Bill 18 2007

An Act respecting the disclosure of information about marijuana grow operations

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,

"agent" means a person who, for compensation, commission or any other thing of value, sells or rents property on behalf of an owner; ("agent")

"property" means real property. ("bien")

Owner to disclose grow operations on property

   2.  (1)  An owner of property shall, before entering into an agreement to rent or sell the property,

  (a)  ensure that the owner is familiar with the common indicators that a building or structure has been used as a marijuana grow operation;

  (b)  if the owner has engaged an agent with respect to the rental or sale, provide the agent with a signed statement indicating whether or not the owner has any reason to believe that the property has ever been used for a marijuana grow operation; and

   (c)  if the owner has not engaged an agent with respect to the rental or sale, provide a prospective tenant or purchaser with a signed statement indicating whether or not the owner has any reason to believe that the property has ever been used for a marijuana grow operation.

Disclosure by representative

   (2)  For the purposes of clauses (1) (b) and (c), the owner may, in writing, appoint a representative to sign the statement on the owner's behalf.

Application

   (3)  This section applies to every owner who enters into a tenancy agreement or an agreement for purchase and sale on or after the day this Act comes into force.

Agent to disclose grow operations on property

   3.  (1)  Before entering into an agreement on behalf of an owner to rent or sell property, an agent shall,

  (a)  ensure that he or she is familiar with the common indicators that a building or structure has been used as a marijuana grow operation;

  (b)  make reasonable efforts to determine whether any of the common indicators are present in the property;

   (c)  if he or she determines that any of the common indicators are present, disclose them to the prospective purchaser or tenant in a written statement at the earliest opportunity; and

  (d)  obtain from the owner a signed statement referred to in clause 2 (1) (b) and disclose the statement to the prospective tenant or purchaser.

Application

   (2)  This section applies to every agent who enters into a tenancy agreement or an agreement for purchase and sale on behalf of an owner on or after the day this Act comes into force.

Chief of police to disclose grow operations in municipality

   4.  (1)  A municipal chief of police shall, from time to time, publish and make available to the public a list of addresses of current and former marijuana grow operations that have been identified within the municipality.

Commissioner to disclose grow operations in municipality

   (2)  Where the Ontario Provincial Police provides police services in a municipality, the Commissioner shall, from time to time, publish and make available to the public a list of addresses of current and former marijuana grow operations that have been identified within the municipality.

Same

   (3)  The Commissioner may delegate his or her duties under subsection (2) to a member of the Ontario Provincial Police who provides police services in the municipality.

Same

   (4)  Any disclosure made under this section is deemed to comply with clauses 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.

Offences

   5.  (1)  A person is guilty of an offence if the person,

  (a)  fails to provide a statement in contravention of clause 2 (1) (b) or (c);

  (b)  fails to obtain a statement in contravention of clause 3 (1) (d); or

   (c)  knowingly makes a false statement under section 2 or 3.

Penalty

   (2)  A person, other than a corporation, who is guilty of an offence under this Act is liable on conviction to a fine of not more than $25,000.

Same

   (3)  A corporation that is guilty of an offence under this Act is liable on conviction to a fine of not more than $100,000.

Commencement

   6.  This Act comes into force three months after the day it receives Royal Assent.

Short title

   7.  The short title of this Act is the Grow Ops Disclosure Act, 2007.

EXPLANATORY NOTE

The Bill requires property owners and agents to disclose information to prospective tenants and purchasers about the use of a property for marijuana grow operations.  The Bill also requires chiefs of police to disclose information to the public about current and former marijuana grow operations in a municipality.