Ontario Bill 10 (44th Parliament, 1st Session)
Bill 10, 44-1
Ontario — Bills
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Bill 10, Protect Ontario Through Safer Streets and Stronger Communities Act, 2025
Downey, Hon. Doug Attorney General
Current status:
Royal Assent received. Statutes of Ontario 2025,
chapter 6
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EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 10 and does not form part of the law. Bill 10 has been enacted as
Chapter 6 of the Statutes of Ontario, 2025.
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 participate 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.
Under
section 43.1, the Committee is required to establish criteria to govern its
processes. Subsection 43.1 (2) is amended to 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) limits 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, are 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
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
Contents
of this Act
Commencement
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
(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
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.
Section 9 of the Act is repealed and the following substituted:
Regulations
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
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) 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
(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) 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,
striking out “sexual” and substituting “sex”.
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
Subsections 2 (3) and (4) of
Schedule 3 to the Safer
Streets, Stronger Communities Act, 2024 are repealed.
Commencement
(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) 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.
(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:
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.
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.
(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
currently 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.
(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”.
(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 subject 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.
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.
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.
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
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.
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).
Paragraph 2 of subsection 210 (1) of the Act is repealed and the following
substituted:
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.
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
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
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.
Clause 43 (2) (
c) of the Act is amended by striking out “neither judges nor
lawyers” and substituting “not judges”.
(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”;
(
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 Committee 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, continues to apply with respect to a judicial vacancy
that was advertised by the Committee before that day.
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
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) 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
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 7
HIGHWAY TRAFFIC ACT
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 devices.
Commencement
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) 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
(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
person shall knowingly possess the proceeds of an offence under this Act.
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.
Order
of restoration
(2) The
Ontario Court of Justice may, on the application of any person made within 30
days after a seizure under subsection (1), order that the things seized be
restored without delay to the applicant if the court is satisfied that,
(
a) the
applicant is entitled to possession of the things seized;
(
b) the
things seized are not required as evidence in any proceeding;
(
c) continued
detention of the things seized is not necessary to prevent the commission of an
offence; and
(
d) it
is unlikely that the things will be forfeited on conviction in accordance with
an order made under subsection (5).
Same
(3) If
the court is satisfied that an applicant under subsection (2) is entitled to
possession of the things seized but is not satisfied as to all of the matters
mentioned in clauses (2) (b), (
c) and (d), it shall order that the things
seized be restored to the applicant,
(
a) on
the expiration of three months after the date of the seizure, if no proceeding
in respect of an offence has been commenced; or
(
b) on
the final conclusion of any such proceeding.
Forfeiture
(4) If
no application has been made for the return of a thing seized under subsection
(1), or an application has been made but on the hearing of the application no
order of restoration has been made, the thing seized is forfeited to the Crown.
Same
(5) If
a person is convicted of an offence under this Act, the court that convicts the
person shall order that any thing seized under subsection (1) in connection
with the offence be forfeited to the Crown, unless the court considers that the
forfeiture would be unjust in the circumstances.
Relief
against forfeiture
(6) Any
person with an interest in a thing forfeited under this
section may apply to
the Superior Court of Justice for relief against the forfeiture and the court
may make an order providing for any relief that it considers just, including,
but not limited to, one or more of the following orders:
1. An
order directing that the thing or any part of the thing be returned to the
applicant.
2. An
order directing that any interest in the thing be vested in the applicant.
3. An
order directing that an amount be paid by the Crown to the applicant by way of
compensation for the forfeiture.
Same
(7) The
court shall not order any relief under subsection (6) unless it is satisfied
that the applicant did not, directly or indirectly, participate in, or benefit
from, any offence in connection with which the thing was seized.
Police
powers re prescribed offences
If a
police officer has reasonable grounds to believe that a thing is being used or
is about to be used in the commission of a prescribed offence and if the
regulations permit it, the police officer may, subject to any restrictions or
additional requirements prescribed by the regulations, take possession of,
disable or restrict access to the thing for the purpose of preventing it from
being used in the commission of the prescribed offence.
Removing
persons from premises
(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
(1) If
a charge is laid against a person for committing a prescribed offence and a
police officer has reasonable grounds to believe that a premises was used in
the commission of the alleged offence, the police officer may cause the
premises that is the subject of the alleged contravention to be closed
immediately and any persons on the premises to be removed.
Limitation,
residences
(2) Subsection
(1) does not apply with respect to premises that are being used as a residence.
