerced debts: debts incurred
as a result of the debtor being a victim of human trafficking. The Part sets
out prohibitions against the collection or attempted collection of debts that
have been established to be coerced debts under the Part (subsection 22 (1)).
It also contains prohibitions against taking established coerced debts into
account when determining whether to provide specified services or products
(section 23). Contraventions of the prohibitions are offences subject to
specified penalties on conviction (sections 24 and 25).
debt can be established to be a coerced debt in one of three ways: by written
agreement between the debtor and creditor, on application to a court for a
determination or on application to an adjudicator for a determination
(subsection 18 (2)). The Part sets out the framework for establishing a coerced
debt, as well as related procedural preconditions and requirements, which may
be supplemented by regulations made under the Part.
application may not be brought without the involvement of a designated
organization. Designated organizations are entities with experience working
with victims of human trafficking and that meet other specified requirements
(section 34). They may enter into agreements with other organizations that
provide support services to victims of human trafficking for the referral of
debts that the debtor believes to be a coerced debt (section 26). A designated
organization is required to review a debt referred to it and, if it is
satisfied that the debt is a coerced debt, must notify the creditor. On
receiving the notice the creditor is, in most cases, required to ensure that
debt collection is paused for a specified period (section 27). If the debtor
and creditor, with the involvement of the designated organization, do not agree
that the debt is a coerced debt, an application may be brought for a
determination.
Section 28 specifies when an application must be made to a court
and when a determination by an adjudicator under a simplified dispute
resolution process is available under the Part. Applications heard by
adjudicators are in writing only, in accordance with procedures to be set out
by regulations made under the Part (section 29).
The
Part sets out implications of the establishment of a coerced debt, including
requirements for the creditor to notify specified persons and entities (section
31), implications for the civil enforcement of court orders under the rules of
court (section 32) and requirements for authorities that issue specified
licences and permits to take certain steps if the debtor’s licence or permit
was previously implicated by the debtor’s failure to pay a debt (section 33).
Additional
amendments are made to support the re-enactment of
Part IV, including the
following:
1. The
definition of “human trafficking” in
section 1 is re-enacted. The substance of
the previous definition is incorporated into
Part II, which is renamed as a
consequence (restraining orders).
2. Related
amendments are made to the Consumer Reporting Act
and the Personal Property Security Act .
3. The
Protection from Coerced Debts Incurred in relation to
Human Trafficking Act, 2023 is repealed. The main substance of that Act
is retained and expanded on in the Schedule.
Finally,
the
Schedule makes other amendments to the Act, including the following:
1. Amendments
section 10 to expand the list of people who must or may be the subject of an
order under that
section (order restricting publication, etc.).
2. Amendments
to replace gendered language.
3. Grammatical
amendments to the French version of references to “human trafficking”.
SCHEDULE 10
PRIVATE SECURITY AND INVESTIGATIVE SERVICES ACT, 2005
The
Schedule makes various amendments to the Private Security
and Investigative Services Act, 2005 , including the following:
1. Currently,
subsection 2 (4) provides that a security guard is a person who performs work,
for remuneration, that consists primarily of guarding or patrolling for the
purpose of protecting persons or property. The subsection is amended to provide
that a security guard is a person who performs work, for renumeration, that
consists of guarding and patrolling for the purpose of protecting persons or
property.
Section
3 currently provides that the Lieutenant Governor in Council shall appoint a
Registrar of Private Investigators and Security Guards and one or more deputy
registrars. The
section is amended to provide that the Minister shall appoint a
Registrar of Private Investigators and Security Guards and deputy registrars.
3. Subsection
10 (1) is amended to make the payment of the required fee for the issuance or
renewal of the appropriate licence a requirement for a person to be eligible to
hold a licence.
Section
12 is amended to provide that, when a person must do certain things with
respect to their licence, these actions extend to their digital licence or to
the hard copy of their digital licence.
5. Subsections
19 (7) to (10), which set out a facilitation process in cases where a complaint
to the Registrar is in regard to a breach of the code of conduct established
under the regulations, are repealed. Subsection 19 (6) is amended and
subsection 19 (7) is re-enacted to provide that, in such cases, the Registrar
must review the complaint to determine whether an investigation is warranted
and, if so, initiate an investigation.
6. A
new
section 23.1 authorizes justices of the peace to issue production orders to
investigators.
Section
37 is amended so that a person is no longer required to return their licence to
the Registrar in certain circumstances but is instead required to destroy their
licence. Related amendments are made to sections 10, 25 and 29.
SCHEDULE 11
PROVINCIAL ANIMAL WELFARE SERVICES ACT, 2019
Currently,
section 14.1 of the Provincial Animal Welfare Services
Act, 2019 provides for a record-keeping requirement in respect of dogs.
The
section is amended so that the requirement applies in respect of dogs, cats
and any other animals prescribed by the Lieutenant Governor in Council.
SCHEDULE 12
PROVINCIAL OFFENCES ACT
The
Schedule amends
section 5.1 of the Provincial Offences Act
respecting early resolution meetings between defendants and prosecutors in
relation to offence notices served under
Part I of the Act. The amendments set
out a process by which the clerk of the court may enter a conviction and impose
a fine in accordance with an agreement between the defendant and prosecutor in
which the defendant agrees to plead guilty and they both agree to a resulting
penalty. If specified requirements are not met, the matter must proceed to
trial before a justice.
Section 13 is amended to add related regulation-making
authority, and various consequential amendments are made.
The
Schedule also re-enacts the definition of “court” in subsection 1 (1) to
expressly refer to a justice, and makes related consequential amendments
throughout the Act.
Finally,
the
Schedule makes various housekeeping amendments, such as repealing spent
provisions.
SCHEDULE 13
SOCIAL WORK AND SOCIAL SERVICE WORK ACT, 1998
Currently,
the Social Work and Social Service Work Act, 1998
authorizes the Council of the Ontario College of Social Workers and Social
Service Workers or its Executive Committee to make interim orders suspending
the certificate of registration of a member of the College or imposing terms,
conditions or limitations on a member’s certificate of registration in certain
circumstances. Notably, an allegation respecting the member must have been
referred for a hearing before the Discipline Committee or the Fitness to
Practise Committee. The
Schedule amends the Act to, in particular, allow the
Council or Executive Committee to make such interim orders at any point after a
complaint regarding the conduct or actions of a member has been filed with the
Registrar of the College or the Registrar has appointed one or more investigators
to conduct an investigation in respect of a member.
SCHEDULE 14
SPECIAL INVESTIGATIONS UNIT ACT, 2019
The
Schedule amends the Special Investigations Unit Act, 2019 .
The
definition of “official” is amended so that additional persons may be
prescribed as “officials” for the purposes of the Act.
Subsection
36 (1) currently provides that the SIU Director may refer certain matters
involving officials, other than police officers, to a chief of police. The
subsection is amended so that the Director may refer those matters to a
prescribed person instead, though the Director may still refer the matter to a
chief of police if no person has been prescribed.
Regulation-making
powers are added to allow the regulations to clarify or modify the application
of the Act or the regulations to persons prescribed as “officials” or to exempt
them from certain provisions.
SCHEDULE 15
TOWING AND STORAGE SAFETY AND ENFORCEMENT ACT, 2021
The
Schedule makes various amendments to the Towing and
Storage Safety and Enforcement Act, 2021 . Here are some highlights:
1. Currently,
section 9 of the Act provides that an appeal of certain decisions does not
operate as a stay of the decision. The
section is amended to provide that a
further appeal of a decision does not operate as a stay of the appeal body’s
decision unless the Divisional Court orders a stay.
2. Currently,
section 28 of the Act requires the Director of Towing and Vehicle Storage
Standards to publish the amounts for towing services and vehicle storage
services that tow operators and vehicle storage operators are required to
submit to the Director. The
section is amended to require the Director to
publish changes in the amounts submitted within the time period specified by
the regulations.
3. Subsection
38 (1) of the Act is re-enacted to provide for two separate restrictions on the
provision of towing services at a collision. Tow truck drivers, tow operators
and persons acting on their behalf must not provide or offer towing services
within 200 metres of a collision. Tow truck drivers and tow operators are
prohibited from parking or stopping a tow truck within 200 metres of a
collision.
4. New
section 47.1 provides that an offence notice or summons that is provided to a
tow truck driver is deemed to be served on the tow operator of the tow truck.
5. New
subsection 49 (2) authorizes the Director to delegate their powers and duties
under the Act to a person employed in the Ministry.
SCHEDULE 16
VICTIMS’ BILL OF RIGHTS, 1995
The
Victims’ Bill of Rights, 1995 is amended with
respect to harassment:
1. Subsection
3 (2) lists victims of crimes that are presumed to have suffered emotional
distress for the purposes of subsection 3 (1), which establishes a specified
cause of action against persons convicted of crimes prescribed by the
regulations made under the Act. Victims of criminal harassment are added to the
list.
2. A
new cause of action against persons who engage in harassment is added in
section 3.1. The cause of action is not contingent on a charge or conviction of
criminal harassment against the defendant.
Section 4.1 is added to provide that
if a plaintiff brings multiple actions for harassment against the same person
under the Act, the court must take into account any damages already awarded in
respect of the harassing conduct in another action.
number of housekeeping amendments are also made to the Act, including
amendments to remove gendered language.
Bill 119 2026
An Act to enact two new Acts and to amend
various other Acts
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule
Child,
Youth and Family Services Act, 2017
Schedule
Christopher’s
Law (Sex Offender Registry), 2000
Schedule
Community
Safety and Policing Act, 2019
Schedule
Enforcement
of Canadian Restraining Orders Act, 2026
Schedule
Intercountry
Adoption Act, 1998
Schedule
Pill
Presses and Precursors Act, 2026
Schedule
Planning
Act
Schedule
Police
Record Checks Reform Act, 2015
Schedule
Prevention
of and Remedies for Human Trafficking Act, 2017
Schedule
Private
Security and Investigative Services Act, 2005
Schedule
Provincial
Animal Welfare Services Act, 2019
Schedule
Provincial
Offences Act
Schedule
Social
Work and Social Service Work Act, 1998
Schedule
Special
Investigations Unit Act, 2019
Schedule
Towing
and Storage Safety and Enforcement Act, 2021
Schedule
Victims’
Bill of Rights, 1995
Preamble
The
Government of Ontario is committed to:
Protecting
Ontario communities by supporting an efficient and effective justice system.
Providing
tools for stronger enforcement to address illegal activity and to better
protect Ontario.
Taking
action to protect people, including vulnerable populations, and increasing
efforts to support victims of human trafficking.
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 of its provisions are to come into
force on a day to be named by order of the Lieutenant Governor in Council, an
order may apply to one or more of those provisions, and orders may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Protecting Ontario’s Streets and Communities Act, 2026 .
