Bill 139 2010

An Act to amend various Acts to prevent clandestine drug operations

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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:

Building Code Act, 1992

   1.  (1)  Subsection 1 (1) of the Building Code Act, 1992 is amended by adding the following definition:

"clandestine drug operation" means an illegal operation where any substance listed in any of Schedules I to IV to the Controlled Drugs and Substances Act (Canada) can be obtained by any method or process, including,

  (a)  manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or

  (b)  cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained; ("opération de stupéfiants clandestine")

   (2)  Section 15.9 of the Act is amended by adding the following subsection:

Same, clandestine drug operations

   (2.1)  A building is in a condition that could be hazardous to the health or safety of persons if an inspector determines that it contains a clandestine drug operation.

   (3)  Subsection 15.9 (4) of the Act is amended by adding "Subject to subsection (4.1)" at the beginning.

   (4)  Section 15.9 of the Act is amended by adding the following subsections:

Same, clandestine drug operation

   (4.1)  An inspector who finds that a building contains a clandestine drug operation,

  (a)  shall make an order setting out the reasons for the finding and the remedial steps necessary to render the building safe;

  (b)  shall register the order against the title to the land on which the building is located; and

   (c)  may require the order to be carried out within the time specified in the order and in accordance with the requirements that are prescribed.

.     .     .     .     .

Discharge of order

   (12)  When an order made under subsection (4.1) has been carried out as required, an inspector shall register a discharge of the order against the title to the land on which the building is located.

City of Toronto Act, 2006

   2.  (1)  Subsection 388.1 (1) of the City of Toronto Act, 2006 is amended by striking out "marijuana grow operation" and substituting "clandestine drug operation".

   (2)  Subsection 388.1 (6) of the Act is amended by adding the following definition:

"clandestine drug operation" means an illegal operation where any substance listed in any of Schedules I to IV to the Controlled Drugs and Substances Act (Canada) can be obtained by any method or process, including,

  (a)  manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or

  (b)  cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained; ("opération de stupéfiants clandestine")

Land Titles Act

   3.  Section 81 of the Land Titles Act is amended by adding the following subsection:

Exception

   (2)  Despite subsection (1), the land registrar shall not refuse to accept for registration an order made under subsection 15.9 (4.1) of the Building Code Act, 1992 or a discharge of that order.

Municipal Act, 2001

   4.  (1)  The Municipal Act, 2001 is amended by adding the following section:

Definition

   447.1.1  In sections 447.2 and 447.3,

"clandestine drug operation" means an illegal operation where any substance listed in any of Schedules I to IV to the Controlled Drugs and Substances Act (Canada) can be obtained by any method or process, including,

  (a)  manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or

  (b)  cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained.

   (2)  Subsections 447.2 (1) and 447.3 (1) of the Act are amended by striking out "marijuana grow operation" wherever that expression appears and substituting in each case "clandestine drug operation".

Registry Act

   5.  Section 23 of the Registry Act is amended by adding the following subsection:

Exception

   (2)  Despite subsection (1), the land registrar shall not refuse to accept for registration an order made under subsection 15.9 (4.1) of the Building Code Act, 1992 or a discharge of that order.

Residential Tenancies Act, 2006

   6.  (1)  Subsection 27 (1) of the Residential Tenancies Act, 2006 is amended by adding the following paragraph:

  4.1  To carry out an inspection of the rental unit to determine if it contains a clandestine drug operation.

   (2)  Section 27 of the Act is amended by adding the following subsection:

Definition

   (1.1)  In subsection (1),

"clandestine drug operation" means an illegal operation where any substance listed in any of Schedules I to IV to the Controlled Drugs and Substances Act (Canada) can be obtained by any method or process, including,

  (a)  manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or

  (b)  cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained.

Commencement and Short Title

Commencement

   7.  This Act comes into force on the day it receives Royal Assent.

Short title

   8.  The short title of this Act is the Clandestine Drug Operation Prevention Act, 2010.

 

EXPLANATORY NOTE

The Bill amends a number of Acts with respect to clandestine drug operations which are defined to be illegal operations where any substance listed in any of Schedules I to IV to the Controlled Drugs and Substances Act (Canada) can be obtained by any method or process.

At present, under section 15.9 of the Building Code Act, 1992, an inspector under that Act can enter upon land at any reasonable time without a warrant for the purpose of inspecting a building to determine whether it is unsafe. The Bill clarifies that a building is unsafe if an inspector determines that it contains a clandestine drug operation. Upon finding that a building contains a clandestine drug operation, an inspector is required to make an order setting out the remedial steps necessary to render the building safe and to register the order against the title to the land on which the building is located. When the order has been carried out, an inspector is required to register a discharge of the order against the title to the land.

The Bill amends the Municipal Act, 2001 to broaden the obligation of a local municipality or an upper-tier municipality to conduct an inspection of a building located on land in its jurisdiction when notified by a police force or a local municipality, respectively. At present, the inspection is designed to determine whether there is a marijuana grow operation in the building. Under the amendment, the inspection is designed to determine whether there is a clandestine drug operation in the building. The Bill makes an equivalent amendment to the City of Toronto Act, 2006.

The Bill amends the Residential Tenancies Act, 2006 to allow a landlord, on giving at least 24 hours notice, to enter a rental unit to determine if it contains a clandestine drug operation.