Barring
of entry
(3) If
a premises is closed under subsection (1), a police officer shall bar entry to
all entrances to the premises until the final disposition of the charge,
subject to an order under subsection (6).
entry
(4) Until
the final disposition of the charge, no person shall enter or attempt to enter
a premises that is closed under subsection (1), subject to an order under
subsection (6).
Exception
(5) Subsections
(3) and (4) do not apply with respect to the entry, in exigent circumstances,
of police officers or other emergency responders.
Order
lifting closure
(6) On
application by a person who has an interest in the premises, the Superior Court
of Justice may order that entry to the premises cease to be barred, subject to
any conditions specified by the court, if,
(
a) the
court is satisfied that the use to which the premises will be put will not
result in the commission of a prescribed offence; and
(
b) if
the applicant is the person charged, the applicant posts a cash bond for
$10,000 or such greater amount as the court may specify, for the term specified
by the court, to ensure that the premises will not be used in a manner that
results in the commission of a prescribed offence.
Restriction
on costs award
(7) Costs
may not be awarded on an application under subsection (6), except against the
applicant.
Forfeiture
of bond
(8) If,
after an applicant posts a cash bond under clause (6) (
b) and before final
disposition of the charge, another charge is laid against the applicant for a
prescribed offence and there are reasonable grounds to believe that the same
premises were used in the commission of the alleged offence, the Superior Court
of Justice may, on application, order the forfeiture of the bond to the Crown.
appeal
(9) For
greater certainty, no appeal lies from an order made under subsection (8).
Arrest
without warrant
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
(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
person shall hinder, obstruct or interfere with, or attempt to hinder, obstruct
or interfere with, a police officer or person designated under
section 9 who is
acting under this Act.
Offences
(1) A
person who contravenes subsection 2 (1),
section 3, subsection 6 (2) or 7
(4) section 10 is guilty of an offence.
Same,
directors and officers
(2) A
director or officer of a corporation who causes, authorizes, permits or
participates in an offence under this Act by the corporation is guilty of an
offence.
Limitation
(3) No
proceeding under this
section shall be commenced more than two years after the
day the offence was, or is alleged to have been, committed.
Penalties
(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
(1) Any
cost incurred by a police service or an entity prescribed by the regulations in
enforcing the requirements of subsection 2 (1) or
section 3 against a person is
recoverable from the person, if the person is convicted for contravening subsection
2 (1) or
section 3, as applicable.
Same
(2) Any
cost that is incurred by a police service or an entity prescribed by the
regulations in enforcing a provision of this Act or exercising a power
conferred under this Act, other than in relation to enforcing the requirements
of subsection 2 (1) or
section 3, is recoverable from a person who is a
landlord of the premises in respect of which the provision was being enforced
or power was exercised, if the landlord knowingly permitted the premises to be
used to commit a prescribed offence.
Same,
prescribed offences
(3) The
costs that are prescribed by the regulations and that are incurred by a police
service or an entity prescribed by the regulations in enforcing
an Act of
Parliament or exercising a power under
an Act of Parliament in relation to a
prescribed offence are recoverable from a person who knowingly permitted a
premises of which the person is a landlord to be used in relation to the
prescribed offence.
Exception
(4) Despite
subsections (2) and (3), the costs referred to in those subsections are not
recoverable if the person took reasonable measures to prevent the activity.
Recoverable
costs
(5) Any
cost incurred by a police service or an entity prescribed by the regulations
that, under this section, is recoverable from a person may be recovered from
that person by,
(
a) in
the case of the Ontario Provincial Police, the Solicitor General;
(
b) in
the case of a police service other than the Ontario Provincial Police, the
police service board that maintains the police service; or
(
c) in
the case of an entity prescribed by the regulations, the entity prescribed by
the regulations as being able to recover the costs, which may be the same
entity.
Absence
of agreement
(6) If
no agreement has been entered into between the person from whom the costs are
recoverable and the police service board, the Solicitor General or the entity
prescribed by the regulations, as the case may be, with respect to the amount
to be paid by the person, the police service board, the Solicitor General or
the entity, as the case may be, may certify the amount of the recoverable
costs, and the costs shall be paid by the person.
Recovery
of amount
(7) The
amount owed by a person, if not collected by other means, may be recovered by a
court action as a debt due to the police service board, the Solicitor General
or the entity prescribed by the regulations, as the case may be.