SCHEDULE 1
CHILD, YOUTH AND FAMILY SERVICES ACT, 2017
Subsection 33 (1) of the Child, Youth and Family Services
Act, 2017 is amended by striking out “or” at the end of clause (
c) and
by adding the following clause:
(c.1) in
the case of a licensee whose licence is issued under
Part VIII (Adoption and
Adoption Licensing), a condition of the licence; or
Section 145 of the Act is amended by adding the following subsection:
Locked
room
(5) A
person in charge of a place of secure custody or a place of secure temporary
detention may, in the prescribed circumstances and in accordance with the
prescribed procedures, place a young person in a locked room that meets any
prescribed standards.
Subsection 174 (1) of the Act is amended by adding “or in accordance with
Part
VI (Youth Justice)” at the end.
Subsection 183 (4) of the Act is repealed and the following substituted:
Placement
of child from outside of Canada
(4) No
licensee described in subsection (2) shall bring a child who is not a resident
of Canada into Ontario to be placed for adoption unless,
(
a) the
licensee is permitted under its licence to bring children into Ontario to be
placed for adoption from the country in question;
(
b) the licensee has obtained a Director’s approval of the person with whom the
child is to be placed as eligible and suitable to adopt under
section 189; and
(
c) after
obtaining the approval referred to in clause (b), the licensee has obtained a
Director’s approval of the proposed placement under
section 190.
Subsection 188 (2) of the Act is repealed and the following substituted:
Who
may make homestudy
(2) The
report of the adoption homestudy shall be prepared by a person who,
(
a) holds an approval to act as an adoption
practitioner issued by a Director under
section 191.1; or
(
b) is,
in the opinion of a local director, qualified to make an adoption homestudy.
Subsection 189 (2) of the Act is repealed and the following substituted:
Who
may make homestudy
(2) The
report of the adoption homestudy shall be prepared by a person who,
(
a) holds
an approval to act as an adoption practitioner issued by a Director under
section 191.1; or
(
b) is,
in the opinion of a local director, qualified to make an adoption homestudy.
7 The Act is amended by adding the following
section:
Approvals
to act as an adoption practitioner
191.1
(1) A
Director may grant a person an approval authorizing the person to act as an
adoption practitioner if,
(
a) the
Director is of the opinion that the person is qualified and competent to make
adoption homestudies, supervise adoption placements, prepare reports respecting
a child’s adjustment in the home and carry out any other related
responsibilities and will do so with honesty and integrity; and
(
b) the
person meets the prescribed criteria, if any.
Duration
(2) An
approval is valid for the length of time indicated by the Director in the
approval.
Directions
(3) A
Director may issue a direction to a person who holds an approval requiring the
person to take any steps outlined in the direction within the time period
specified in the direction in order to address any concerns identified by the
Director about the person’s ability to carry out any of the activities referred
to in subsection (1).
Same
(4) Without
limiting the generality of subsection (3), a direction under that subsection
may require the holder of an approval to do one or more of the following:
1. Do
or refrain from doing anything outlined in the direction.
2. Prepare,
submit and implement a plan to address the concerns identified by the Director.
3. Complete
any training specified in the direction.
Revocation,
etc.
(5) A
Director may suspend, revoke or refuse to renew an approval if the holder of
the approval fails to comply with a direction issued under subsection (3).
Same
(6) Subsection
(5) shall not be interpreted as restricting the Director’s authority to
suspend, revoke or refuse to renew an approval for reasons other than the
reason set out in that subsection.
Transition
(7) Any
document attesting to a person being, in the opinion of the Director, qualified
to make an adoption homestudy for the purposes of subsection 188 (2) or 189
(2) or any Director’s approval referred to in clause 202 (6) (b), as those
provisions read immediately before the day on which the Protecting
Ontario’s Streets and Communities Act, 2026 received Royal Assent, that
was issued before that day is deemed to be an approval to act as an adoption
practitioner issued by a Director under this section.
Clause 202 (6) (
b) of the Act is repealed and the following substituted:
(
b) a
person who holds an approval to act as an adoption practitioner issued by a
Director under
section 191.1 or who is approved by a local director.
(1) Subsections 229 (2) to (4) of the Act are repealed and the
following substituted:
Application
(2) An
application for a licence or the renewal of a licence to place children for
adoption shall be made by submitting to a Director,
(
a) an
application, in the form approved by the Minister, completed by the applicant;
(
b) any
information or documentation that may be prescribed; and
(
c) payment
of the prescribed fee, if any.
Additional
information
(3) An
applicant for a licence or the renewal of a licence shall provide any
additional information or documentation that the Director considers necessary
to assess the application.
Additional
requirements
(4) An
applicant for a licence or the renewal of a licence shall comply with any other
requirements that may be prescribed.
Director’s
duty to issue or renew
(4.1) Subject
to subsection (4.2), a Director shall issue or renew a licence if the applicant
has complied with subsections (2) to (4), unless,
(
a) the
Director proposes to refuse to do so in accordance with
section 231 or 232;
(
b) in
the case of an application for a licence, the Director refuses, under
section
231.1, to issue the licence; or
(
c) the
Director is not prepared, under
section 230.1, to grant a term on the licence
permitting the applicant to act under subsection 183 (2) to bring children who
are not residents of Canada into Ontario to be placed for adoption, if the
applicant is not also seeking to place children who are resident in Ontario for
adoption.
Individual
or non-profit agency only
(4.2) A
licence shall only be issued to an individual or a non-profit agency.
(2) Section
229 of the Act is amended by adding the following subsection:
Transition
(8) If,
on the day subsection 9 (1) of
Schedule 1 to the Protecting
Ontario’s Streets and Communities Act, 2026 comes into force, the
Director has yet to make a decision on an application for a licence or to renew
a licence that was made before that day,
section 231.1 does not apply to the
application and this
section and sections 231 and 232, as they read immediately
before being amended by
Schedule 1 to the Protecting
Ontario’s Streets and Communities Act, 2026 , continue to apply to the
application.
The Act is amended by adding the following section:
Terms
permitting intercountry placements
230.1
(1) On
issuing or renewing a licence or at any other time, a Director may grant a term
on the licence permitting the licensee to act under subsection 183 (2) to bring
children who are not residents of Canada from a specified country into Ontario
to be placed for adoption if,
(
a) the
applicant or licensee had requested the term and had done so in accordance with
the regulations, if any;
(
b) the
applicant or licensee has provided any additional information or documentation
that the Director has indicated as being necessary to assess the application;
and
(
c) the
Director is of the opinion that,
(
i) the
applicant or licensee is competent to facilitate intercountry adoptions from
that country, and
(ii) granting
the term is appropriate in the circumstances and not contrary to the public
interest, having regard to the considerations set out in subsection (2).
Considerations
(2) The
following are the considerations mentioned in subclause (1) (c) (ii):
1. The
number of licensees whose licence permits them to bring children from that
country into Ontario to be placed for adoption and the number of children in
that country who are available for intercountry adoption.
2. The
adequacy of safeguards with respect to the intercountry adoption process that
exist in that country.
3. Any
additional considerations that may be prescribed.
4. Any
other considerations that, in the Director’s opinion, are relevant.
Public interest
(3) The
decision to refuse to grant a term under subsection (1) on the grounds that
granting the term is inappropriate in the circumstances or contrary to the
public interest is within the sole discretion of a Director and is not subject
to appeal to the Tribunal.
Transition
(4) A
term permitting the licensee to act under subsection 183 (2) that is contained
in a licence issued before the day
section 10 of
Schedule 1 to the Protecting Ontario’s Streets and Communities Act, 2026 comes
into force remains valid, despite anything in this
section and subject to
section 236.1.
Same
(5) If,
on the day
section 10 of
Schedule 1 to the Protecting
Ontario’s Streets and Communities Act, 2026 comes into force, a Director
has yet to make a decision on a request that the Director include in a licence
a term permitting the licensee to act under subsection 183 (2) that was made
before that day, the request shall be considered by the Director without
reference to this section.
(1) Clause 231 (
a) of the Act is repealed and the following
substituted:
(
a) the
applicant, an employee of the applicant or, if the applicant is a corporation,
an officer or director of the corporation is not competent to place children
for adoption in a responsible manner in accordance with this Act and the
regulations or any other applicable law;
(2) Clause
231 (
b) of the Act is amended by adding “or any other applicable law or will
not be carried on with honesty and integrity” after “the regulations”.
The Act is amended by adding the following section:
Grounds
for refusal, public interest
231.1
(1) A
Director may refuse to issue a licence where, in the Director’s opinion,
issuing the licence would be contrary to the public interest, having regard to
the number of licensees licensed to place children for adoption and the number
of children in Ontario who are available for adoption.
Decision
at Director’s discretion
(2) The
decision to refuse to issue a licence under subsection (1) is within the sole
discretion of a Director and is not subject to appeal to the Tribunal.
(1) Clause 232 (
a) of the Act is amended by striking out the portion
before subclause (
i) and substituting the following:
(
a) the
licensee, an employee of the licensee or, if the licensee is a corporation, an
officer or director of the corporation has contravened or has knowingly
permitted a person under their control or direction or associated with them to
contravene,
. . . .
(2) Section
232 of the Act is amended by adding the following clause:
(a.1) the
conduct of any person mentioned in clause (
a) affords reasonable grounds to
believe that,
(
i) children
are not being or will not be placed for adoption in a responsible manner in
accordance with this Act, the regulations or any other applicable law, or
(ii) children
are not being or will not be placed for adoption with honesty and integrity;
14 The Act is amended by adding the following
section:
Review
of decision not to grant term
234.1
(1) Where a
director, under
section 230.1, refuses to grant a term on a licence permitting
the licensee to act under subsection 183 (2) to bring children who are not
residents of Canada from a given country into Ontario to be placed for
adoption, the Director shall notify the licensee of the decision.
Request
for hearing
(2) A
notice under subsection (1) shall set out the reasons for the decision and
shall, unless the refusal is based on the grounds set out in subsection 230.1
(3), state that the licensee is entitled to a hearing by the Tribunal if they
deliver a written request for a hearing to the Director and to the Tribunal
within 10 days after the notice is given.
Power
of Tribunal where hearing requested
(3) Where
a licensee requests a hearing under subsection (2), the Tribunal shall appoint
a time for and hold a hearing and may, on hearing the matter,
(
a) confirm
the Director’s decision; or
(
b) order
the Director to take such other action as the Tribunal considers appropriate,
in accordance with this Part and the regulations.
Discretion
of Tribunal
(4) In
making an order under subsection (3), the Tribunal may substitute its opinion
for that of the Director.
Subsection 236 (3) of the Act is repealed and the following substituted:
Request
for hearing
(3) A
notice under subsection (1) shall set out the reasons for the suspension and
shall state that the licensee is entitled to a hearing by the Tribunal if they
deliver a written request for a hearing to the Director and to the Tribunal
within 10 days after the notice is given.
