p44 s1 bill 10 b010 e.pdf

Ontario — Bills

1ST SESSION, 44TH LEGISLATURE, ONTARIO 3 CHARLES III, 2025 Bill 10

An Act to enact the Measures Respecting Premises with Illegal Drug Activity Act, 2025 and to amend various Acts with respect to public safety and the justice system The Hon. D. Downey Attorney General Government Bill 1st Reading May 1, 2025 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE

SCHEDULE 1 BAIL ACT The Bail Act is amended to require sureties and persons who were a surety and who have become a judgment debtor of the Crown in right of Ontario to provide information in accordance with the regulations. The amendments also permit Crown Attorneys to delegate their powers and duties under

section 1 or 7 of the Act.

SCHEDULE 2 CHILDREN’S LAW REFORM ACT

Section 35 of the Children’s Law Reform Act is amended to allow additional persons to apply for restraining orders on behalf of persons already permitted to do so under that

section of the Act. Subsection 61 (3) of the Act is amended to clarify that it applies to minor parents who have never been married.

SCHEDULE 3 CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000 The

Schedule amends Christopher’s Law (Sex Offender Registry), 2000. The amendments include the following: 1. The definition of “sex offence” is amended to provide that an offence under

section 162 (voyeurism) of the Criminal Code (Canada) constitutes a “sex offence”, regardless of whether an order has been made under

section 490.012 of that Act. 2. Christopher’s Law (Sex Offender Registry), 2000 currently provides for specified offenders to appear in person at specified times, including special rules relating to offenders who are convicted of offences against a child and who travel. Amendments are made to provide that these special rules apply to an offender who is convicted of a sex offence against a child, regardless of whether the offender is required to comply with the Sex Offender Information Registration Act (Canada).

SCHEDULE 4 COMMUNITY SAFETY AND POLICING ACT, 2019 The

Schedule makes various amendments to the Community Safety and Policing Act, 2019. Here are some highlights:

Section 19 of the Act currently allows chiefs of police to request temporary assistance in providing adequate and effective policing from another chief of police or an entity that employs First Nation Officers.

Section 19 is amended to allow chiefs of police to also request temporary assistance from an entity governed by the law of another Canadian jurisdiction.

Section 68 of the Act currently sets out the role of O.P.P. detachment boards and includes the requirement to consult with the Commissioner regarding the selection of a detachment commander. Amendments are made to require O.P.P. detachment boards to pa rticipate in the Commissioner’s selection of a permanent detachment commander. The Commissioner’s process for engaging the O.P.P. detachment boards must be consistent with the regulations, if any. 3. Currently, the Act authorizes the Minister to make complaints under sections 106 and 107. The Act is amended to require a Minister’s complaint to be made in writing.

Additionally, when making a complaint, the Minister may request that the Inspector General consider imposing interim measures in relation to the matter that is the subject of the complaint. The Inspector General is authorized to impose interim measures in respect of such a complaint if specified circumstances are met and processes respecting the imposition of interim measures are established.

SCHEDULE 5 COURTS OF JUSTICE ACT The

Schedule amends various provisions of the Courts of Justice Act in relation to the appointment of provincial judges.

Section 42 is amended to add a new criterion for a person to qualify for appointment as a provincial judge: the person must undertake to not request a transfer to a different court location during the first five years following appointment unless extenuating circumstances apply. Subsection 87.2 (1) is consequentially re -enacted so that the appointment of a Small Claims Court Administrative Judge, which otherwise relies on the same qualifying criteria, does not take the new criterion into account.

Section 43 provides for the Judicial Appointments Advisory Committee, which reviews applications by candidates for appointment as a provincial judge and makes recommendations respecting those candidates to the Attorney General. Subsection 43 (2) is amended to eliminate a restriction on appointing lawyers as members of the Committee.

Section 43.1 sets out the process by which the Committee recommends provincial judge candidates to the Attorney General, who then recommends candidates to the Lieutenant Governor in Council for appointment when there is a judicial vacancy.

Section 43.1 is amended so that the Committee’s processes for advertising for applications for candidacy, reviewing them and making recommendations need not be contingent on a judicial vacancy.

ii Under

section 43.1, the Committee is required to establish criteria to govern its processes. Subsection 43.1 (2) is amended t o authorize the Attorney General to specify additional criteria. That subsection is also amended to require the Committee to classify each candidate as “not recommended”, “recommended” or “highly recommended”, and to provide a list of the candidates classified as “recommended” or “highly recommended” to the Attorney General, along with other specified information. Subsection 43.1 (3) is amended to limit the consideration of applications from candidates who previously applied within a specified period. The

section is also amended to provide for actions that the Committee may or must take if it receives or becomes aware of specified information about a candidate after the candidate’s classification. The re -enacted subsection 43 .1 (7) li mits the scope of the candidates that the Attorney General may recommend to the Lieutenant Governor in Council for appointment as a provincial judge when there is a vacancy.

