[38] Bill 181 Original (PDF)
Bill 181 2005
An Act to provide
protection against grow houses
for marijuana and
other illicit drugs
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"Minister" means the Minister of Municipal Affairs and Housing or whatever other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; ("ministre")
"Ministry" means the Ministry of the Minister. ("ministère")
Maintenance standards
2. (1) The Minister may make regulations prescribing,
(a) standards for the maintenance of buildings and structures located in territory without municipal organization for purposes related to the health, safety and well-being of the inhabitants of the territory;
(b) time periods during which the owner of a building or structure to which the standards apply is required to bring the building or structure into compliance with the standards if it is not in compliance with the standards.
Content of standards
(2) A regulation made under subsection (1) shall not impose a standard that is less stringent for the purposes described in that subsection than that of a regulation that is made under the Tenant Protection Act, 1997 for the purposes of section 154 of that Act and that applies to the building or structure.
Scope
(3) A regulation made under subsection (1) may be general or particular in its application.
Duty of owner
(4) If a regulation made under subsection (1) prescribes standards for the maintenance of a building or structure, the owner of the building or structure shall comply with the standards.
Right of entry
3. (1) If a regulation made under section 2 prescribes standards for the maintenance of building or structure, an employee or agent of the Ministry whom the Minister authorizes for the purpose may enter into the building or structure at any reasonable time, subject to subsection (4), for the purpose of determining whether a person has contravened the regulation.
Additional person
(2) The person exercising a power of entry under this section may be accompanied by any person under the person's direction.
Identification
(3) A person exercising a power of entry under this section must on request display or produce proper identification.
Entry to dwellings
(4) A person exercising a power of entry under this section shall not enter or remain in any room or place actually being used as a dwelling unless,
(a) the person obtains the consent of the occupier, after having informed the occupier that the occupier may refuse the right of entry and that, in case of refusal, the entry may only be made under the authority of this section;
(b) the person has obtained a warrant issued under section 158 of the Provincial Offences Act; or
(c) the delay necessary to obtain a warrant or the consent of the occupier would result in an immediate danger to the health or safety of any person.
No obstruction
(5) No person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a power of entry under this section.
Offence
(6) Any person who contravenes subsection (5) is guilty of an offence.
Minister's remedial action
4. (1) If a regulation made under section 2 prescribes standards for the maintenance of a building or structure and the owner of the building or structure does not comply with the standards within the time period specified in the regulation, the Minister may direct that the work required to be done in order to bring the building or structure into compliance with the standards shall be done at the owner's expense.
Recovery of costs
(2) The Minister may recover the costs of doing work under subsection (1) from the owner mentioned in that subsection and the Minister may recover the costs by action or by adding the costs to the provincial land tax register under the Provincial Land Tax Act and collecting them in the same manner as an assessment under that Act.
Interest charge
(3) The costs mentioned in subsection (2) include interest at a rate of 15 per cent or whatever lower rate the Minister specifies commencing on the day the Minister incurs the costs and ending on the day the costs, including the interest, are paid in full.
No compensation
(4) The Minister is not required to pay compensation to the owner of the building or structure mentioned in subsection (1) for having work done under that subsection.
Court order to close premises
5. (1) Upon the application of the Attorney General, the Superior Court of Justice may make an order requiring that all or part of a premises within territory without municipal organization be closed to any use for a period not exceeding two years if, on the balance of probabilities, the court is satisfied that,
(a) activities or circumstances on or in the premises constitute a public nuisance or cause or contribute to activities or circumstances constituting a public nuisance in the vicinity of the premises;
(b) the public nuisance has a detrimental effect on the use and enjoyment of property in the vicinity of the premises, including effects such as,
(i) trespass on property,
(ii) interference with the use of highways and other public places,
(iii) an increase in garbage, noise or traffic or the creation of unusual traffic patterns,
(iv) activities that have a significant impact on property values,
(v) an increase in harassment or intimidation, or
(vi) the presence of graffiti; and
(c) the owner or occupants of the premises or part of the premises knew or ought to have known that the activities or circumstances constituting the public nuisance were taking place or existed and did not take adequate steps to eliminate the public nuisance.
