THUNDER BAY — New provincial legislation making landlords directly accountable for illegal drug activity on their properties is raising questions for the District of Thunder Bay Social Services Administration Board.
The Ford government's Bill 10, an omnibus crime bill, includes a provision to enact the Measures Respecting Premises with Illegal Drug Activity Act.
Crystal Simeoni, director of integrated social services at the DSSAB, says there’s still uncertainty about how the law will affect local landlords and community housing providers.
"Some parts of it are still a little bit up in the air on what the actual full impact for landlords will be," Simeoni said. "Once we see the full legislative framework, we’ll be able to understand a little bit more how it will impact us."
Under Schedule 8, Section 2(1) states: "No person shall knowingly permit premises of which the person is a landlord to be used in relation to a prescribed offence." This means landlords who are aware of illegal drug activity and fail to act could face significant penalties.
However, Section 2(2) offers a potential defence if landlords can prove they took “reasonable measures” to prevent illegal activity. The legislation does not define what constitutes reasonable.
"The word 'defence' is one that sort of stands out to us because it says it would be holding landlords to account for illegal drug trafficking and production in their buildings." Simeoni said. "Once we get the full interpretation of what that will look like, then I believe as landlords and social housing providers, we’ll be able to determine the full impact."
Currently, the DSSAB employs several measures to keep its community housing safe, said Simeoni, including tenant support workers, property management supervisors working alongside legal staff, partnerships with local agencies, surveillance systems, contracted security, and strong ties with Thunder Bay Police Services.
If found guilty under Bill 10, landlords face substantial fines, possible criminal charges, and liability for police enforcement costs such as raids and cleanup. However, the law allows landlords to avoid enforcement cost liability if they can demonstrate reasonable prevention efforts.
The Association of Municipalities of Ontario has also weighed in on Bill 10. AMO formally submitted their advice to Minister of Municipal Affairs and Housing Rob Flack, Attorney General Doug Downey, and Solicitor General Michael Kerzner, emphasizing the need for clear guidance and support for municipal landlords, including community housing providers.
AMO supports measures to increase safety and reduce illegal activity but emphasizes that housing providers sometimes have limited options to respond, especially given ongoing delays and challenges in eviction processes at the Landlord and Tenant Board.
They highlighted challenges such as the complex needs of tenants with mental health and addictions issues and called for clarity on what “reasonable measures” landlords must take to avoid liability under the new legislation.
Bill 10 was made law on June 5, however the Measures Respecting Premises with Illegal Drug Activity Act is not yet in force. The date on which it will go into force has not been set.