SCHEDULE 6 FAMILY LAW ACT

Section 46 of the Family Law Act is amended to allow additional persons to apply for restraining orders on behalf of persons already permitted to do so under that

section of the Act.

SCHEDULE 7 HIGHWAY TRAFFIC ACT The

Schedule amends the Highway Traffic Act to add a prohibition on the possession of an electronic motor vehicle theft device with the intention of using it in the theft of a motor vehicle. Such devices may be seized and taken away in certain circumstances and, upon being seized and taken away, ar e forfeited to the Crown after 30 days. Provisions are included for relief from the forfeiture.

SCHEDULE 8 MEASURES RESPECTING PREMISES WITH ILLEGAL DRUG ACTIVITY ACT, 2025 The

Schedule enacts the Measures Respecting Premises with Illegal Drug Activity Act, 2025, which prohibits a person from knowingly permitting a premises of which the person is a landlord to be used in relation to offences under Acts of Parliament that relate to the production or trafficking of a controlled substance or precursor, or of cannabis. The specific offences to which the prohibition applies are to be prescribed by regulation (referred to in the Act as “prescribed offences”). The Act also prohibits knowingly possessing the proceeds of an offence under the Act.

Various enforcement provisions and offences are provided for as well as provisions permitting the recovery of costs incurred in relation to the enforcement of the Act and prescribed offences.

Bill 10 2025

An Act to enact the Measures Respecting Premises with Illegal Drug Activity Act, 2025 and to amend various Acts with respect to public safety and the justice system CONTENTS

Preamble 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Bail Act

Schedule 2 Children’s Law Reform Act

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

Schedule 4 Community Safety and Policing Act, 2019

Schedule 5 Courts of Justice Act

Schedule 6 Family Law Act

Schedule 7 Highway Traffic Act

Schedule 8 Measures Respecting Premises with Illegal Drug Activity Act, 2025

Preamble The Government of Ontario is committed to: Making Ontario safer by improving the tools available to police to fight crime and curb illicit drug activities. Protecting Ontarians and their communities from intimate partner violence and other forms of violence. Strengthening our justice system, including enhancing the judicial appointments process, and improving the surety process, as well as bail collection and administration. 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 2

(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 Protect Ontario Through Safer Streets and Stronger Communities Act , 2025.

SCHEDULE 1 BAIL ACT 1 The Bail Act is amended by adding the following sections: Information from sureties, etc. 8.1

(1) A person described in subsection (2) shall provide, in accordance with the regulations and at the times specified in the regulations, such information as is prescribed in the regulations. Who may be required to provide information

(2) The persons referred to in subsection (1) are the following: 1. A surety. 2. A person who was a surety and has become a judgment debtor of the Crown in right of Ontario under

section 771 of the Criminal Code (Canada). Clarification of application

(3) For greater certainty, subsection (1) applies even if no certificate of lien in respect of property of the person has been delivered or transmitted under subsection 1 (1). Offence

(4) A person who fails to comply with subsection (1) is guilty of an offence. Delegation 8.2 A Crown Attorney may delegate a power or duty under

section 1 or 7 to a person employed in the Ministry of the Attorney General subject to such limitations or conditions as the Crown Attorney may set out in the delegation. 2

Section 9 of the Act is repealed and the following substituted: Regulations 9 The Minister responsible for the administration of this Act may make regulations , (

a) prescribing forms for the purposes of this Act and providing for their use; (

b) for the purposes of subsection 8.1 (1), prescribing information to be provided under that subsection and governing the provision of such information, including specifying when it must be provided and who it must be provided to. Commencement 3 This

Schedule comes into force on the day the Protect Ontario Through Safer Streets and Stronger Communities Act, 2025 receives Royal Assent.

SCHEDULE 2 CHILDREN’S LAW REFORM ACT 1 (1) Subsection 35 (1) of the Children’s Law Reform Act is repealed and the following substituted: Restraining order

(1) The court may make an interim or final restraining order against any person, on the application of, (

a) a person who has reasonable grounds to fear for their own safety or for the safety of any child in their lawful custody; (

b) a person prescribed by the regulations, on behalf of and with the consent of a person referred to in clause (a); or (

c) any person, on behalf of a person referred to in clause (a), with leave of the court, subject to any conditions prescribed by the regulations with respect to the granting of the leave.

(2) Paragraph 1 of subsection 35 (2) of the Act is repealed and the following substituted: 1. Restraining the respondent, in whole or in part, from directly or indirectly contacting or communicating with the person referred to in clause (1) (

a) or with any child in that person’s lawful custody.

(3) Section 35 of the Act is amended by adding the following subsection: Regulations

(4) The Lieutenant Governor in Council may make regulations for the purposes of subsection (1), (

a) prescribing persons for the purposes of clause (1) (b); (

b) prescribing conditions for the purposes of clause (1) (c). 2 Subsection 61 (3) of the Act is amended by striking out “An unmarried parent who is a minor” at the beginning and substituting “A parent who is a minor and has never been married”. Commencement 3

(1) Except as otherwise provided in this section, this

Schedule comes into force on the day the Protect Ontario Through Safer Streets and Stronger Communities Act, 2025 receives Royal Assent.