Powers
of Tribunal where hearing requested
(4) Where
a licensee requests a hearing under subsection (2), the Tribunal shall appoint
a time for and hold a hearing and may, on hearing the matter,
(
a) rescind
or confirm the suspension; or
(
b) order
the Director to take such other action as the Tribunal considers appropriate,
in accordance with this Part and the regulations.
Discretion
of Tribunal
(5) In
making an order under subsection (4), the Tribunal may substitute its opinion
for that of the Director.
The Act is amended by adding the following section:
Suspension
of term permitting intercountry adoptions
236.1
(1) A
Director may, by giving written notice to a licensee, suspend a term of the
licence permitting the licensee to act under subsection 183 (2) to bring
children into Ontario to be placed for adoption from the country specified in
the term if, in the Director’s opinion, the safeguards with respect to the
intercountry adoption process in that country are inadequate so as to pose an
immediate or imminent threat to the health, safety or welfare of children.
Decision
at Director’s discretion
(2) The
decision to suspend a term under subsection (1) is within the sole discretion
of the Director and is not subject to appeal to the Tribunal.
Section 344 of the Act is amended by adding the following paragraph:
2.1 prescribing,
for the purposes of subsection 145 (5), standards that a locked room must meet,
circumstances in which a person in charge of a place of secure custody or a
place of secure temporary detention may place a young person in a locked room
and the procedures to be followed in such circumstances;
(1) Subsection 346 (1) of the Act is amended by adding the following
paragraphs:
5.1 prescribing
criteria for the purposes of clause 191.1 (1) (b);
5.2 prescribing
rules and standards that apply to persons who hold approvals to act as an
adoption practitioner issued by a Director under subsection 191.1 (1);
(2) Paragraph
22 of subsection 346 (1) of the Act is repealed and the following substituted:
22. governing
the issuing, renewal and expiry of licences, including prescribing information
or documentation for the purposes of clause 229 (2) (b), fees for the purposes
of clause 229 (2) (
c) and requirements for the purposes of subsection 229 (4);
(3) Subsection
346 (1) of the Act is amended by adding the following paragraphs:
22.1 governing
the manner in which an applicant or licensee must request to be able to
facilitate intercountry adoptions from a country for the purposes of clause
230.1 (1) (a), including requiring the applicant or licensee to provide
specified information or documents;
. . . .
24.1 prescribing
additional considerations for the purposes of paragraph 3 of subsection 230.1
(2);
Commencement
(1) Except as otherwise provided in this
section, this
Schedule comes into force on the day the Protecting
Ontario’s Streets and Communities Act, 2026 receives Royal Assent.
(2) Sections
9 to 16 and subsections 18 (2) and (3) come into force on a day to be named by
order of the Lieutenant Governor in Council.
SCHEDULE 2
CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000
subsection 1 (1) of Christopher’s Law (Sex Offender
Registry), 2000 is amended by striking out “the Ministry” and
substituting “the ministry”.
(2) Subsection
1 (1) of the Act is amended by adding the following definition:
“obligation”
means,
(
a) an
obligation under
section 490.019 or 490.02901 of the Criminal
Code (Canada) to comply with the Sex Offender Information Registration Act (Canada),
(
b) an
obligation under
section 36.1 of the International
Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act (Canada);
(“obligation”)
(3) The
definition of “offender” in subsection 1 (1) of the Act is repealed and the
following substituted:
“offender”
means a person described in
section 1.1; (“délinquant”)
(4) Subsection
1 (1) of the Act is amended by adding the following definition:
“order”
means an order under
section 490.012 of the Criminal Code
(Canada) to comply with the Sex Offender Information
Registration Act (Canada); (“ordonnance”)
(5) The
definition of “pardon” in subsection 1 (1) of the Act is repealed.
(6) The
definition of “sex offence” in subsection 1 (1) of the Act is repealed and the
following substituted:
“sex
offence” means an offence in connection with which an order or obligation is
made; (“infraction sexuelle”)
(7) The
definition of “sex offender registry” in subsection 1 (1) of the Act is amended
by striking out “established under
section 2” at the end and substituting
“referred to in
section 2”.
The Act is amended by adding the following section:
Application
of Act
1.1 Except as otherwise
prescribed, this Act applies to every person who is resident in Ontario and who
is subject to an order or an obligation on or after the day this
section comes
into force.
Section 2 of the Act is amended by,
(
a) striking
out “The ministry” at the beginning and substituting “The Minister”; and
(
b) striking
out “the sex offences for which, on or after the day
section 3 comes into
force, they are serving or have served a sentence or of which they have been
convicted or found not criminally responsible on account of mental disorder”
and substituting “the sex offences for which they were convicted or found not
criminally responsible on account of mental disorder”.
(1) Subsection 3 (1) of the Act is amended by striking out “who is
resident in Ontario” in the portion before clause (a).
(2) Clause
3 (1) (
b) of the Act is amended by striking out “an absolute or conditional
discharge” and substituting “a conditional discharge”.
(3) Clauses
3 (1) (e.1) and (e.2) of the Act are repealed.
(4) Section
3 of the Act is amended by adding the following subsection:
Exception
(1.0.0.1) Despite
a requirement under subsection (1) for an offender to appear in person at a
location, an offender who was subject to an order or an obligation before the
day subsection 4 (4) of
Schedule 2 to the Protecting
Ontario’s Streets and Communities Act, 2026 comes into force is not
required to appear in person at a location within the prescribed periods
described in clauses (1) (
a) to (
b) if, before that day, the offender appeared
in person at a location as required by any of those clauses.
(5) The
French version of subsections 3 (1.0.1), (1.0.2) and (1.4) of the Act is
amended by striking out “l’obligation” wherever it appears and substituting in
each case “l’exigence”.
(6) Subsections
3 (1.1) to (1.3) of the Act are repealed.
(7) Subsection
3 (3) of the Act is amended by striking out “subsections (1), 7 (2), 9 (1) and
9.0.1 (1)” and substituting “subsections (1) and 7 (2)”.
(8) Subsection
3 (4) of the Act is repealed and the following substituted:
Notice
of requirement to report
(4) Every
police service shall make reasonable efforts to provide notice to every person
it charges that the person may be required to report under subsection (1) if
the offence on which the charge is based could, if the person is convicted or
found not criminally responsible on account of mental disorder for such
offence, result in an order or obligation.
(9) Subsection
3 (5) of the Act is repealed and the following substituted:
Notice of requirements of Act
(5) If
an offender appears in person at a location under any of clauses (1) (
a) to
(b), the police service shall make reasonable efforts to ensure that it gives
written notice to the offender of the requirements of this Act.
(10) Subsection
3 (6) of the Act is amended by striking out “the ministry” at the end and
substituting “the Minister”.
The Act is amended by adding the following section:
Reporting
period
3.1 An offender shall
comply with
section 3 in accordance with the following rules:
1. Unless
paragraph 2 applies, the offender shall comply with
section 3 for the duration
of time the offender is a sex offender for the purposes of the Sex Offender Information Registration Act (Canada).
2. If,
on the day before
section 5 of
Schedule 2 to the Protecting
Ontario’s Streets and Communities Act, 2026 comes into force, the
offender was subject to an order or an obligation and was required to comply
with
section 3 of this Act, the offender is required to comply with
section 3
until the earlier of the following dates:
i. The
date on which the offender is no longer a sex offender for the purposes of the Sex Offender Information Registration Act (Canada).
ii. The
date on which the offender would no longer have been required to comply with
section 3, as determined on the day before
section 5 of
Schedule 2 to the Protecting Ontario’s Streets and Communities Act, 2026 came
into force.
Section 4 of the Act is amended by striking out “the ministry” wherever it
appears and substituting in each case “the Minister”.
Section 4.1 of the Act is amended by striking out “the ministry” wherever it
appears and substituting in each case “the Minister”.
Section 5 of the Act is amended by striking out “the ministry” wherever it
appears and substituting in each case “the Minister”.
Subsection 6 (3) of the Act is amended by striking out “the ministry” wherever
it appears and substituting in each case “the Minister”.
(1) Subsection 7 (1) of the Act is repealed.
(2) Subsection
7 (2) of the Act is amended by,
(
a) striking
out “who is resident in Ontario” in the portion before clause (a); and
(
b) striking
out “an absolute or conditional discharge” in clause (
b) and substituting “a
conditional discharge”.
(3) The
French version of subsections 7 (2.0.1) and (2.0.2) of the Act is amended by
striking out “l’obligation” wherever it appears and substituting in each
case
“l’exigence”.
(4) Subsections
7 (2.1) and (2.2) of the Act are repealed.
(5) Subsection
7 (4) of the Act is repealed.
Section 8 of the Act is repealed.
Sections 9, 9.0.1 and 9.1 of the Act are repealed and the following
substituted:
Permanent
removal and destruction of information
The Minister shall ensure that such information that relates
to an offender is destroyed and permanently removed from the sex offender
registry as required by and in accordance with the regulations.
Section 10 of the Act is amended by striking out “employee of or person
authorized by the ministry” wherever it appears and substituting in each case
“employee of the ministry or person authorized by the Minister”.
Section 10.1 of the Act is amended by striking out “employee of or person
authorized by the ministry” wherever it appears and substituting in each case
“employee of the ministry or person authorized by the Minister”.
“the offender may” and substituting “the officer may”.
(1) Section 14 of the Act is amended by striking out the portion
before clause (
a) and substituting the following:
Regulations
The
Lieutenant Governor in Council may make regulations respecting any matter that
the Lieutenant Governor in Council considers necessary or advisable to carry
out effectively the intent and purpose of this Act, including,
. . . .
(2) Clause
14 (
a) of the Act is repealed and the following substituted:
(
a) prescribing
and governing exceptions that apply for the purposes of
section 1.1;
(3) Clause
14 (
f) of the Act is amended by striking out “the ministry and any other
ministry” and substituting “the Minister and any other Minister”.
(4) Clause
14 (
g) of the Act is amended by striking out “the ministry” and substituting
“the Minister”.
(5) The
French version of clause 14 (h.3) of the Act is amended by striking out
“obligations” and
substituting “exigences”.
(6) The
French version of subclause 14 (h.4) (ii) of the Act is amended by striking out
“l’obligation” and substituting “l’exigence”.
(7) Clause
14 (h.5) of the Act is repealed.
(8) Clause
14 (h.6) of the Act is repealed and the following substituted:
(h.6) governing
the destruction and permanent removal of information from the sex offender
registry, including prescribing when such information must be destroyed and permanently
removed;
(9) Clause
14 (
i) of the Act is repealed and the following substituted:
(
i) governing
any transitional matters which, in the opinion of the Lieutenant Governor in
Council, are necessary or desirable to facilitate the implementation of
Schedule 2 to the Protecting Ontario’s Streets and
Communities Act, 2026 .
