Chamber
ontario
Stage
Introduced
Ontario's Bill 6 bans illegal drug use in public places and strengthens trespassing penalties.
Key Changes
- Creates a new provincial offence for consuming illegal substances in any public place in Ontario
- Gives police and designated officers power to order people to stop using drugs, leave public areas, and identify themselves
- Allows officers to seize and immediately destroy substances they believe are illegal drugs, regardless of quantity
- Persons who call for emergency services cannot be charged under this Act based on evidence gathered as a result of that call
- Adds two aggravating factors to trespassing sentencing: returning after being told to leave, and likelihood of future trespassing
- Allows regulations to be made permitting officers to escort people to health, shelter, or social services instead of charging them
Gotchas
- The law exempts people who call 911 or seek emergency services — they cannot be charged based on evidence found as a result of that call, which is a Good Samaritan-style protection.
- Officers can destroy seized substances immediately without a court order, which means there is no requirement to preserve evidence before destruction.
- The definition of 'public place' explicitly includes tents and temporary structures used as dwellings in public spaces without legal permission, which could directly affect homeless encampments.
- Regulations can allow officers to escort people to support services (health, shelter, addiction services) instead of charging them, but this diversion option is not automatic — it depends on future regulations being made.
- The trespassing aggravating factor for 'likelihood of future trespassing' is assessed at sentencing, meaning a judge's prediction of future behaviour can increase a penalty even without a prior conviction.
Who's Affected
- People who use illegal drugs in public spaces
- People living in encampments or tents in public areas
- Police officers and provincial offences officers
- Property owners and occupiers dealing with trespassing
- Harm reduction and supervised consumption site operators
- Social service, shelter, and health service providers
Vibes
0 responses
Gotchas
- The law exempts people who call 911 or seek emergency services — they cannot be charged based on evidence found as a result of that call, which is a Good Samaritan-style protection.
- Officers can destroy seized substances immediately without a court order, which means there is no requirement to preserve evidence before destruction.
- The definition of 'public place' explicitly includes tents and temporary structures used as dwellings in public spaces without legal permission, which could directly affect homeless encampments.
- Regulations can allow officers to escort people to support services (health, shelter, addiction services) instead of charging them, but this diversion option is not automatic — it depends on future regulations being made.
- The trespassing aggravating factor for 'likelihood of future trespassing' is assessed at sentencing, meaning a judge's prediction of future behaviour can increase a penalty even without a prior conviction.
Summary
Bill 6, the Safer Municipalities Act, 2025, does two main things. First, it creates a new law called the Restricting Public Consumption of Illegal Substances Act, 2025, which makes it illegal to use drugs (any substance whose possession is banned under federal law) in public spaces in Ontario. Police or other designated officers can order someone to stop using drugs, leave the area, and provide their name and address. Officers can also seize and destroy suspected illegal substances on the spot. Failing to follow an officer's direction is an offence that can result in a fine of up to $10,000 or up to six months in jail. Second, the bill updates Ontario's Trespass to Property Act by adding two aggravating factors that judges must consider when deciding penalties for trespassing. These are: if the person was told to leave and came back after 24 hours, and if the court believes the person is likely to trespass again in the future. These changes are meant to allow for harsher penalties in repeat or defiant trespassing situations. The bill was introduced by the Minister of Municipal Affairs and Housing and is aimed at addressing concerns about public drug use and encampments in Ontario communities.
Automatically generated from bill text using Claude
Vibes
0 responses
Recorded Votes
| Date | Description | Yeas | Nays | Result |
|---|---|---|---|---|
| Jun 3, 2025 | Third Reading of Bill 6, An Act to enact the Restricting Public Consumption of Illegal Substances Act, 2025 and to amend the Trespass to Property Act respecting sentencing. | 74 | 39 | Carried |