(2) Section 1 comes into force on a day to be named by order of the Lieutenant Governor in Council.

SCHEDULE 3 CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000 1 (1) Subsection 1 (1) of Christopher’s Law (Sex Offender Registry), 2000 is amended by adding the following definition: “child” means a person who is under 18 years of age; (“enfant”)

(2) Clause (b.1) of the definition of “sex offence” in subsection 1 (1) of the Act is repealed and the following substituted: (b.1) an offence under

section 162 (voyeurism) of the Criminal Code (Canada), but only in respect of persons who, on or after December 5, 2008 are serving a sentence for such offence or are convicted or found not criminally responsible on account of mental disorder of such offence, (b.1.1) an offence referred to in paragraph (

b) or (

f) of the definition of “designated offence” in subsection 490.011 (1) of the Criminal Code (Canada), as it read on October 25, 2023, in respect of which an order in Form 52 was made under subsection 490.012 (2) of that Act as it read on that date, (b.1.2) an offence, other than an offence mentioned in clause (b.1), referred to in the definition of “secondary offence” in subsection 490.011 (1) of the Criminal Code (Canada), for which an order has been made under

section 490.012 of that Act, 2 The English version of clauses 3 (1) (e.4) and (e.6) of the Act are amended by striking out “sexual” and substituting “sex”. 3 Clause 14 (h.6) of the Act is amended by striking out “9.0.1 (1) (b)” and substituting “9.0.1 (2) (b)”. Safer Streets, Stronger Communities Act, 2024 4 Subsections 2 (3) and (4) of

Schedule 3 to the Safer Streets, Stronger Communities Act, 2024 are repealed. Commencement 5

(1) Except as otherwise provided in this section, this

Schedule comes into force on a day to be named by order of the Lieutenant Governor in Council.

(2) Section 4 comes into force on the day the Protect Ontario Through Safer Streets and Stronger Communities Act, 2025 receives Royal Assent.

SCHEDULE 4 COMMUNITY SAFETY AND POLICING ACT, 2019 1

(1) Section 19 of the Community Safety and Policing Act, 2019 is amended by adding the following subsections: Same

(1.1) A chief of police may, in prescribed circumstances and subject to any prescribed restrictions, request temporary assistance in providing adequate and effective policing from an entity governed by the law of another Canadian jurisdiction that has been prescribed under subsection (1.3). Temporary assistance restrictions

(1.2) An entity governed by the law of another Canadian jurisdiction who provides temporary assistance pursuant to a request made under subsection (1.1) shall provide the assistance in accordance with any prescribed restrictions. Minister to prescribe

(1.3) The Minister may prescribe an entity governed by the law of another Canadian jurisdiction for the purposes of subsection (1.1).

(2) Paragraph 2 of subsection 19 (6) of the Act is amended by striking out the portion before subparagraph i and substituting the following: 2. If the request is made to a chief of police other than the Commissioner, to an entity that employs First Nation Officers or to an entity governed by the law of another Canadian jurisdiction, the chief or entity may, . . . . . (3) Subsection 19 (6.2) of the Act is amended by striking out the portion before paragraph 1 and substituting the following: Notice after assistance by other entities has stopped

(6.2) If the temporary assistance was provided by an entity that employs First Nation Officers or by an entity governed by the law of another Canadian jurisdiction, the chief of police who requested the assistance shall, after the assistance has stopped, provide notice to the Inspector General with the following information: . . . . .

(4) Section 19 of the Act is amended by adding the following subsections: Responsibility remains

(7.1) A request for temporary assistance under this

section does not relieve a police service board or the Commissioner, as the case may be, of their responsibility under subsection 10 (1). Responsibility of chief of police

(7.2) A chief of police who makes a request for temporary assistance under this

section shall ensure that the assistance provided meets the standards for adequate and effective policing. (5) Subsections 19 (8) and (9) of the Act are repealed and the following substituted: Cost, police service board or entity

(8) If no agreement has been entered into with respect to the cost of the temporary assistance provided under this section, the police service board of the chief of police, the entity that employs First Nation Officers or the entity governed by the law of another Canadian jurisdiction that provided assistance may certify the cost of the assistance provided, and the cost shall be paid by the police service board of the chief of police who requested the assistance or, in the case of a request made by the Commissioner, by the Minister. Same

(9) An amount owed to a police service board, to an entity that employs First Nation Officers or to an entity governed by the law of another Canadian jurisdiction for providing temporary assistance under this section, if not collected by other means, may be recovered by a court action as a debt due to the police service board or entity, respectively. 2 (1) Clause 68 (1) (

a) of the Act is repealed and the following substituted: (

a) participate in the Commissioner’s selection of a permanent detachment commander in accordance with the process established by the Commissioner;