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 3
COMMUNITY SAFETY AND POLICING ACT, 2019
The definition of “misconduct” in subsection 2 (1) of the Community
Safety and Policing Act, 2019 is amended by striking out “or” at the end
of clause (b), by adding “or” at the end of clause (
c) and by adding the
following clause:
(
d) in
the case of a prescribed person who is not described in clause (a), (
b) or (c),
any conduct that is prescribed for the purposes of this clause; (“faute”)
(1) Clause 3 (1) (
d) of the Act is amended by striking out “in
respect of policing, the administration of police services and related matters”
in the portion before subclause (
i) and substituting “in respect of policing,
the administration of police services, the effective operation of police
service boards, O.P.P. detachment boards and First Nation O.P.P. boards and
related matters”.
(2) Clause
3 (1) (
g) of the Act is repealed and the following substituted:
(
g) monitor
trends in policing and conduct research and analysis to inform policy and
program development, system planning and the evaluation of service delivery and
outcomes in respect of policing, public complaints and related matters;
The Act is amended by adding the following section:
Directive
establishing priorities
3.1
(1) The
Minister may issue a directive to a police service board to establish
priorities for the board that must be reflected in the board’s strategic plan.
Copy
to Inspector General
(2) The
Minister shall provide a copy of any directive issued under this
section to the
Inspector General.
General
or particular
(3) A
directive issued under this
section may be general or particular in its
application.
Non-application
of Legislation Act, 2006
(4) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to directives issued under this section.
Section 22 of the Act is amended by adding the following subsection:
Inspector
General
(5.1) The
Minister may require the Inspector General to investigate and report on whether
appropriate arrangements have been made for the provision of adequate and
effective policing in the affected area if an arrangement were to be approved
under subsection (1) or (2).
Subsection 30 (3) of the Act is repealed and the following substituted:
Inspector
General
(3) The
Minister may require the Inspector General to investigate and report on whether
appropriate arrangements have been made for the provision of adequate and
effective policing in the affected area if the municipal board is dissolved.
Subsection 35 (4) of the Act is amended by striking out “following their
appointment” and substituting “following the day the person became a member of
the board or committee”.
(1) Paragraph 2 of subsection 39 (1) of the Act is repealed and the
following substituted:
2. The
objectives, priorities and core functions of the police service, which must
reflect any applicable priorities established by a directive issued to the
police service board under
section 3.1.
(2) Section
39 of the Act is amended by adding the following subsections:
Directive
(5.1) If
a directive is issued to a police service board under
section 3.1, the police
service board shall review the strategic plan and, if necessary, revise it to
reflect the priorities set out in the directive.
Review
to be completed within specified time
(5.2) The
police service board shall review and revise the strategic plan within the time
period specified by the Minister in the directive.
Consultation,
etc., does not apply
(5.3) Subsections
(2) to (4) do not apply to any review or revision of a strategic plan that is
required under subsection (5.1).
(1) Section 44 of the Act is amended by adding the following
subsection:
Other
persons prohibited from closed meeting
(3.1) A
meeting or part of a meeting that is closed to the public under subsection
(2) or (3) is also closed to any prescribed persons.
(2) Subsection
44 (4) of the Act is amended by striking out the portion before clause (
a) and
substituting the following:
Duty
of confidentiality
(4) Any
person who attends a meeting or part of a meeting that is closed to the public
under subsection (2) or (3) shall keep any matter considered in the closed part
of the meeting confidential, including by keeping confidential any information
obtained for the purpose of considering the confidential matter, except,
. . . .
The Act is amended by adding the following section:
Restriction
on contracts with current or former board members
49.1
(1) A police
service board shall not enter into a contract to employ, whether as a member of
the police service or otherwise, a current or former member of a police service
board unless at least two years have passed since the person was a member of a
police service board.
Same
(2) A
police service board shall not enter into a contract to receive services from a
current or former member of a police service board unless at least two years
have passed since the person was a member of a police service board.
Transition
(3) This
section does not apply to contracts that were entered into before the day this
section came into force.
Subsection 60 (1) of the Act is amended by striking out “Subject to subsection
(2)” at the beginning of the portion before clause (a).
(1) The French version of clause 79 (2) (
a) of the Act is amended by
striking out “ses activités” and substituting “son fonctionnement”.
(2) The
French version of clause 79 (3) (
a) of the Act is amended by striking out “ses
activités” and substituting “son fonctionnement”.
(1) Section 80 of the Act is amended by adding the following
subsection:
Copy
to Commissioner
(2.1) If
a chief of police, other than the Commissioner, or their designate discloses
personal information under subsection (1) that, in the chief’s or designate’s
opinion, meets the requirements of subsection 80.1 (1), the chief of police or
designate shall notify and provide a copy of the information to the
Commissioner.
(2) Subsection
80 (3) of the Act is amended by striking out “subsection (1)” and substituting
“subsection (1) or (2.1)”.
(3) Subsection
80 (4) of the Act is amended by striking out “subsection (1)” and substituting
“subsection (1) or (2.1)”.
The Act is amended by adding the following section:
Public
website
80.1
(1) The
Commissioner shall publish on a publicly accessible website any personal
information that is disclosed by a chief of police or designate in accordance
with
section 80 if,
(
a) the
personal information was disclosed for the purpose of the protection of the
public;
(
b) the
individual to whom the personal information relates has been convicted or found
guilty of an offence under any federal Act or of a prescribed offence;
(
c) the
chief of police or designate reasonably believes that the individual to whom
the personal information relates poses a significant risk to other persons or
to property; and
(
d) the
chief of police or designate reasonably believes that the disclosure of the
personal information is necessary to reduce the risk described in clause (c).
Caution
(2) The
Commissioner shall ensure that the website prominently displays a caution
warning users that any use of the information on the website to injure, harass
or commit a criminal act against any person may subject the user to criminal
prosecution.
Notice
(3) Before
publishing personal information in accordance with subsection (1), the
Commissioner shall, in accordance with the regulations, make reasonable efforts
to ensure that written notice is given to the person to whom the personal
information relates and for them to be given an opportunity to identify any
errors and correct the personal information.
Corrections
(4) Subsection
47 (2) of the Freedom of Information and Protection of
Privacy Act and subsection 36 (1) of the Municipal
Freedom of Information and Protection of Privacy Act do not apply with
respect to personal information disclosed in accordance with subsection (1) and
instead any person may apply to request that the personal information be
corrected in accordance with the regulations.
Removal
of information
(5) The
Commissioner shall remove personal information about a person from the website,
(
a) within
a prescribed period of time after it was published if the person has not been
convicted or found guilty of an offence under any federal Act, or of a
prescribed offence, since the date of publication; or
(
b) in
any other prescribed circumstances.
Commissioner’s
discretion
(6) The
Commissioner may remove, or decline to publish, any personal information on the
website if the Commissioner determines it to be in the public interest to do
so.
Deemed
compliance
(7) Any
disclosure made under subsection (1) 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 .
Subsection 96 (5) of the Act is repealed.
Subsection 101.1 (4) of the Act is repealed.
Part VI of the Act is amended by adding the following section:
Royal
Canadian Mounted Police Officers and Other Peace Officers
Royal
Canadian Mounted Police officers and other peace officers
101.2
(1) An
officer of the Royal Canadian Mounted Police, or another prescribed person who
is a peace officer under the law of a Canadian jurisdiction other than Ontario,
may exercise the prescribed powers of a police officer under Ontario
legislation.
Peace
officers in prescribed areas
(2) A
person is a peace officer in a prescribed area of Ontario if they meet all of
the following requirements:
1. The
person is a prescribed employee of a prescribed agency or department of a
government in a Canadian jurisdiction other than Ontario.
2. The
person is a peace officer under the law of a Canadian jurisdiction other than
Ontario.
(1) Subsection 107 (6) of the Act is repealed and the following
substituted:
Policy
or procedure complaint, no investigation
(6) If
the Inspector General receives a complaint described in subsection (6.1), the
Inspector General shall,
(
a) forward
the complaint to the Minister and to,
(
i) the
police service board that maintains the police service, if the complaint
relates to the board’s policies, by-laws, rules or procedures or the procedures
established by the chief of police, or
(ii) the
O.P.P. detachment board or the First Nation O.P.P. board, if the complaint
relates to the board’s local policies, by-laws, rules or procedures; and
(
b) inform
the complainant of the decision and of the persons or bodies that the complaint
has been forwarded to.
Same
(6.1) Subsection
(6) applies to the following complaints:
1. A
complaint that does not relate to the matters referred to in clause (1) (
a) or
(
b) but that does relate to the policies, by-laws, rules or procedures referred
to in clause (1) (
c) or (d).
2. A
complaint that relates to both the matters referred to in clause (1) (
a) or (
b) and the policies, by-laws, rules or procedures referred to in clause (1) (
c) or
(
d) where the Inspector General has determined that there do not appear to be
grounds to investigate the matters referred to in clause (1) (
a) or (b).
Policy
or procedure complaint, no further grounds to investigate
(6.2) If
the Inspector General receives a complaint described in subsection (6.3), the
Inspector General may take the actions described in clause (6) (
a) or (
b) with
respect to the complaint or may choose to take no further action.
Same
(6.3) Subsection
(6.2) applies to a complaint that relates to both the matters referred to in
clause (1) (
a) or (
b) and the policies, by-laws, rules or procedures referred
to in clause (1) (
c) or (
d) where the Inspector General has investigated the
matters referred to in clause (1) (
a) or (
b) and determined that there do not
appear to be grounds to investigate them further.
(2) Subsection
107 (7) of the Act is amended by striking out “that receives a complaint under
subsection (6)” in the portion before clause (
a) and substituting “that is
forwarded a complaint by the Inspector General under this section”.
(3) Subsection
107 (9) of the Act is amended by striking out “received under clause (6) (a)”
and substituting “that is forwarded to them by the Inspector General under this
section”.
The Act is amended by adding the following section:
Consolidation
of complaints
110.1
(1) The
Inspector General may consolidate two or more complaints made under
section 106
or 107 if,
(
a) the
Inspector General determines that the complaints relate to the same matter; or
(
b) the
prescribed circumstances exist.
Effect
of consolidation
(2) Complaints
that have been consolidated under this
section into a single complaint shall be
treated as a single complaint for the purposes of this Part.
Section 119 of the Act is amended by adding the following subsection:
Disclosure
to Minister
(2) The
Inspector General may disclose information to the Minister if the information
is related to the discharge of the Minister’s duties.
Subsection 120 (2) of the Act is repealed and the following substituted:
Misconduct
notice
(2) If,
in the course of an inspection under this Part, an inspector becomes aware that
a police officer, a special constable employed by the Niagara Parks Commission,
a member of a police service board, an O.P.P. detachment board or a First
Nation O.P.P. board, a peace officer in the Legislative Protective Service or a
prescribed person may have engaged in conduct that constitutes misconduct,
(
a) the
inspector shall notify the Inspector General; and
(
b) if
the misconduct is alleged to have been committed by a police officer, a special
constable employed by the Niagara Parks commission, a peace officer in the
Legislative Protective Service or a prescribed person, the Inspector General
shall notify the Complaints Director.
