Bill 10 may mean new responsibilities for preventing drug activity
Published August 07, 2025
In early June the Province passed Bill 10, Protect Ontario Through Safer Streets and Stronger Communities Act, 2025. The Bill is an omnibus bill that amends a number of pieces of legislation. The part that could impact housing co-ops is Schedule 8, Measures Respecting Premises With Illegal Drug Activity Act, 2025.
The Act is not yet in force. It is not yet clear which provisions will apply to housing co-ops. Regulations to the Act have not yet been written and they should clarify which rules apply to housing co-ops.
Overall, the Act broadens a landlord’s responsibilities when it comes to preventing drug related activities in their units. Here are the main provisions:
- Landlords can’t knowingly allow their buildings to be used for prohibited activities such as the production or trafficking of drugs. Whether this provision will apply to co-ops will depend on the definition of the term landlord in the regulations. Landlords can take “reasonable measures” to not be held liable. What is reasonable will depend on the specific facts but could include things such as informing the police or starting eviction procedures. The regulations will need to clarify these issues.
- No one can possess the proceeds of an offence. This could be an issue if a co-op accepted payment where they knew the money came from prohibited activities such as drug dealing.
- Directors and officers are personally liable for permitting an offence under the Act and there could be severe personal penalties in addition to organizational penalties.
- Police have enhanced powers of seizure and there are provisions for cost recovery.
What should co-ops do? First, wait for clarity on what rules apply to co-ops. The regulations should answer many questions. CHF Canada will update you when we get more answers.
Second, while you are waiting for clarity, review your co-op’s procedures around drug offences. You should make sure you are doing things that could be considered “reasonable measures.” Co-ops have always prioritized community safety and you could think about what additional things your co-op can do to improve safety in your co-op, especially when it comes to drug activity.
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