(2) Section 68 of the Act is amended by adding the following subsection:

6 Detachment commander, selection process

(1.1) If regulations are made under paragraph 16.4 of subsection 261 (2), the Commissioner shall ensure that the process established under clause (1) (

a) is consistent with the regulations. 3 The Act is amended by adding the following

section immediately after the heading “Special Constables”: Employment 91.1 A special constable may only be one of the following: 1. A member of the Ontario Provincial Police. 2. Employed by a police service board. 3. Employed by a special constable employer. 4 (1) Subsection 92 (2) of the Act is repealed and the following substituted: Exception

(2) Despite clauses 92 (1) (a), (

b) and (g), a police service board or the Commissioner may appoint a person who does not satisfy the criteria set out in those clauses as a special constable if the person has an offer of employment from or is curr ently employed by a special constable employer to provide policing under the law of another jurisdiction. (2) Subsection 92 (9) of the Act 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) the special constable is a member of a class prescribed by the Minister. 5 (1) Clause 107 (1) (

c) of the Act is amended by adding “by-laws, rules or procedures” after “policies”. (2) Subsection 107 (6) of the Act is amended by adding “by-laws, rules” after “policies” in the portion before clause (a).

(3) Subclause 107 (6) (a) (ii) of the Act is amended by adding “by-laws, rules or procedures” after “policies”.

(4) Subclause 107 (6) (a) (iii) of the Act is amended by striking out “procedures” and substituting “local policies, by - laws, rules or procedures”. (5) Clause 107 (7) (

a) of the Act is amended by adding “by-laws, rules” after “policies”. (6) Subsection 107 (10) of the Act is amended by adding “by-laws, rules” after “policies”. 6

(1) Section 109 of the Act is amended by adding the following subsection: Complaint in writing

(1.1) If the Minister makes a complaint under

section 106 or 107, the complaint must be made in writing.

(2) Section 109 of the Act is amended by adding the following subsections: Request to consider interim measures

(3) If the Minister makes a complaint under

section 106 or 107, the Minister, when making a complaint, may request that the Inspector General consider imposing any interim measures specified in the request in relation to the matter that is the subje ct of the complaint. Decline to take action

(4) If the Minister requests that the Inspector General consider imposing specified interim measures, the Inspector General shall consider the request but may decline to act on it and shall provide the Minister with written reasons for that decision. 7 The Act is amended by adding the following sections: Interim measures, s. 106 complaint by Minister Application 109.1

(1) This

section applies if the Inspector General receives a complaint from the Minister under

section 106 with respect to a member of a police service board, an O.P.P. detachment board or a First Nation O.P.P. board. When interim measure may be imposed

(2) The Inspector General may impose one or more of the interim measures described in subsection (3) if all of the following circumstances are met: 1. The Inspector General has not declined under subsection 109 (2) to act on the complaint. 2. There appear to be grounds to believe that the member has committed misconduct.

7 3. The Inspector General has caused an inspection to be conducted under subsection 111 (2) to respond to the complaint and the inspection has not been completed. 4. The Inspector General is of the opinion that the measure is urgently required to, i. in the case of a complaint with respect to a member of a police service board, ensure the public’s trust in the police service maintained by the board is not undermined, or ii. in the case of a complaint with respect to a member of a police service board, an O.P.P. detachment board or a First Nation O.P.P. board, ensure the public’s trust in the board is not undermined. Interim measures

(3) The interim measures mentioned in subsection (2) are the following: 1. Suspension of the member. 2. Imposition of conditions on the member exercising their powers or performing their duties as a member of the board. 3. Any other prescribed measure. Revocation, etc.

(4) The Inspector General may revoke, vary or reimpose any interim measures. Automatic interim measure

(5) The Inspector General may impose an interim measure without notice and without providing the person upon whom the interim measure is to be imposed with an opportunity to respond. Request to revoke, vary

(6) A member upon whom an interim measure is imposed and who does not receive notice and an opportunity to respond before the interim measure is imposed may, in accordance with the regulations, if any, request that the Inspector General revoke or vary the interim measure. Cessation of interim measure

(7) An interim measure ceases to have effect on the earliest of the following: 1. The day the measure is revoked. 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. Not enough members

(8) If an interim measure results in a board not having enough members able to exercise their powers or perform their duties in order to constitute a quorum, the Inspector General may appoint the number of persons necessary to constitute a quorum, who shall act in the place of the members who are unable to exercise their powers or perform their duties. Same

(9) The Inspector General shall, (

a) specify in an appointment made under subsection (8) that the appointee may only exercise such powers or perform such duties as are necessary for the effective operation of the board during the investigation of the complaint and, for such purpose, may specify the powers or duties the appointee may or may not exercise or perform; and (

b) cancel an appointment made under subsection (8) on the earlier of, (

i) the day the appointment is no longer necessary in order for the board to have enough members able to exercise their powers or perform their duties in order to constitute a quorum, and (ii) the day the period described in subsection (7) ends. Report

(10) The Inspector General shall prepare a report respecting any interim measures imposed under subsection (2) and publish it on the Internet in accordance with the regulations made by the Minister, if any. Interim measures, s. 107 complaint by Minister Application 109.2

(1) This

section applies if the Inspector General receives a complaint from the Minister under

section 107.