(1) Subsection 122 (1) of the Act is repealed and the following
substituted:
Board
member duties during and after investigation
(1) The
Inspector General may direct a member of a police service board, an O.P.P.
detachment board or a First Nation O.P.P. board whose conduct is being
investigated under this Part to decline to exercise their powers or perform
their duties as a member of the board.
Compliance
(1.1) A
member who receives a direction under subsection (1) must comply with the
direction until the earliest of the following:
1. The
day the member receives notice from the Inspector General that the direction
has been rescinded.
2. The
day the member receives notice from the Inspector General that no further
action will be taken in respect of the investigation.
3. The
day the Inspector General exercises a power under
section 124 as a result of
the investigation.
Amendment
or rescission
(1.2) The
Inspector General may amend or rescind a direction issued under this
section at
any time.
(2) Subsection
122 (2) of the Act is amended by striking out “of subsection (1)” and
substituting “of a direction issued under this section”.
(1) Subsection 124 (1) of the Act is amended by striking out the
portion before clause (
a) and substituting the following:
Inspector
General’s powers
(1) If,
after reviewing a report made under subsection 123 (1), the Inspector General
is of the opinion that a member of a board has committed misconduct, the
Inspector General may,
. . . .
(2) Subsection
124 (7) of the Act is amended by striking out “shall not be reappointed” and
substituting “shall not be appointed or reappointed”.
(3) Subsection
124 (8) of the Act is repealed and the following substituted:
Report
(8) The
Inspector General shall prepare a report respecting any action the Inspector
General has taken under subsection (1), or respecting the decision not to take
an action under that subsection, in response to a report made under subsection
123 (1) and shall publish the report on the Internet in accordance with the
regulations made by the Minister, if any.
Subsection 125 (8) of the Act is repealed and the following substituted:
Report
(8) The
Inspector General shall prepare a report respecting any direction the Inspector
General has issued under subsection (1), or respecting the decision not to
issue a direction under that subsection, in response to a report made under
subsection 123 (1) and shall publish the report on the Internet in accordance
with the regulations, if any.
Copy
of direction
(9) If
the Inspector General issues a direction under subsection (1), the Inspector
General shall provide a copy of it to the Minister and shall include a copy in
the report published under subsection (8).
Subsection 126 (11) of the Act is amended by striking out “shall not be
reappointed” and substituting “shall not be appointed or reappointed”.
Subsection 138 (1) of the Act is amended by striking out “a police service
board, or the Niagara Parks Commission” and substituting “a police service
board, the Niagara Parks Commission or an employer of a prescribed person”.
Section 142 of the Act is amended by adding the following subsection:
Prescribed
persons
(4) A
liaison to the Complaints Director in respect of prescribed persons may be
designated in accordance with the regulations, if they so provide.
(1) The definition of “designated authority” in subsection 151
(1) of the Act is amended by striking out “and” at the end of clause (e), by adding
“and” at the end of clause (
f) and by adding the following clause:
(
g) in
relation to a prescribed person, the prescribed authority or, if none has been
prescribed, the person’s employer; (“autorité désignée”)
(2) Subsection
151 (3) of the Act is repealed and the following substituted:
Notice,
etc., re certain special constables
(3) A
requirement under this Part to give a notice or other communication or document
to the designated authority of a special constable employed by the Niagara
Parks Commission, or a prescribed person who is a special constable, shall be
read as also requiring that the notice or other communication or document be
given to the police service board or, if applicable, the Commissioner that
appointed the special constable under
section
Section 152 of the Act is amended by adding the following subsection:
Application
to prescribed persons
(2) If
the regulations so provide, this Part applies to the conduct of a prescribed
person who is not listed in subsection (1), subject to such modifications as
may be prescribed.
(1) Clauses 159 (1) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) in
the case of a complaint about the conduct of a police officer or a prescribed
person who is a member of a police service, other than a chief of police or
deputy chief of police, direct the officer’s or member’s chief of police or the
chief of police of an unrelated police service to conduct the investigation;
(
b) in
the case of a complaint about the conduct of a special constable employed by
the Niagara Parks Commission or a prescribed person who is not a member of a
police service, direct a chief of police to conduct the investigation; or
(2) Subsection
159 (4) of the Act is repealed and the following substituted:
Same
(4) The
Complaints Director shall make a direction under subsection (3) with respect to
a complaint about the conduct of a police officer or a prescribed person who is
a member of a police service to the chief of police of an unrelated police
service, unless, in the Complaints Director’s opinion, it is necessary for the
purposes of the investigation to obtain access to information that cannot be
obtained using the investigation powers of an unrelated police service.
Subsection 168 (3) of the Act is repealed and the following substituted:
Same,
special constables
(3) In
the case of a special constable who is employed by the Niagara Parks Commission
or who is a prescribed person, the police service board or, if applicable, the
Commissioner that appointed the special constable under
section 92 shall, on
receipt of the notice of the determination in accordance with subsection 151
(3), also take any other measures the board or Commissioner considers
appropriate and give written notice of any such measures to the complainant, if
any, and the Complaints Director.
(1) Subsection 172 (1) of the Act is repealed and the following
substituted:
investigator
(1) If
the regulations made by the Minister so provide, the cost of an investigation
conducted by an investigator about the conduct of any of the following shall be
paid as described in subsection (1.1):
1. A
police officer, other than a police officer who is a member of the Ontario
Provincial Police.
2. A
special constable employed by the Niagara Parks Commission.
3. A
person who is prescribed under subsection 152 (2), other than a prescribed
person who is a member of the Ontario Provincial Police.
Same
(1.1) If
the regulations so provide, the cost of an investigation described in
subsection (1) shall be paid by the police service board that employs the
police officer, by the Niagara Parks Commission or by the employer of the
prescribed person, as the case may be, except in such circumstances as the
regulations may specify.
(2) Subsection
172 (2) of the Act is repealed and the following substituted:
chief of police other than Commissioner
(2) In
the case of an investigation conducted by a chief of police, other than the
Commissioner, about the conduct of a person who is not a member of the chief of
police’s police service, the chief of police may require that the cost of the
investigation, as certified by the chief of police, be paid to the chief of
police’s police service board by,
(
a) in
the case of an investigation about the conduct of a member of a police service
maintained by a police service board, the police service board;
(
b) in
the case of an investigation about the conduct of a member of the Ontario
Provincial Police, the Minister;
(
c) in
the case of an investigation about the conduct of a special constable employed
by the Niagara Parks Commission, the Niagara Parks Commission; or
(
d) in
the case of an investigation about the conduct of a person who is prescribed
under subsection 152 (2) and who is not a member of a police service, the
employer of the prescribed person.
Subsection 197 (1) of the Act is amended by striking out “who is a police
officer” and substituting “who is a police officer or a prescribed person”.
(1) Subsection 261 (1) of the Act is amended by adding the following
paragraphs:
27.1 establishing
and governing a process for notifying persons before their personal information
is published on the website described in subsection 80.1 (1) and for the
persons to identify any errors and correct the personal information;
27.2 governing
the correction of personal information on the website described in subsection
80.1 (1) and establishing a process for persons to request that the personal
information be corrected;
27.3 prescribing
circumstances in which personal information on the website described in
subsection 80.1 (1) must be removed and establishing a process for persons to
request that the personal information be removed;
(2) Paragraph
51 of subsection 261 (1) of the Act is repealed and the following substituted:
51. governing
the publication of reports under
section 125 or 126, including,
i. prescribing
the period within which the Inspector General must publish the report,
ii. prescribing
circumstances in which the Inspector General shall not publish a report,
iii. prescribing
information that shall not be included in the published report, and
iv. governing
the manner of publication of the report;
(3) Subsection
261 (1) of the Act is amended by adding the following paragraphs:
53. governing
the appointment of liaisons to the Complaints Director in respect of prescribed
persons;
. . . .
59.1 prescribing
persons to whom
Part X applies and clarifying or modifying the application of
any provision of this Act or the regulations to those persons;
(4) Paragraph
31 of subsection 261 (2) of the Act is repealed and the following substituted:
31. for
the purposes of subsections 172 (1) and (1.1),
i. providing
that the cost of an investigation conducted by an investigator about the
conduct of a person described in paragraph 1, 2 or 3 of subsection 172
(1) shall be paid by a person or entity described in subsection 172 (1.1),
ii. governing
the calculation of the cost of an investigation,
iii. governing
the payment of the cost of an investigation, including with respect to the time
and manner of payment,
iv. providing
for circumstances in which the requirement to pay the cost of an investigation
does not apply;
(5) Subsection
261 (3) of the Act is amended by striking out “59” and substituting “60”.
(6) Subsection
261 (5) of the Act is amended by striking out “2 or 18” and substituting “2, 3
or 18”.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Protecting Ontario’s
Streets and Communities Act, 2026 receives Royal Assent.
(2) Sections
12, 13 and 14 and subsection 33 (1) come into force on a day to be named by
order of the Lieutenant Governor in Council.
SCHEDULE 4
ENFORCEMENT OF CANADIAN RESTRAINING ORDERS ACT, 2026
CONTENTS
Interpretation and Application
Definitions
Application
Enforceability
Canadian
restraining orders are enforceable in Ontario
Order
may be registered with Ontario court
Application to Vary, Set Aside
Application
may be brought in Ontario
Determination
Regulations
Regulations
Amendment to Another Act
Courts
of Justice Act
Commencement and
Short Title
Commencement
Short
title
Interpretation and Application
Definitions
1 In this Act,
“Canadian
restraining order” means an order or any part of an order made in a proceeding,
other than a criminal proceeding, by a court of a province or territory of
Canada other than Ontario that, for the safety of a specified person,
(
a) prohibits
someone from doing something such as,
(
i) being
in physical proximity to the person or following the person from place to
place,
(ii) directly
or indirectly contacting or communicating with the person,
(iii) engaging
in molesting, annoying, harassing or threatening conduct directed at the
person, or
(iv) attending
at or within a certain distance of a specified place or location, or
(
b) requires
someone to,
(
i) return
specified personal effects or documents belonging to the person to them, or
(ii) return
recordings of the person to them or destroy recordings of the person;
(“ordonnance interdictive canadienne”)
“Ontario
court” means the Superior Court of Justice, including the Family Court of the
Superior Court of Justice; (“tribunal de l’Ontario”)
“regulations”
means the regulations made under this Act. (“règlements”)
Application
2 This Act applies with respect to a Canadian
restraining order that is in effect on or after the day this Act comes into
force, even if the order was made before that day.
