Bill 106 explained in plain English
Safer Communities and Neighbourhoods Act, 2010
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 39th Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill 106, the Safer Communities and Neighbourhoods Act, 2008, would allow municipalities to establish a process for addressing properties that are habitually used for activities detrimental to the community, including the possibility of court-ordered closure.
This bill, if passed, would create the Safer Communities and Neighbourhoods Act. It allows municipalities and local services boards to address properties that are repeatedly used for activities that negatively impact the community. A "Director of Safer Communities and Neighbourhoods" could be appointed by a municipality or board. Residents could complain to this Director about properties used for certain activities, such as drug use, prostitution, or illegal firearm storage, that are harming the community. The Director would investigate and try to resolve complaints informally. If that fails, the Director could apply to the court for a "community safety order." Such an order could require people to leave the property, terminate tenancy agreements, or close the property for up to 90 days. Residents affected by an order could ask the court to vary it under certain conditions. The bill also outlines procedures for complainants to apply for an order if the Director does not act, details the Director's powers regarding property closure, and sets out rules for confidentiality, offences, penalties, and appeals.
- Enacts the Safer Communities and Neighbourhoods Act, 2008.
- Enables municipalities and local services boards to address properties used for activities that adversely affect communities.
- Allows for the appointment of a Director of Safer Communities and Neighbourhoods.
- Permits individuals to make complaints to the Director about properties habitually used for specified purposes that harm the community.
- Requires the Director to investigate complaints and attempt to resolve them informally.
- Empowers the Director to apply to the court for a community safety order if informal resolution fails.
- Outlines the circumstances under which a court may issue a community safety order.
- Specifies remedies a court can order, such as requiring persons to vacate a property, terminating tenancy agreements, or closing a property for up to 90 days.
- Provides a process for residents to seek variations to a community safety order.
- Allows complainants to apply for a community safety order if the Director decides not to act on a complaint.
- Defines the Director's powers related to property closure and information disclosure.
- Establishes rules regarding the confidentiality of complaints.
- Sets out offences and penalties related to contravening the Act or orders made under it.
- Includes provisions for appeals of court orders.
- Specifies that the Act binds the Crown.
- Municipalities (single-tier and upper-tier)
- Local services boards
- Owners of property
- Residents of property
- Complainants
- Directors of Safer Communities and Neighbourhoods
- Courts (Superior Court of Justice)
- The Crown
- Corporations (directors and officers)
- Third parties acquiring interest in property
- Right of a person to make a complaint to the Director.
- Obligation of the Director to investigate and attempt to resolve complaints informally.
- Right of the Director to apply to the court for a community safety order.
- Right of residents to appear and be heard by the court regarding an application for a community safety order.
- Right of residents to make a motion to vary a community safety order under specific conditions.
- Right of a complainant to apply for a community safety order if the Director does not act.
- Obligation of the respondent to comply with a community safety order.
- Obligation of persons to vacate property when ordered.
- Obligation of persons to not enter a closed property without consent.
- Obligation of the respondent to pay the costs of closing and securing the property.
- Right of the Director to obtain and disclose information.
- Confidentiality of the complainant's identity and information.
- Protection against being compelled as a witness (Director).
- Obligation of persons transferring property interests to inform third parties of applications or orders.
- Right to appeal a community safety order (with leave) on a question of law.
- Peace officers' duty to assist in posting, serving, and carrying out orders.
- The Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
- The respondent is responsible for paying the costs of closing and securing the property and keeping it closed, which becomes a debt to the municipality.
- Fines can be levied for offences under the Act.
- Costs may be awarded in legal proceedings, including potentially ordering a complainant to pay costs to the Director if an application is found frivolous or vexatious.
- Prohibition on removing posted orders or notices: fine of not more than $2,500 or imprisonment for not more than three months, or both.
- Prohibition on entering a closed property without consent: fine of not more than $5,000 or imprisonment for not more than six months, or both.
- Respondent ignoring a community safety order: fine of not more than $500 for each day the offence continues.
- Other persons causing, permitting, contributing to, participating in, or acquiescing in activities described in a community safety order: fine of not more than $500 for each day the offence continues.
- Failure to inform a third party about an application or order: fine of not more than $20,000 or imprisonment for not more than one year, or both.
- Directors and officers of corporations can be held liable for corporate offences.
- The specific date the Act comes into force is not yet determined, as it will be proclaimed by the Lieutenant Governor.
- The scope of "specified purpose" activities that can lead to an order is defined in the Act but may be expanded by regulation.
- The Director is not required to provide reasons for decisions made regarding acting on a complaint.
- The Act applies to municipalities and board areas only if their council passes a by-law appointing a Director.
- The extent of "reasonable effort" the Director must make to resolve a complaint informally is not precisely defined.
- The specific form and manner for complaints, and the information required, are determined by the Director.
- The determination of what constitutes "adversely affected" depends on the court's interpretation of health, safety, security, or reasonable enjoyment.
- The specific remedies the court may order are listed, but the court can also make "any other order that it considers necessary."
- The maximum duration for closing a property is 90 days, but the court considers various factors when deciding this.
- The Act does not specify the maximum number of times a Director can make a motion to vary an order for property closure.
This bill enacts a new Act with the title "Safer Communities and Neighbourhoods Act, 2008."
The Act will come into force on a date to be proclaimed by the Lieutenant Governor.
Source: Section 42
If there is a conflict between this Act and the Residential Tenancies Act, 2006, this Act will take precedence.
Source: Section 38
The confidentiality provisions of this Act apply despite the Freedom of Information and Protection of Privacy Act.
Source: Section 26 (2)
The confidentiality provisions of this Act apply despite the Municipal Freedom of Information and Protection of Privacy Act.
Source: Section 26 (2)
The general immunity provision for acts done in good faith does not relieve the Crown of liability to which it would otherwise be subject, despite specific subsections of the Proceedings Against the Crown Act.
Source: Section 37 (2)
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
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Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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