8 When interim measure may be imposed

(2) The Inspector General may impose one or more of the interim measures described in subsection (3) if all of the following circumstances are met: 1. The Inspector General has not declined under subsection 109 (2) to act on the complaint. 2. There appear to be grounds to believe that the matter complained of warrants investigation. 3. The Inspector General has caused an inspection to be conducted under subsection 111 (2) to respond to the complaint and the inspection has not been completed. 4. The Inspector General is of the opinion that the measure is urgently required to ensure the provision of adequate and effective policing. Interim measures

(3) The interim measures mentioned in subsection (2) are the following: 1. Subject to the regulations, written direction to a police service board, chief of police, police service or prescribed policing provider. 2. Appointment of an administrator. Directions

(4) For greater certainty, a direction may include a direction requiring the reassignment of an investigation to a different police service. Same, time to comply

(5) The subject of a direction shall comply with it within the time period specified in the direction. Same, restriction

(6) A direction shall not direct the removal of a person from office, dissolution of a board or disbandment of a police service. Same, non-compliance

(7) If the subject of a direction fails to comply with it,

section 126, other than subsections 126 (2) and (3), applies, with necessary modifications, in respect of the direction. Application of s. 127 to appointment of administrator

(8) Section 127 applies to the appointment of an administrator with necessary modifications. Revocation, etc.

(9) The Inspector General may revoke, vary or reimpose any interim measures. Automatic interim measure

(10) The Inspector General may impose an interim measure without notice and without providing the person or entity upon whom the interim measure is to be imposed with an opportunity to respond. Request to revoke, vary

(11) A person or an entity upon whom an interim measure is imposed, and who does not receive notice and an opportunity to respond before the interim measure is imposed, may, in accordance with the regulations, if any, request that the Inspector General revoke or vary the interim measure. Cessation of interim measure

(12) An interim measure ceases to have effect on the earlier of the following: 1. The day the measure is revoked. 2. The day the Inspector General notifies the person or entity upon whom an interim measure is imposed of their decision whether to issue a direction under

section 125. Report

(13) The Inspector General shall prepare a report respecting any interim measures imposed under subsection (2) and publish it on the Internet in accordance with the regulations made by the Minister, if any. 8

Section 185 of the Act is amended by adding “in accordance with the regulations, if any” after “Inspector General” in the portion before clause (a). 9 Paragraph 2 of subsection 210 (1) of the Act is repealed and the following substituted:

9 2. The police officer is in custody or is subject to conditions of judicial interim release, or conditions of an undertaking given to a peace officer upon release under

section 498 or 499 of the Criminal Code (Canada), that substantially interfere with the officer’s ability to perform the duties of a police officer. 10 Subsection 261 (1) of the Act is amended by adding the following paragraphs: 10.1 governing requests for temporary assistance in providing adequate and effective policing under subsection 19 (1.1), including, i. prescribing circumstances where a chief of police may request temporary assistance, ii. prescribing restrictions with respect to the assistance that may be provided or how the assistance may be provided; . . . . . 47.1 governing the procedures for imposing interim measures under

section 109.1 or 109.2 and requests to revoke or vary interim measures; 47.2 governing directions under paragraph 1 of subsection 109.2 (3); . . . . . 61.1 governing the process with respect to disclosures of misconduct under

section 185; Commencement 11 This

Schedule comes into force on the day the Protect Ontario Through Safer Streets and Stronger Communities Act, 2025 receives Royal Assent.

SCHEDULE 5 COURTS OF JUSTICE ACT 1 Subsection 42 (2) of the Courts of Justice Act is amended by adding the following paragraph: 3. The person undertakes to not request a transfer to a different court location during the first five years following appointment unless extenuating circumstances apply. 2 Clause 43 (2) (

c) of the Act is amended by striking out “neither judges nor lawyers” and substituting “not judges”. 3

(1) Section 43.1 of the Act is amended by adding the following subsection: Candidate recommendation process Definition

(0.1) In this section, “classification period” means, in respect of a candidate, the period beginning on the day the candidate submits an application for candidacy to be appointed as a provincial judge and ending on the third anniversary of that day .

(2) Paragraphs 1 to 3 of subsection 43.1 (2) of the Act are repealed and the following substituted: 1. It shall, on the Attorney General’s request, advertise for applications for candidacy to be appointed as a provincial judge. 2. It shall review and evaluate all applications received in response to the advertisement.