Dispute
(8) A
debtor may dispute the amount claimed in a court action commenced under
subsection (7) and the court shall determine the issue and make such other
order as it considers appropriate in the circumstances.
Definitions
(9) In
this section,
“police
service” and “police service board” have the same meanings as in the Community Safety and Policing Act, 2019 .
Regulations
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
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
The
short title of the Act set out in this
Schedule is the Measures Respecting Premises with Illegal Drug Activity Act,
2025 .
Bill 10 Original (PDF)
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 participate 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.
Under
section 43.1, the Committee is required to establish criteria to govern its
processes. Subsection 43.1 (2) is amended to 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) limits 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, are 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
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
Contents
of this Act
Commencement
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
(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
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.
Section 9 of the Act is repealed and the following substituted:
Regulations
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
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) 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
(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) 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,
striking out “sexual” and substituting “sex”.
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
Subsections 2 (3) and (4) of
Schedule 3 to the Safer
Streets, Stronger Communities Act, 2024 are repealed.
Commencement
(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) 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.
(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:
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.
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.
(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
currently 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.
(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”.
(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 subject 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.
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.
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.
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
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.
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).
Paragraph 2 of subsection 210 (1) of the Act is repealed and the following
substituted:
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.
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
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
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.
Clause 43 (2) (
c) of the Act is amended by striking out “neither judges nor
lawyers” and substituting “not judges”.
(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”;
(
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 Committee 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, continues to apply with respect to a judicial vacancy
that was advertised by the Committee before that day.
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
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) 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
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 7
HIGHWAY TRAFFIC ACT
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 devices.
Commencement
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) 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
(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
person shall knowingly possess the proceeds of an offence under this Act.
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.
Order
of restoration
(2) The
Ontario Court of Justice may, on the application of any person made within 30
days after a seizure under subsection (1), order that the things seized be
restored without delay to the applicant if the court is satisfied that,
(
a) the
applicant is entitled to possession of the things seized;
(
b) the
things seized are not required as evidence in any proceeding;
(
c) continued
detention of the things seized is not necessary to prevent the commission of an
offence; and
(
d) it
is unlikely that the things will be forfeited on conviction in accordance with
an order made under subsection (5).
Same
(3) If
the court is satisfied that an applicant under subsection (2) is entitled to
possession of the things seized but is not satisfied as to all of the matters
mentioned in clauses (2) (b), (
c) and (d), it shall order that the things
seized be restored to the applicant,
(
a) on
the expiration of three months after the date of the seizure, if no proceeding
in respect of an offence has been commenced; or
(
b) on
the final conclusion of any such proceeding.
Forfeiture
(4) If
no application has been made for the return of a thing seized under subsection
(1), or an application has been made but on the hearing of the application no
order of restoration has been made, the thing seized is forfeited to the Crown.
Same
(5) If
a person is convicted of an offence under this Act, the court that convicts the
person shall order that any thing seized under subsection (1) in connection
with the offence be forfeited to the Crown, unless the court considers that the
forfeiture would be unjust in the circumstances.
Relief
against forfeiture
(6) Any
person with an interest in a thing forfeited under this
section may apply to
the Superior Court of Justice for relief against the forfeiture and the court
may make an order providing for any relief that it considers just, including,
but not limited to, one or more of the following orders:
1. An
order directing that the thing or any part of the thing be returned to the
applicant.
2. An
order directing that any interest in the thing be vested in the applicant.
3. An
order directing that an amount be paid by the Crown to the applicant by way of
compensation for the forfeiture.
Same
(7) The
court shall not order any relief under subsection (6) unless it is satisfied
that the applicant did not, directly or indirectly, participate in, or benefit
from, any offence in connection with which the thing was seized.
Police
powers re prescribed offences
If a
police officer has reasonable grounds to believe that a thing is being used or
is about to be used in the commission of a prescribed offence and if the
regulations permit it, the police officer may, subject to any restrictions or
additional requirements prescribed by the regulations, take possession of,
disable or restrict access to the thing for the purpose of preventing it from
being used in the commission of the prescribed offence.
Removing
persons from premises
(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
(1) If
a charge is laid against a person for committing a prescribed offence and a
police officer has reasonable grounds to believe that a premises was used in
the commission of the alleged offence, the police officer may cause the
premises that is the subject of the alleged contravention to be closed
immediately and any persons on the premises to be removed.
