Bill 242 explained in plain English

Bill 242 creates a new law to prohibit consuming illegal substances in public places in Ontario and amends the Trespass to Property Act to establish aggravating factors for sentencing.

Bill 242, called the Safer Municipalities Act, 2024, does two main things: **1. Creates a new law called the Restricting Public Consumption of Illegal Substances Act, 2024** This law prohibits people from consuming illegal substances (as defined by federal drug laws) in public places. A "public place" means any place the general public is invited or permitted to go, including temporary structures like tents used as dwellings in public places if that use is not permitted by law. The law includes some exemptions. People are allowed to consume illegal substances without breaking this law if they are: - Using the substance at an authorized supervised consumption site (a site federally approved for drug consumption) - Legally permitted to possess the substance under Ontario or Canadian law - Covered by a prescribed exemption made through regulations People who seek emergency services cannot be charged with an offence under this law based on evidence obtained from seeking help. The same protection applies to anyone who stays at a scene to help with an emergency or receive emergency services. Police officers or certain prescribed provincial offences officers can: - Direct a person consuming an illegal substance in public to stop or leave - Direct the person to provide their full name, date of birth, and address (for the purpose of starting a proceeding) - Arrest without a warrant anyone they believe on reasonable grounds has broken the law - Seize and destroy any illegal substances they find If someone fails to follow an officer's direction, that is an offence. Anyone convicted under this law can be fined up to $10,000, imprisoned for up to six months, or both. The Minister (Solicitor General or assigned Executive Council member) can designate analysts to examine seized substances. The Lieutenant Governor in Council can make regulations to clarify what counts as a public place and to govern how directions are given and seizures are made. **2. Amends the Trespass to Property Act** The current Trespass to Property Act makes it an offence to trespass on property and sets a penalty of up to $10,000 on conviction. Bill 242 adds two aggravating factors that courts must consider when deciding on a penalty: 1. The defendant was told to leave by the occupier or someone authorized by the occupier, and the defendant was on the premises more than 24 hours after that notice (or a longer period if the occupier specified one), even if the defendant left and came back. 2. At the time of sentencing, the court believes the defendant is likely to trespass again in the future. Bill 242 also makes a small correction to the French version of the Trespass to Property Act.