(3) Paragraph 5 of subsection 43.1 (2) of the Act is repealed and the following substituted: 5. It shall conduct the advertising, review and evaluation process in accordance with criteria it establishes, which must, i. provide for an assessment that, at minimum, A. assesses the candidates’ professional excellence, community awareness and personal characteristics, and B. recognizes the desirability of reflecting the diversity of Ontario society in judicial appointments, and ii. include any criteria specified to the Committee by the Attorney General for the purposes of this paragraph.

(4) Paragraph 7 of subsection 43.1 (2) of the Act is repealed and the following substituted: 7. For each candidate, it shall classify the candidate as “not recommended”, “recommended” or “highly recommended”. 8. It shall provide a list of the candidates classified as “recommended” or “highly recommended” to the Attorney General, with brief supporting reasons and the following information respecting each candidate: i. Whether the classification applies to the candidate’s qualification to preside over bilingual proceedings. ii. The court locations in which the candidate is willing to sit.

(5) Section 43.1 of the Act is amended by adding the following subsections: Majority required

(2.1) The Committee shall determine matters under subsection (2) by a majority vote of the members present. Chair may vote

(2.2) For the purposes of subsection (2.1), the chair is entitled to vote and may cast a second, deciding vote if there is a tie.

(6) Subsection 43.1 (3) of the Act is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the following clause: (

c) who previously applied for candidacy, if more than six months remain in the candidate’s classification period under that application.

(7) Clauses 43.1 (4) (

a) and (

b) of the Act are repealed and the following substituted: (

a) the names or identifying information of candidates who are classified as “not recommended”; (

b) the names or identifying information of candidates who are being assessed but have not yet been classified ; and

(8) Subsections 43.1 (7) to (11) of the Act are repealed and the following substituted: Recommendation by Attorney General

(7) The Attorney General may only recommend a candidate to the Lieutenant Governor in Council for appointment to fill a judicial vacancy if, (

a) the candidate was classified by the Committee as “recommended” or “highly recommended”;

11 (

b) the classification applies to the candidate’s qualification to preside over bilingual proceedings, if the vacancy is for a bilingual judicial position; (

c) the information provided under subparagraph 8 ii of subsection (2) with respect to the candidate indicates that the candidate is willing to sit in the court location to which the vacancy relates; and (

d) the candidate’s classification period has not expired. Reclassification

(8) If, during the classification period of a candidate who was classified as “not recommended”, the Committee receives or becomes aware of information respecting the candidate that the Comm ittee believes may affect the candidate’s classification, the Committee may re-evaluate and reclassify the candidate. Same, notification

(9) The Committee shall promptly notify the Attorney General in writing of the reclassification of a candidate under subsection (8), with brief supporting reasons. Same, no effect on classification period

(10) The reclassification of a candidate has no effect on the candidate’s classification period. Other information

(11) If, during the classification period of a candidate who was classified as “recommended” or “highly recommended”, the Committee receives or becomes aware of information respecting the candidate that the Committee believes may be material to whether the Attorney General recommends the candidate to the Lieutenant Governor in Council, the Committee shall promptly notify the Attorney General in writing respecting the information. Transition

(12) This section, as it read immediately before the day the Protect Ontario Through Safer Streets and Stronger Communities Act, 2025 received Royal Assent, continue s to apply with respect to a judicial vacancy that was advertised by the Committee before that day. 4 Subsection 87.2 (1) of the Act is repealed and the following substituted: Small Claims Court Administrative Judge

(1) The Lieutenant Governor in Council may, on the recommendation of the Attorney General, appoint as Small Claims Court Administrative Judge a person who has, (

a) been a member of the bar of one of the provinces or territories of Canada for at least 10 years; or (

b) for an aggregate of at least 10 years, been a member of a bar mentioned in clause (

a) and, after becoming a member of such a bar, exercised powers and performed duties of a judicial nature on a full -time basis in respect of a position held under a law of Canada or of one of its provinces or territories. Commencement 5 This

Schedule comes into force on the day the Protect Ontario Through Safer Streets and Stronger Communities Act, 2025 receives Royal Assent.

SCHEDULE 6 FAMILY LAW ACT 1 (1) Subsections 46 (1) and (2) of the Family Law Act are repealed and the following substituted: Restraining order

(1) The court may make an interim or final restraining order against a person referred to in subsection (2), on the application of, (

a) a person who has reasonable grounds to fear for their own safety or for the safety of any child in their lawful custody; (

b) a person prescribed by the regulations, on behalf of and with the consent of a person referred to in clause (a); or (

c) any person, on behalf of a person referred to in clause (a), with leave of the court, subject to any conditions prescribed by the regulations with respect to the granting of the leave. Same, against whom

(2) A restraining order under subsection (1) may be made against, (

a) a spouse or former spouse of the person referred to in clause (1) (a); or (

b) any person who is cohabiting or has for any period of time cohabited with the person referred to in clause (1) (a).