Enforceability
Canadian
restraining orders are enforceable in Ontario
(1) A Canadian restraining order is
deemed to be an order of the Ontario court, and is enforceable as an order of
the Ontario court.
varied, set aside by other court
(2) A
Canadian restraining order that is varied or set aside by a court in the
province or territory in which it was made is deemed to have been varied or set
aside by the Ontario court accordingly.
Registration
not a factor
(3) For
greater certainty, this
section applies with respect to a Canadian restraining
order or any order varying or setting aside a Canadian restraining order
regardless of whether the order is registered under this Act.
Order
may be registered with Ontario court
(1) The registrar or clerk of the
Ontario court shall register a Canadian restraining order as an order of the
Ontario court if a party to the Canadian restraining order requests the
registration in accordance with the regulations.
Order
varying, setting aside
(2) Subsection
(1) applies with necessary modifications with respect to an order of a court of
a province or territory of Canada other than Ontario that varies or sets aside
a Canadian restraining order.
Same
(3) Subsection
(2) applies regardless of whether the Canadian restraining order that is varied
or set aside was registered under subsection (1).
Application to Vary, Set Aside
Application
may be brought in Ontario
(1) A party to a final Canadian
restraining order may apply to the Ontario court in accordance with the Family
Law Rules to vary or set aside the order, if the party and at least one of the
persons protected by the order habitually reside or are physically present in
Ontario.
Registration
not a factor
(2) This
section applies regardless of whether the Canadian restraining order, or any
order of a court of a province or territory of Canada other than Ontario
varying the Canadian restraining order, is registered with the Ontario court
under this Act.
Determination
(1) The Ontario court may vary or
set aside a final Canadian restraining order on application if,
(
a) there
is a material change in circumstances; and
(
b) in
the case of an order that is made for the benefit of or affects a child, it is
in the best interests of the child.
Court
may decline
(2) The
Ontario court may decline to vary or set aside a final Canadian restraining
order if the Ontario court determines that it is more appropriate for the
matter to be considered by a court in another province or territory in Canada.
Effect
outside Ontario
(3) For
greater certainty, the variation or setting aside of a Canadian restraining
order under this Act does not in itself affect the status of the order in the
province or territory in which it was made.
Regulations
Regulations
7 The Minister responsible for the administration
of this Act may make regulations,
(
a) governing
the registration of Canadian restraining orders, including of orders of a court
of a province or territory of Canada other than Ontario varying or setting
aside a Canadian restraining order;
(
b) respecting
any matter that the Minister considers necessary or advisable to facilitate the
implementation of this Act.
Amendment to Another Act
Courts
of Justice Act
8 Paragraph 1 of the
Schedule to
section 21.8
of the Courts of Justice Act is amended by adding
the following:
Enforcement of Canadian Restraining Orders Act,
2026 ,
sections 5 and 6
Commencement and
Short Title
Commencement
9 The Act set out in this
Schedule comes into
force on a day to be named by order of the Lieutenant Governor in Council.
Short
title
10 The
short title of the Act set out in this
Schedule is the Enforcement of Canadian Restraining Orders
Act, 2026 .
SCHEDULE 5
INTERCOUNTRY ADOPTION ACT, 1998
(1) Subsection 5 (2) of the Intercountry
Adoption Act, 1998 is repealed.
(2) Subsection
5 (3) of the Act is repealed and the following substituted:
Who
may make adoption homestudy
(3) The
report of the adoption homestudy shall be prepared by a person who holds an
approval to act as an adoption practitioner issued by the Director under
section 7.1.
(3) Clause
5 (5) (
b) of the Act is amended by striking out “if any” after “licensee”.
Clause 6 (3) (
b) of the Act is amended by striking out “if any” after
“licensee”.
The Act is amended by adding the following section:
Approvals
to act as an adoption practitioner
7.1
(1) A
Director may grant a person an approval authorizing the person to act as an
adoption practitioner if,
(
a) the
Director is of the opinion that the person is qualified and competent to make
adoption homestudies, supervise adoption placements, prepare progress or
follow-up reports and carry out any other related responsibilities and will do
so with honesty and integrity; and
(
b) the
person meets the prescribed criteria, if any.
Duration
(2) An
approval is valid for the length of time indicated by the Director in the
approval.
Directions
(3) A
Director may issue a direction to a person who holds an approval requiring the
person to take any steps outlined in the direction within the time period
specified in the direction in order to address any concerns identified by the
Director about the person’s ability to carry out any of the activities referred
to in subsection (1).
Same
(4) Without
limiting the generality of subsection (3), a direction under that subsection
may require the holder of an approval to do one or more of the following:
1. Do
or refrain from doing anything outlined in the direction.
2. Prepare,
submit and implement a plan to address the concerns identified by the Director.
3. Complete
any training specified in the direction.
Revocation,
etc.
(5) A
Director may suspend, revoke or refuse to renew an approval if the holder of
the approval fails to comply with a direction issued under subsection (3).
Same
(6) Subsection
(5) shall not be interpreted as restricting a Director’s authority to suspend,
revoke or refuse to renew an approval for reasons other than the reason set out
in that subsection.
Transition
(7) Any
document attesting to a person being, in the opinion of the Director, qualified
to make an adoption homestudy for the purposes of subsection 5 (3), as it read
immediately before the day on which the Protecting
Ontario’s Streets and Communities Act, 2026 received Royal Assent, that
was issued before that day is deemed to be an approval to act as an adoption
practitioner issued by the Director under this section.
Section 8 of the Act is repealed and the following substituted:
Licences
(1) Subject
to subsection (2), no person except a licensee acting under the authority of
its licence shall facilitate an intercountry adoption.
Facilitation
by Director
(2) A
Director may, if the Director considers it appropriate in the circumstances,
facilitate some aspects of an intercountry adoption.
Application
(3) An
application for a licence or the renewal of a licence shall be made by
submitting to a Director,
(
a) an
application, in the form approved by the Minister, completed by the applicant;
(
b) any
information or documentation that may be prescribed; and
(
c) payment
of the prescribed fee, if any.
Additional
information
(4) An
applicant for a licence or the renewal of a licence shall provide any
additional information or documentation that the Director considers necessary
to assess the application.
Additional
requirements
(5) An
applicant for a licence or the renewal of a licence shall comply with any other
requirements that may be prescribed.
Director’s
duty to issue or renew
(6) A
Director shall issue or renew a licence if the applicant has complied with
subsections (3) to (5) unless,
(
a) the
Director proposes to refuse to do so in accordance with
section 9 or 10; or
(
b) the
Director is not prepared, under
section 8.2, to grant at least one term
permitting the applicant to facilitate intercountry adoptions from a specified
country.
Provisional
licence or renewal
(7) If
an applicant for a licence or renewal does not meet all the requirements for
issuing or renewal of the licence and requires time to meet them, a Director
may issue a provisional licence for the period the Director considers necessary
to give the applicant time to meet the requirements, and may impose conditions
on the provisional licence.
Non-transferable
(8) A
licence is not transferable.
Transition
(9) If,
on the day
section 4 of
Schedule 5 to the Protecting
Ontario’s Streets and Communities Act, 2026 comes into force, the
Director has yet to make a decision on an application for a licence or to renew
a licence that was made before that day,
(
a) instead
of subsections (3) to (7) of this section, subsections (2) to (4) of this
section, as they read immediately before being amended by
Schedule 5 to the Protecting Ontario’s Streets and Communities Act, 2026 ,
continue to apply to the application; and
(
b) sections
9 and 10, as they read immediately before being amended by
Schedule 5 to the Protecting Ontario’s Streets and Communities Act, 2026 ,
continue to apply to the application.
The Act is amended by adding the following section:
Term
permitting facilitation from specified country
8.2
(1) On
issuing or renewing a licence or at any other time, a Director may include a
term on the licence permitting the licensee to facilitate intercountry
adoptions from a specified country if,
(
a) the
applicant or licensee had requested the term and had done so in accordance with
the regulations, if any;
(
b) the
applicant or licensee has provided any additional information or documentation
that the Director has indicated as being necessary to assess the application;
and
(
c) the
Director is of the opinion that,
(
i) the
applicant or licensee is competent to facilitate intercountry adoptions from
that country, and
(ii) permitting
the applicant or licensee to facilitate intercountry adoptions from that
country would be appropriate in the circumstances and not contrary to the
public interest, having regard to the considerations set out in subsection (2).
Considerations
(2) The
following are the considerations mentioned in subclause (1) (c) (ii):
1. The
number of licensees whose licence permits them to facilitate intercountry
adoption from that country and the number of children in that country who are
available for intercountry adoption.
2. The
adequacy of safeguards with respect to the intercountry adoption process that
exist in that country.
3. Any
additional considerations that may be prescribed.
4. Any
other considerations that, in the Director’s opinion, are relevant.
Public
interest
(3) The
decision to refuse to grant a term under subsection (1) on the grounds that
granting the term is inappropriate in the circumstances or contrary to the
public interest is within the sole discretion of a Director and is not subject
to appeal to the Tribunal.
Transition
(4) Nothing
in this
section shall be interpreted as affecting the authority conferred by a
licence issued before the day
section 5 of
Schedule 5 to the Protecting Ontario’s Streets and Communities Act, 2026 comes
into force to facilitate intercountry adoptions from a specific country in
accordance with the licence and its conditions, but any provisions of the
licence conferring that authority may be suspended under
section 14.1.
Same
(5) If,
on the day
section 5 of
Schedule 5 to the Protecting
Ontario’s Streets and Communities Act, 2026 comes into force, the
Director has yet to make a decision on a request that the Director include
provisions in a licence authorizing the licensee to facilitate intercountry
adoptions from a specific country that was made before that day, the request
shall be considered by the Director without reference to this section.
(1) Clause 9 (
a) of the Act is amended by adding “or any other
applicable law” at the end.
(2) Clause
9 (
b) of the Act is amended by adding “or any other
applicable law or will not be facilitated with honesty and integrity” after
“the regulations”.
Section 10 of the Act is amended by adding the following clause:
(a.1) the
conduct of any person mentioned in clause (
a) affords reasonable grounds to
believe that,
(
i) intercountry
adoptions are not being or will not be facilitated in a responsible manner in
accordance with this Act and the regulations or any other applicable law, or
(ii) intercountry
adoptions are not being or will not be facilitated with honesty and integrity;
Subsection 12 (1) of the Act is amended by striking out “subsection 8 (2),
(3) or (4) or” and substituting “subsection 8 (7)”.
The Act is amended by adding the following section:
Review
of decision not to grant specific term
12.1
(1) If a
Director refuses to include, under
section 8.2, a requested term on a licence,
the Director shall cause notice of the decision, together with written reasons,
to be served on the person requesting the term.
Right
to hearing
(2) Unless
the refusal is based on the grounds set out in subsection 8.2 (3), the person
requesting the term is entitled to a hearing by the Tribunal if the person
mails or delivers to the Director and to the Tribunal, within 10 days after the
notice is served, a written request for a hearing, and the notice shall so
inform the person.