Limitation,
residences
(2) Subsection
(1) does not apply with respect to premises that are being used as a residence.
Barring
of entry
(3) If
a premises is closed under subsection (1), a police officer shall bar entry to
all entrances to the premises until the final disposition of the charge,
subject to an order under subsection (6).
entry
(4) Until
the final disposition of the charge, no person shall enter or attempt to enter
a premises that is closed under subsection (1), subject to an order under
subsection (6).
Exception
(5) Subsections
(3) and (4) do not apply with respect to the entry, in exigent circumstances,
of police officers or other emergency responders.
Order
lifting closure
(6) On
application by a person who has an interest in the premises, the Superior Court
of Justice may order that entry to the premises cease to be barred, subject to
any conditions specified by the court, if,
(
a) the
court is satisfied that the use to which the premises will be put will not
result in the commission of a prescribed offence; and
(
b) if
the applicant is the person charged, the applicant posts a cash bond for
$10,000 or such greater amount as the court may specify, for the term specified
by the court, to ensure that the premises will not be used in a manner that
results in the commission of a prescribed offence.
Restriction
on costs award
(7) Costs
may not be awarded on an application under subsection (6), except against the
applicant.
Forfeiture
of bond
(8) If,
after an applicant posts a cash bond under clause (6) (
b) and before final
disposition of the charge, another charge is laid against the applicant for a
prescribed offence and there are reasonable grounds to believe that the same
premises were used in the commission of the alleged offence, the Superior Court
of Justice may, on application, order the forfeiture of the bond to the Crown.
appeal
(9) For
greater certainty, no appeal lies from an order made under subsection (8).
Arrest
without warrant
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
(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
person shall hinder, obstruct or interfere with, or attempt to hinder, obstruct
or interfere with, a police officer or person designated under
section 9 who is
acting under this Act.
Offences
(1) A
person who contravenes subsection 2 (1),
section 3, subsection 6 (2) or 7
(4) section 10 is guilty of an offence.
Same,
directors and officers
(2) A
director or officer of a corporation who causes, authorizes, permits or
participates in an offence under this Act by the corporation is guilty of an
offence.
Limitation
(3) No
proceeding under this
section shall be commenced more than two years after the
day the offence was, or is alleged to have been, committed.
Penalties
(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
(1) Any
cost incurred by a police service or an entity prescribed by the regulations in
enforcing the requirements of subsection 2 (1) or
section 3 against a person is
recoverable from the person, if the person is convicted for contravening subsection
2 (1) or
section 3, as applicable.
Same
(2) Any
cost that is incurred by a police service or an entity prescribed by the
regulations in enforcing a provision of this Act or exercising a power
conferred under this Act, other than in relation to enforcing the requirements
of subsection 2 (1) or
section 3, is recoverable from a person who is a
landlord of the premises in respect of which the provision was being enforced
or power was exercised, if the landlord knowingly permitted the premises to be
used to commit a prescribed offence.
Same,
prescribed offences
(3) The
costs that are prescribed by the regulations and that are incurred by a police
service or an entity prescribed by the regulations in enforcing
an Act of
Parliament or exercising a power under
an Act of Parliament in relation to a
prescribed offence are recoverable from a person who knowingly permitted a
premises of which the person is a landlord to be used in relation to the
prescribed offence.
Exception
(4) Despite
subsections (2) and (3), the costs referred to in those subsections are not
recoverable if the person took reasonable measures to prevent the activity.
Recoverable
costs
(5) Any
cost incurred by a police service or an entity prescribed by the regulations
that, under this section, is recoverable from a person may be recovered from
that person by,
(
a) in
the case of the Ontario Provincial Police, the Solicitor General;
(
b) in
the case of a police service other than the Ontario Provincial Police, the
police service board that maintains the police service; or
(
c) in
the case of an entity prescribed by the regulations, the entity prescribed by
the regulations as being able to recover the costs, which may be the same
entity.
Absence
of agreement
(6) If
no agreement has been entered into between the person from whom the costs are
recoverable and the police service board, the Solicitor General or the entity
prescribed by the regulations, as the case may be, with respect to the amount
to be paid by the person, the police service board, the Solicitor General or
the entity, as the case may be, may certify the amount of the recoverable
costs, and the costs shall be paid by the person.
Recovery
of amount
(7) The
amount owed by a person, if not collected by other means, may be recovered by a
court action as a debt due to the police service board, the Solicitor General
or the entity prescribed by the regulations, as the case may be.