(2) Paragraph 1 of subsection 46 (3) of the Act is repealed and the following substituted: 1. Restraining the respondent, in whole or in part, from directly or indirectly contacting or communicating with the person referred to in clause (1) (

a) or with any child in that person’s lawful custody. Commencement 2 This

Schedule comes into force on a day to be named by order of the Lieutenant Governor in Council.

SCHEDULE 7 HIGHWAY TRAFFIC ACT 1 The Highway Traffic Act is amended by adding the following section: Electronic motor vehicle theft devices 79.3

(1) In this section, “electronic motor vehicle theft device” means, subject to the regulations, any electronic device or electronic equipment designed, modified or configured to intercept, re-program, bypass or overcome the security system of a motor vehicle, such that it is suitable for use in the theft of a motor vehicle. Prohibition

(2) No person shall possess an electronic motor vehicle theft device with the intention of using it in the theft of a motor vehicle. Not an offence (3) Subsection (2) does not create an offence under this Act or under the Provincial Offences Act. Powers of police officer, search of motor vehicle

(4) If a police officer has reasonable grounds to believe that a motor vehicle carries or contains an electronic motor vehicle theft device, the police officer may, without a warrant, stop, enter and inspect the vehicle, and may seize and take away any device found in or upon the motor vehicle that the officer has reasonable grounds to believe is possessed contrary to subsection (2). Same, search of person

(5) A police officer who has lawful authority to search a person pursuant to a warrant or otherwise in the execution of the officer’s duties, may, without a warrant, seize and take away any device that the officer has reasonable grounds to believe is possessed contrary to subsection (2). Same, lawful performance of duties

(6) A police officer may seize and take away any device found by the officer in the lawful performance of the officer’s duties that the officer has reasonable grounds to believe is possessed contrary to subsection (2). Forfeiture of device

(7) A device seized and taken away under subsection (4), (5) or (6) is forfeited to the Crown and may, after 30 days of it being seized and taken away, be disposed of as directed by the Attorney General. Return of device

(8) Despite subsection (7), where a police officer believes that possession of an electronic motor vehicle theft device was or is lawful, the police officer may return the device to the person. Relief against forfeiture application

(9) A person from whom a device was seized and taken away under subsection (4), (5) or (6), or the owner of the device, may, within 30 days of it being seized and taken away, apply to the Ontario Court of Justice for relief against forfeiture. Order

(10) The court may make an order that the device be returned to the applicant if the court is satisfied that the applicant has the right to lawful possession of the device. Same

(11) The court shall not order relief under subsection (10) unless it is satisfied that the applicant did not, directly or indirectly, participate in, or benefit from, any offence in connection with which the device was seized. Regulations

(12) The Lieutenant Governor in Council may make regulations clarifying the definition of “electronic motor vehicle theft device” in subsection (1) and specifying things that do or do not constitute electronic motor vehicle theft device s. Commencement 2 This

Schedule comes into force on a day to be named by order of the Lieutenant Governor in Council.

SCHEDULE 8 MEASURES RESPECTING PREMISES WITH ILLEGAL DRUG ACTIVITY ACT, 2025

Interpretation 1

(1) In this Act, “police officer” has the same meaning as in the Community Safety and Policing Act, 2019; (“agent de police”) “premises” means lands and structures or either of them, including trailers and portable structures designed or used for residence, business or shelter, and includes part of a premises; (“lieu”) “prescribed offence” means an offence that is prescribed by regulation under clause 1 (3) (a); (“infraction désignée”) “proceeds”, in relation to an offence, means, (

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

b) money derived directly or indirectly from the commission of the offence; (“produit”) “regulations” means the regulations made under this Act. (“règlements”) Meaning of landlord

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

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

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

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

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

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

b) clarifying who is a landlord for the purposes of this Act or providing that persons who would otherwise be landlords by application of subsection (2) are not landlords for the purposes of this Act. Meaning of terms, cl. (3) (a)

(4) For the purposes of clause (3) (a), the terms “production”, “trafficking”, “controlled substance” and “precursor” have the same meanings as in the Controlled Drugs and Substances Act (Canada) and the term “cannabis” has the same meaning as in the Cannabis Act (Canada). Prohibition, permitting misuse of premises 2

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

(2) It is a defence to a charge under subsection (1) that the defendant took reasonable measures to prevent the activity. Prohibition, possession of proceeds 3 No person shall knowingly possess the proceeds of an offence under this Act. Seizure 4

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

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

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

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

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

15 (

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 li mited to, one or more of the following orders: 1. An order directing that the thing or any part of the thing be returned to the applicant. 2. An order directing that any interest in the thing be vested in the applicant. 3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture. Same

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

Police powers re prescribed offences 5 If a police officer has reasonable grounds to believe that a thing is being used or is about to be used in the commission of a prescribed offence and if the regulations permit it, the police officer may, subject to any restrictions or additional requirements prescribed by the regulations, take possession of, disable or restrict access to the thing for the purpose of preventing it f rom being used in the commission of the prescribed offence. Removing persons from premises 6