Powers
of Tribunal if hearing
(3) If
a hearing is requested, the Tribunal shall set a time for and hold a hearing
and may, on hearing the matter,
(
a) confirm
the Director’s decision; or
(
b) order
the Director to take any other action that the Tribunal considers appropriate,
in accordance with this Act and the regulations.
Same
(4) The
Tribunal may substitute its opinion for that of the Director.
Subsection 14 (4) of the Act is repealed and the following substituted:
Application
of s. 11 (2), (4) and (5)
(4) Subsections
11 (2), (4) and (5) apply, with necessary modifications, and, for that purpose,
clause 11 (4) (
a) shall be read as permitting the Tribunal to rescind or
confirm the suspension.
The Act is amended by adding the following section:
Suspension
of term
14.1
(1) A
Director may, by causing notice to be served on a licensee, suspend a term on
the licence permitting the licensee to facilitate intercountry adoptions from a
given country if, in the opinion of the Director, the safeguards in that
country with respect to intercountry adoptions are inadequate so as to pose an
immediate or imminent threat to the health, safety or welfare of children.
Decision
at Director’s discretion
(2) The
decision to suspend a term under subsection (1) is within the sole discretion
of a Director and is not subject to appeal to the Tribunal.
The Act is amended by adding the following sections:
Directives
and Compliance Orders
Directives
18.1
(1) The
Director may issue directives to licensees with respect to any prescribed
matter.
Binding
(2) Every
licensee shall comply with every directive issued to it under this section.
General
or particular
(3) A
directive may be general or particular in its application.
Law
prevails
(4) For
greater certainty, in the event of a conflict between a directive issued under
this
section and a provision of any applicable Act or regulation, the provision
prevails.
Public
availability
(5) The
Director shall make every directive under this
section available to the public.
Non-application
of Legislation Act, 2006
(6) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to a directive issued under this section.
Compliance
orders
Grounds
18.2
(1) The
Director may make an order under subsection (2) if the Director believes on
reasonable grounds that a licensee has failed to comply with,
(
a) this
Act or the regulations;
(
b) a
directive issued under
section 18.1; or
(
c) a
condition on the licensee’s licence.
Order
(2) For
the purposes of subsection (1), the Director may issue an order to the licensee
that requires either or both of the following:
1. That
the licensee do anything, or refrain from doing anything, to achieve compliance
within the time period specified in the order.
2. That
the licensee prepare, submit and implement, within the time specified in the
order, a plan for achieving compliance.
Compliance
required
(3) A
licensee to whom an order is issued under this
section shall comply with the
order within the time specified in it.
Public
availability
(4) The
Director,
(
a) may
make orders under this
section available to the public; and
(
b) shall
make a
summary of each order under this
section available to the public in
accordance with the regulations, if any.
Subsection 20 (3) of the Act is amended by striking out “subsection 8 (2) or
(3) (licence, renewal)” and substituting “section 8”.
(1) Section 24 of the Act is amended by adding the following
clauses:
(f.1) prescribing
criteria for the purposes of clause 7.1 (1) (b);
(f.2) prescribing
rules and standards that apply to persons who hold approvals to act as an
adoption practitioner issued by a Director under subsection 7.1 (1);
(2) Clause
24 (
h) of the Act is repealed and the following substituted:
(
h) governing
the issuing, renewal and expiry of licences, including prescribing information
or documentation for the purposes of clause 8 (3) (b), fees for the purposes of
clause 8 (3) (
c) and requirements for the purposes of subsection 8 (5);
(3) Section
24 of the Act is amended by adding the following clauses:
(h.0.1) governing
the manner in which an applicant or licensee must request to be able to
facilitate intercountry adoptions from a country for the purposes of clause 8.2
(1) (a), including requiring the applicant or licensee to provide specified
information or documents;
(h.0.2) prescribing
considerations for the purposes of paragraph 3 of subsection 8.2 (2);
(4) Section
24 of the Act is amended by adding the following clauses:
(m.1) prescribing
matters for the purposes of subsection 18.1 (1);
(m.2) governing
the manner in which summaries of orders are to be made available to the public
under clause 18.2 (4) (b);
Section 25 of the Act is repealed.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Protecting Ontario’s
Streets and Communities Act, 2026 receives Royal Assent.
(2) Sections
4 to 11 and subsections 14 (2) and (3) come into force on a day to be named by
order of the Lieutenant Governor in Council.
SCHEDULE 6
PILL PRESSES AND PRECURSORS ACT, 2026
CONTENTS
Definitions
Pill
presses — prohibitions
Precursors
— prohibitions
Possession
of proceeds — prohibition
Duty
to report stolen pill presses
Direction
to identify
Offences
Penalties
Searches
in exigent circumstances
Seizure
Commencement
Short
title
Definitions
1 In this Act,
“pill
press” means a designated device as defined in subsection 2 (1) of the Controlled Drugs and Substances Act (Canada); (“presse à
comprimés”)
“police
officer” has the same meaning as in the Community Safety
and Policing Act, 2019 ; (“agent de police”)
“precursor”
means a precursor as defined in subsection 2 (1) of the Controlled
Drugs and Substances Act (Canada); (“précurseur”)
“proceeds”,
in relation to an offence, means,
(
a) property,
other than money, derived in whole or in part, directly or indirectly, from the
commission of the offence, and
(
b) money
derived directly or indirectly from the commission of the offence. (“produit”)
Pill
presses — prohibitions
2 No person shall,
(
a) use
a pill press in a way that would contravene the Controlled
Drugs and Substances Act (Canada);
(
b) possess
a pill press with the intention of using it in a way that would contravene the Controlled Drugs and Substances Act (Canada); or
(
c) sell
a pill press if the person knows or ought to know that the pill press will
likely be used in a way that would contravene the Controlled
Drugs and Substances Act (Canada).
Precursors
— prohibitions
3 No person shall,
(
a) use
a precursor in a way that would contravene the Controlled
Drugs and Substances Act (Canada) or the Precursor
Control Regulations (Canada);
(
b) possess
a precursor with the intention of using it in a way that would contravene the Controlled Drugs and Substances Act (Canada) or the Precursor Control Regulations (Canada); or
(
c) sell
a precursor if such sale would contravene the Controlled
Drugs and Substances Act (Canada) or the Precursor
Control Regulations (Canada).
Possession of proceeds — prohibition
(1) No person shall knowingly
possess the proceeds of an offence under this Act.
Exceptions
(2) Subsection
(1) does not apply to possession by,
(
a) an
uninvolved interest holder as defined in
section 2 of the Civil
Remedies Act, 2001 ;
(
b) a
peace officer acting in the course of their duties or a person who receives
proceeds from such a peace officer; or
(
c) a
person prescribed for the purposes of this clause.
Same
(3) Subsection
(1) does not apply in the prescribed circumstances.
Regulations
(4) The
Lieutenant Governor in Council may make regulations prescribing persons for the
purposes of clause (2) (
c) or circumstances for the purposes of subsection (3).
Duty
to report stolen pill presses
5 A person who owns a pill press or leases a pill
press from someone else and who believes that the pill press has been stolen
shall promptly report the matter to the police.
Direction
to identify
(1) If a police officer has reasonable grounds to believe that a person is guilty of
an offence under this Act , the officer may, for the purpose of commencing a
proceeding under
Part I or III of the Provincial Offences
Act , direct the person to provide their full name, date of birth and
address.
Compliance
(2) A
person who is the subject of a direction under subsection (1) shall promptly
comply with the direction.
Arrest
without warrant
(3) A
police officer may arrest, without a warrant, a person who the officer believes
on reasonable grounds is guilty of an offence for contravening subsection (2).
Offences
(1) A person who contravenes
section
2 or 3, subsection 4 (1),
section 5 or subsection 6 (2) is guilty of an
offence.
Same,
directors and officers
(2) A
director or officer of a corporation who causes, authorizes, permits or
participates in an offence under this Act by the corporation is guilty of the
offence.
Limitation
(3) No
proceeding under this
section shall be commenced more than two years after the
day the offence was, or is alleged to have been, committed.
Penalties
(1) Except as provided in subsection
(2), a person convicted of an offence under this Act is liable to a fine of not
more than $250,000 or to imprisonment for a term of not more than two years, or
to both.
Same
(2) A
person is liable to a fine of not more than $25,000 upon being convicted of,
(
a) an
offence for contravening
section 5; or
(
b) an
offence for contravening subsection 6 (2) for not complying with a direction
made by a police officer who had reasonable grounds to believe that the person
was guilty of an offence for contravening
section 5.
Searches
in exigent circumstances
(1) A police officer may enter and
search a place without a warrant, if the conditions for obtaining a search
warrant under
section 158 of the Provincial Offences Act
exist but, by reason of exigent circumstances, the officer determines that it
would be impracticable to obtain the warrant.
Dwellings
(2) Subsection
(1) does not apply to a place or part of a place that is actually being used as
a dwelling.
Seizure
(1) A police officer may seize any
thing if the police officer has reasonable grounds to believe that,
(
a) the
thing will afford evidence of an offence under this Act; or
(
b) the
thing is proceeds of an offence under this Act possessed in contravention of
subsection 4 (1).
Order
of restoration
(2) The
Ontario Court of Justice may, on the application of any person made within 30
days after a seizure under subsection (1), order that the things seized be
restored without delay to the applicant if the court is satisfied that,
(
a) the
applicant is entitled to possession of the things seized;
(
b) the
things seized are not required as evidence in any proceeding;
(
c) continued
detention of the things seized is not necessary to prevent the commission of an
offence; and
(
d) it
is unlikely that the things will be forfeited on conviction in accordance with
an order made under subsection (5).
Same
(3) If
the court is satisfied that an applicant under subsection (2) is entitled to
possession of the things seized but is not satisfied as to all of the matters
mentioned in clauses (2) (b), (
c) and (d), it shall order that the things
seized be restored to the applicant,
(
a) on
the expiration of three months after the date of the seizure, if no proceeding
in respect of an offence has been commenced; or
(
b) on
the final conclusion of any such proceeding.
Forfeiture
(4) If
no application has been made for the return of a thing seized under subsection
(1), or an application has been made but on the hearing of the application no
order of restoration has been made, the thing seized is forfeited to the Crown.
Same
(5) If
a person is convicted of an offence under this Act, the court that convicts the
person shall order that any thing seized under subsection (1) in connection
with the offence be forfeited to the Crown, unless the court considers that the
forfeiture would be unjust in the circumstances.
Relief
against forfeiture
(6) Any
person with an interest in a thing forfeited under this
section may apply to
the Superior Court of Justice for relief against the forfeiture and the court
may make an order providing for any relief that it considers just, including,
but not limited to, one or more of the following orders:
1. An
order directing that the thing or any part of the thing be returned to the
applicant.