Dispute
(8) A
debtor may dispute the amount claimed in a court action commenced under
subsection (7) and the court shall determine the issue and make such other
order as it considers appropriate in the circumstances.
Definitions
(9) In
this section,
“police
service” and “police service board” have the same meanings as in the Community Safety and Policing Act, 2019 .
Regulations
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
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
The
short title of the Act set out in this
Schedule is the Measures Respecting Premises with Illegal Drug Activity Act,
2025 .
Date Bill stage Event Outcome Committee
June 5, 2025
Royal Assent
Royal Assent received
June 4, 2025
Third Reading
Vote
Carried on division
June 3, 2025
Third Reading
Question put
Vote deferred
June 3, 2025
Third Reading
Debated
June 2, 2025
Second Reading
Ordered for Third Reading pursuant to the Order of the House
June 2, 2025
Second Reading
Vote
Carried on division
May 29, 2025
Second Reading
Question put
Vote deferred
May 29, 2025
Second Reading
Time allocated
May 8, 2025
Second Reading
Debated
Debate adjourned
May 7, 2025
Second Reading
Debated
Debate adjourned
May 6, 2025
Second Reading
Debated
Debate adjourned
May 1, 2025
First Reading
Ordered for Second Reading
May 1, 2025
First Reading
Vote
Carried
First Reading
May 1, 2025
Carried
Ordered for Second Reading
Second Reading
May 6, 2025
Principal Debaters
Downey, Hon. Doug
Barrie—Springwater—Oro-Medonte
Kerzner, Hon. Michael
York Centre
Tibollo, Hon. Michael A.
Vaughan—Woodbridge
Questions and Responses
Bell, Jessica
University—Rosedale
Collard, Lucille
Ottawa—Vanier
Pierre, Natalie
Burlington
Riddell, Brian
Cambridge
Sattler, Peggy
London West
May 7, 2025
Principal Debaters
Ciriello, Monica
Hamilton Mountain
Collard, Lucille
Ottawa—Vanier
Fife, Catherine
Waterloo
Fraser, John
Ottawa South
Hsu, Ted
Kingston and the Islands
Kernaghan, Terence
London North Centre
McCrimmon, Karen
Kanata—Carleton
Pang, Billy
Markham—Unionville
Rae, Matthew
Perth—Wellington
Wong-Tam, Kristyn
Toronto Centre
Questions and Responses
Bell, Jessica
University—Rosedale
Blais, Stephen
Orléans
Gallagher Murphy, Dawn
Newmarket—Aurora
Gélinas, France
Nickel Belt
Leardi, Anthony
Essex
McMahon, Mary-Margaret
Beaches—East York
Parsa, Hon. Michael
Aurora—Oak Ridges—Richmond Hill
Rakocevic, Tom
Humber River—Black Creek
Sattler, Peggy
London West
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Smith, David
Scarborough Centre
Smith, Laura
Thornhill
Smyth, Stephanie
Toronto—St. Paul's
Vaugeois, Lise
Thunder Bay—Superior North
May 8, 2025
Principal Debaters
Anand, Deepak
Mississauga—Malton
Bell, Jessica
University—Rosedale
Hamid, Hon. Zee
Milton
Tabuns, Peter
Toronto—Danforth
Questions and Responses
Dowie, Andrew
Windsor—Tecumseh
Fairclough, Lee
Etobicoke—Lakeshore
Fife, Catherine
Waterloo
Jordan, John
Lanark—Frontenac—Kingston
Kernaghan, Terence
London North Centre
Pierre, Natalie
Burlington
Rae, Matthew
Perth—Wellington
Rakocevic, Tom
Humber River—Black Creek
Sattler, Peggy
London West
Tsao, Jonathan
Don Valley North
May 29, 2025
Time allocated
May 29, 2025
Question put
June 2, 2025
Carried on division
Ordered for Third Reading pursuant to the Order of the House
Third Reading
June 3, 2025
Principal Debaters
Ciriello, Monica
Hamilton Mountain
Collard, Lucille
Ottawa—Vanier
Downey, Hon. Doug
Barrie—Springwater—Oro-Medonte
McCrimmon, Karen
Kanata—Carleton
Schreiner, Mike
Guelph
Questions and Responses
Wong-Tam, Kristyn
Toronto Centre
Question put
June 4, 2025
Carried on division
Royal Assent
June 5, 2025
Royal Assent received