(1) If a police officer has reasonable grounds to believe that a prescribed offence is being committed on any premises, the police officer may require that one or more persons vacate the premises. Not to remain after being required to leave

(2) No person shall, (

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

b) re-enter the premises on the same day the person is required to vacate, unless a police officer authorizes the person to re-enter. Persons residing in premises (3) Subsection (1) does not apply in respect of persons residing in the premises. Closure of premises 7

(1) If a charge is laid against a person for committing a prescribed offence and a police officer has reasonable grounds to believe that a premises was used in the commission of the alleged offence, the police officer may cause the premises that is the subject of the alleged contravention to be closed immediately and any persons on the premises to be removed. Limitation, residences (2) Subsection (1) does not apply with respect to premises that are being used as a residence.

16 Barring of entry

(3) If a premises is closed under subsection (1), a police officer shall bar entry to all entrances to the premises until the fin al disposition of the charge, subject to an order under subsection (6). No entry

(4) Until the final disposition of the charge, no person shall enter or attempt to enter a premises that is closed under subsection (1), subject to an order under subsection (6). Exception (5) Subsections (3) and (4) do not apply with respect to the entry, in exigent circumstances, of police officers or other emergency responders. Order lifting closure

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

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

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

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

(8) If, after an applicant posts a cash bond under clause (6) (

b) and before final disposition of the charge, another charge is laid against the applicant for a prescribed offence and there are reasonable grounds to believe that the same premises were used i n the commission of the alleged offence, the Superior Court of Justice may, on application, order the forfeiture of the bond to the Crown. No appeal

(9) For greater certainty, no appeal lies from an order made under subsection (8). Arrest without warrant 8 If a police officer finds a person apparently in contravention of subsection 2 (1),

section 3 or subsection 6 (2) or 7 (4) and the person refuses to give the person’s name, date of birth and address or the police officer has reasonable grounds to believe that the name, date of birth or address given is false, the police officer may arrest the person without warrant. Powers of a police officer exercised by others 9

(1) A power that may be exercised under this Act by a police officer, other than a power set out in

section 8 , may also be exercised by any other person or class of persons designated in writing by the Solicitor General for the purposes of this section. Same

(2) A designation under subsection (1) is subject to such restrictions as may be specified in the designation, including restrictions respecting the powers that may be exercised or the offences under this Act in respect of which powers may be exercised. Obstruction 10 No person shall hinder, obstruct or interfere with, or attempt to hinder, obstruct or interfere with, a police officer or per son designated under

section 9 who is acting under this Act. Offences 11

(1) A person who contravenes subsection 2 (1),

section 3, subsection 6 (2) or 7 (4) or

section 10 is guilty of an offence. Same, directors and officers

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

(3) No proceeding under this

section shall be commenced more than two years after the day the offence was, or is alleged to have been, committed.

17 Penalties 12

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

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

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

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

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

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

(3) On conviction for having contravened

section 3, subsection 6 (2) or 7 (4),

section 10 or subsection 11 (2), (

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

b) a corporation is liable to a fine of not more than $250,000. Cost recovery 13

(1) Any cost incurred by a police service or an entity prescribed by the regulations in enforcing the requirements of subsection 2 (1) or

section 3 against a person is recoverable from the person, if the person is convicted for contravening subsection 2 (1) or

section 3, as applicable. Same

(2) Any cost that is incurred by a police service or an entity prescribed by the regulations in enforcing a provision of this Act or exercising a power conferred under this Act, other than in relation to enforcing the requirements of subsection 2 (1) or

section 3, is recoverable from a person who is a landlord of the premises in respect of which the provision was being enforced or power was exercised, if the landlord knowingly permitted the premises to be used to commit a prescribed offence. Same, prescribed offences

(3) The costs that are prescribed by the regulations and that are incurred by a police service or an entity prescribed by the regulations in enforcing

an Act of Parliament or exercising a power under

an Act of Parliament in relation to a prescribed offence are recoverable from a person who knowingly permitted a premises of which the p erson is a landlord to be used in relation to the prescribed offence. Exception

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

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

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

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

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

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

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

18 Dispute

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

Definitions

(9) In this section, “police service” and “police service board” have the same meanings as in the Community Safety and Policing Act, 2019. Regulations 14 The Lieutenant Governor in Council may make regulations, (

a) prescribing anything referred to in

section 5 as being provided for by the regulations; (

b) prescribing entities for the purposes of

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

c) prescribing costs for the purposes of subsection 13 (3). Commencement 15 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 16 The

short title of the Act set out in this

Schedule is the Measures Respecting Premises with Illegal Drug Activity Act, 2025.

Document details

Collection	Ontario — Bills
Citation	p44 s1 bill 10 b010 e.pdf
Type	bill
Volume / chapter	p44 s1 bill 10 b010 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	bfe1283c65baa06b9b9290f3dfcd612fe841854f

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