2. An
order directing that any interest in the thing be vested in the applicant.
3. An
order directing that an amount be paid by the Crown to the applicant by way of
compensation for the forfeiture.
Same
(7) The
court shall not order any relief under subsection (6) unless it is satisfied
that the applicant did not, directly or indirectly, participate in, or benefit
from, any offence in connection with which the thing was seized.
Commencement
11 The Act set out in this
Schedule comes into
force on the day the Protecting Ontario’s Streets and
Communities Act, 2026 receives Royal Assent.
Short
title
12 The
short title of the Act set out in this
Schedule is the Pill Presses and Precursors Act, 2026 .
SCHEDULE 7
PLANNING ACT
The Planning Act is amended by adding the following
sections:
Administrative
penalties
67.2
(1) A local
municipality may require a person, subject to such conditions as the local
municipality considers appropriate, to pay an administrative penalty if the
local municipality is satisfied that the person has failed to comply with any
provisions of a by-law of the local municipality respecting the matter
described in paragraph 1 of subsection 34 (1).
Purpose
of administrative penalties
(2) The
purpose of a system of administrative penalties established by a local
municipality under this
section is to assist the local municipality in
promoting compliance with the provisions of the by-law referred to subsection
(1).
Monetary
limit
(3) The
amount of an administrative penalty established by a local municipality,
(
a) shall
not be punitive in nature; and
(
b) shall
not exceed the amount reasonably required to promote compliance with the
provisions of the by-law referred to subsection (1).
Effect
on offences
(4) If
a person is required by a local municipality to pay an administrative penalty
under subsection (1) in respect of a contravention, the person shall not be
charged with an offence in respect of the same contravention.
Regulations
(5) The
Minister may make regulations providing for any matters which, in the
Minister’s opinion, are necessary or desirable for the purposes of this
section, including,
(
a) granting
a local municipality powers with respect to requiring that persons pay
administrative penalties and with respect to other matters necessary for a
system of administrative penalties;
(
b) imposing
conditions and limitations on a local municipality’s powers with respect to
administrative penalties.
Debt
67.3
(1) An
administrative penalty imposed by a local municipality on a person under
section 67.2 constitutes a debt of the person to the local municipality.
Amount
owing added to tax roll
(2) If
an administrative penalty imposed under
section 67.2 is not paid within 15 days
after the day that it becomes due and payable, the treasurer of a local
municipality may add the administrative penalty to the tax roll for any
property in the local municipality if the property is owned only by the same
persons who are responsible for paying the administrative penalty, and collect
it in the same manner as municipal taxes.
Subsection 77 (3) of the Act is amended by striking out “46 and 69” and
substituting “46, 67.2, 67.3 and 69”.
Commencement
This
Schedule comes into force on the day the Protecting
Ontario’s Streets and Communities Act, 2026 receives Royal Assent.
SCHEDULE 8
POLICE RECORD CHECKS REFORM ACT, 2015
(1) The definition of “authorized body” in subsection 1 (1) of the Police Record Checks Reform Act, 2015 is repealed.
(2) Clause
(
d) of the definition of “police record check provider” in subsection 1 (1) of
the Act is amended by adding “designated under
section 8.1” after “authorized
body”.
Subsection 8 (2) of the Act is amended by striking out “An authorized body, a
third party entity” at the beginning and substituting “A third party entity”
and by striking out “the body or entity” and substituting “the entity”.
The Act is amended by adding the following section:
Authorized
body
8.1
(1) A chief
of police or a member of a police service designated by a chief of police for
the purposes of this Act may apply to the Minister for an eligible body to be
designated as an authorized body for the purposes of
section 6.3 of the Criminal Records Act (Canada).
Application
(2) The
applicant shall make the application in the form approved by the Minister and
include the prescribed information, if any.
Designation
(3) If
the eligible body meets the prescribed requirements, the Minister may designate
it as an authorized body and may impose any terms or conditions on the
designation that the Minister considers appropriate.
Delegation
(4) The
Minister may delegate in writing to any person employed in the Ministry the
Minister’s power to designate an eligible body as an authorized body under
subsection (3).
Definition
(5) In
this section,
“eligible
body” means a person or entity specified in the regulations.
Section 17 of the Act is amended by striking out “or authorized body” and “or
body’s”.
Subsection 22 (2) of the Act is amended by adding the following clauses:
(b.1) prescribing
information for the purposes of subsection 8.1 (2);
(b.2) governing
a designation made under subsection 8.1 (3), including,
(
i) amending
or revoking a designation,
(ii) imposing
new terms or conditions or varying existing terms or conditions on a
designation,
(iii) providing
for reporting requirements with respect to the designation;
(b.3) prescribing
requirements for the purposes of subsection 8.1 (3);
(b.4) specifying
persons or entities for the purposes of the definition of “eligible body” in
subsection 8.1 (5);
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 9
PREVENTION OF AND REMEDIES FOR HUMAN TRAFFICKING ACT, 2017
The French version of the
short title of the Prevention of
and Remedies for Human Trafficking Act, 2017 is repealed and the
following substituted:
Loi
de 2017 sur la prévention de la traite des personnes et les recours en la
matière
Section 1 of the Act is repealed and the following substituted:
Interpretation
Definitions
(1) In
this Act,
“human
trafficking” means the recruitment, transportation, transfer, holding,
concealing, harbouring or receipt of a person, or the exercise of control,
direction or influence over a person’s movements, for the purpose of
exploitation, including,
(
a) the
exploitation of another person’s sexual services or other forms of sexual
exploitation, which may occur in person or through electronic means, including
the non-consensual recording and distribution of intimate images or audio,
(
b) coerced
labour or services, or servitude, or
(
c) the
removal of a human organ or tissue; (“traite des personnes”)
“Minister”
means the Attorney General or such other member of the Executive Council to
whom the administration of this Act may be assigned or transferred under the Executive Council Act ; (“ministre”)
“Ministry”
means the ministry of the Minister; (“ministère”)
“prescribed”
means prescribed by the regulations; (“prescrit”)
“regulations”
means the regulations made under this Act. (“règlements”)
Same,
“human trafficking”
(2) Conduct
included in the definition of “human trafficking” in subsection (1) is human
trafficking regardless of the means used, including,
(
a) the
threat or use of force or other form of coercion, abduction, fraud or
deception;
(
b) the
provision of a controlled substance;
(
c) the
abuse of power, authority or trust or the abuse of a position of vulnerability;
(
d) the
giving or receiving of payments or benefits to achieve the consent of a person
who has control over another person.
Same
(3) For
the purposes of the definition of “human trafficking” in subsection (1), the
consent of the victim to the intended exploitation is irrelevant.
The heading to
Part II of the Act is repealed and the following substituted:
PART II
RESTRAINING ORDERS
Section 2 of the Act is repealed and the following substituted:
Definitions
this Part,
“child”
means a person under the age of 18 years; (“enfant”)
“court”
means the Ontario Court of Justice; (“tribunal”)
“victim”
means a person who is or may be a victim of human trafficking or of the conduct
referred to in paragraph 2 of subsection 4 (2). (“victime”)
(1) Paragraph 3 of subsection 3 (1) of the Act is amended by
striking out “gives his or her consent” and substituting “consents”.
(2) Subsection
3 (2) of the Act is amended by striking out “the victim if he or she is not the
applicant” and substituting “the victim (if different from the applicant)”.
(1) Subsection 4 (2) of the Act is repealed and the following
substituted:
Restraining
order
(2) The
court may, on application under
section 3, make a restraining order against the
respondent if the court determines, on reasonable grounds, that the respondent
has engaged or may engage in any of the following conduct with respect to the
victim:
1. Human
trafficking.
2. Conduct
described in
section 279.01, 279.011, 279.02 or 279.03 of the Criminal Code (Canada), taking into account any
evidentiary or other rules set out in those sections respecting the
determination of the conduct but not requiring a charge or conviction under any
of those sections.
(2) The
striking out “his or her” and substituting “their”.
striking out “until he or she is served with the order” and substituting “until
the order is served on the respondent”.
(2) The
prove that that” and substituting “to prove that”.
“his or her” and substituting “their”.
(1) Section 10 of the Act is
amended by adding the following subsection:
Definition
(0.1) In
this section,
“affected
person” means, in respect of an application, any person other than the victim
for whom protection under a restraining order is sought and any witness.
(2) Subsection
10 (1) of the Act is amended by striking out “witness” and substituting
“affected person”.
(3) Subsection
10 (2) of the Act is amended by striking out “a victim or witness” and
substituting “a party to or affected person”.
(4) Subsection
10 (3) of the Act is repealed and the following substituted:
Duty
to inform
(3) The
court shall, at the first reasonable opportunity after the application is
commenced, inform a party or affected person who is not a child that the court
may make an order under subsection (2).
Exception
(3.1) Subsections
(2) and (3) do not apply to the respondent.
Subsection 15 (1) of the Act is amended by striking out “responsible for the
administration of this Act” in the portion before clause (a).
The French version of the heading to
Part III of the Act is repealed and the
following substituted:
PARTIE III
DÉLIT DE TRAITE DES PERSONNES
The French version of subsection 16 (1) of the Act is amended by striking out
“traite de personnes” wherever it appears and substituting in each case “traite
des personnes.
The French version of clause 17 (1) (
b) of the Act is amended by striking out
“traite de personnes” at the end and substituting “traite des personnes”.
Part IV of the Act is repealed and the following substituted:
PART IV
COERCED DEBTS INCURRED AS A RESULT OF HUMAN TRAFFICKING
Interpretation
and Application
Interpretation
Definitions
(1) In
this Part,
“adjudicator”
means an individual designated under
section 35; (“arbitre”)
“coerced
debt” means, subject to the regulations, a debt that was incurred as a result
of the debtor being a victim of human trafficking; (“dette contractée sous la
contrainte”)
“court
order” includes an instrument filed with a court for enforcement purposes;
(“ordonnance judiciaire”)
“designated
organization” means an entity designated under
section 34. (“organisme
désigné”)
Interpretation,
established coerced debt
(2) A
debt is considered to have been established as a coerced debt for the purposes
of this
Part if,
(
a) the
debtor and creditor agree in writing that the debt is a coerced debt, subject
to the regulations; or
(
b) the
debt is determined to be a coerced debt on an application made under subsection
28 (4) or
section 29.
Police
report, investigation not needed
(3) A
police report or investigation respecting the human trafficking is not required
for the purposes of establishing a debt as a coerced debt in accordance with
subsection (2).
Insurance
premiums
(4) For
greater certainty, a reference in this Part to a debt includes reference to an
unpaid insurance premium.
Debt
portion
(5) For greater certainty, a
reference in this Part to a debt includes reference to all or any applicable
part of a debt.
application if paid
(6) For
greater certainty, this Part does not apply to a debt that has been paid.
Transition,
existing debt
This