Barring entry
(2) If a order is made under subsection (1), the police force responsible for policing in the territory shall bar entry to all entrances to the premises or parts of the premises named in the order until the order has been suspended or discharged under this section.
Suspension of order
(3) On the application of any person who has an interest in the premises, the Superior Court of Justice may make an order suspending an order made under subsection (1) to permit the use, for the period and on the conditions on the applicant, including the posting of security, that the court specifies if, on the balance of probabilities, the court is satisfied that the use will not result in activities and circumstances constituting a public nuisance.
Discharge of order
(4) On the application of any person who has an interest in the premises, the Superior Court of Justice may make an order discharging an order made under subsection (1) if, on the balance of probabilities, the court is satisfied that circumstances have changed to the extent that, after the discharge of the order, the premises will not be used in a manner which will result in activities and circumstances constituting a public nuisance.
No stay of order
(5) An application under subsection (3) or (4) does not stay an order made under subsection (1).
Registration
(6) An order made under this section may be registered in the proper land registry office.
Right not affected
(7) Nothing in this section affects the Attorney General's right to bring an injunction in the public interest.
Conveyancing and Law of Property Act
6. The Conveyancing and Law of Property Act is amended by adding the following section:
Covenant about controlled substances in agreement
62. Every agreement of purchase and sale made on or after this section comes into force for the conveyance of land on which a building or structure is located shall be deemed to include a covenant that the vendor warrants to the purchaser that the building or structure has never been used, during the time that the vendor had a legal interest in the land, to grow any form of cannabis or a controlled substance, as defined in the Controlled Drugs and Substances Act (Canada), except as disclosed in the agreement.
Tenant Protection Act, 1997
7. Subsection 21 (1) of the Tenant Protection Act, 1997 is amended by adding the following paragraph:
3.2 To allow the landlord or anyone authorized by the landlord to view the rental unit to determine whether it is being used to grow any form of cannabis or a controlled substance, as defined in the Controlled Drugs and Substances Act (Canada).
Commencement and Short Title
Commencement
8. This Act comes into force on the day it receives Royal Assent.
Short title
9. The short title of this Act is the Protection Against Illicit Drug Grow Houses Act, 2005.
EXPLANATORY NOTE
The Bill enacts the Protection Against Illicit Drug Grow Houses Act, 2005.
The Act provides regulation-making and other powers with respect to buildings or structures located in territory without municipal organization. With modifications, the powers are similar to those of a municipality and others with respect to buildings or structures located in a municipality.
Under the Act, the Minister can make regulations prescribing standards for the maintenance of a building or structure located in territory without municipal organization for purposes related to the health, safety and well-being of the inhabitants of the territory and prescribing time periods during which the owner of the building or structure is required to bring it into compliance with the standards.
An employee or agent of the Ministry of the Minister can enter into a building or structure to check compliance. If an owner does not comply with the standards within the time periods specified in the regulation, the Minister can direct that the work required in order to bring the building or structure into compliance with the standards be done at the owner's expense. The Minister can recover the costs of doing the work by adding the costs to the provincial land tax register under the Provincial Land Tax Act. A court can make an order closing any premises for a period of not more than two years if the court is satisfied that activities or circumstances on or in the premises constitute a public nuisance.
The Act amends the Conveyancing and Law of Property Act to provide that a vendor in an agreement of purchase and sale must disclose to the purchaser whether the building or structure located on the land covered by the agreement has been used to grow any illicit drug during the time that the vendor had a legal interest in the land.
The Act amends the Tenant Protection Act, 1997 to allow the landlord of a rental unit or anyone authorized by the landlord to enter and view the rental unit to determine whether it is being used to grow any illicit drug.