Safety bill tightens site rules, boosts policing

Summary#

Bill 223, the Safer Streets, Stronger Communities Act, 2024, was enacted as Chapter 27 of Ontario’s 2024 statutes. It creates two Acts and amends seven others, including the Highway Traffic Act and Christopher’s Law (Sex Offender Registry), 2000. Its stated goals include community safety, addiction recovery and more oversight of commercial vehicles; these are goals, not guaranteed results.

  • The new Community Care and Recovery Act, 2024 bars supervised consumption sites within 200 metres of specified schools, child care centres and EarlyON centres. It also limits municipalities’ and local boards’ power to seek federal exemptions or funding for certain drug-related services.
  • Changes to Christopher’s Law would add reporting requirements for listed events, including travel, and allow the Minister to authorize registry information for research or statistics under privacy conditions. Some of these changes require a proclamation to take effect.
  • The Change of Name Act would make some people ineligible to change their name, including people required to report under Christopher’s Law and people found guilty or not criminally responsible of prescribed offences. Its changes also require a proclamation.
  • The Highway Traffic Act expands careless-driving offences to specified parking places and sets a two-year time limit for starting a case. Other changes create a false-VIN offence and give the Registrar powers over commercial vehicle certificates (CVOR certificates).
  • The Community Safety and Policing Act, 2019 changes how chiefs can request temporary policing help and requires notices about the request and its expected financial effects. It also gives the Minister power to issue policing awards.
  • The Act also proclaims November as Community Safety and Crime Prevention Month, changes rules for part-time provincial judges, and removes limitation periods for a specified type of lawsuit under federal law.

What it means for you#

  • People who use, work at or live near supervised consumption sites: The site-location ban applies within 200 metres of the listed designated premises. It excludes, among other things, schools providing only adult education and certain premises on reserves. The text does not set out a process for moving or closing existing sites.
  • Municipalities and local boards: They cannot apply to the federal government to decriminalize personal possession of a controlled substance or precursor. Without provincial Health Minister approval, they also cannot apply for federal exemptions or funding for supervised consumption sites or safer supply services, or support another person’s related application. Regulations may create exceptions.
  • People affected by sex-offender reporting rules: If the relevant changes take effect, reporting would cover additional events, including certain travel and changes to email addresses, social-media user names and other prescribed online identifiers. For some travel, notice is due 14 days before departure; requirements differ for people convicted of sex offences against children. Regulations may allow alternative reporting instead of appearing in person. The text does not create a general application or appeal process for these rules.
  • People seeking a legal name change: Some applicants would be ineligible, subject to exceptions in regulations and specified exceptions involving the Attorney General. The Registrar General must tell an ineligible applicant the reason.
  • Commercial vehicle operators and certificate holders: The Registrar may attach, vary or remove CVOR certificate conditions, including safety practices, training, assessments and information requirements. Failure to comply can lead to enforcement. Some certificate decisions may be appealed within 30 days; there is no appeal from a decision to amend certificate conditions under the new section.
  • Drivers and vehicle-document applicants: Knowingly submitting or presenting a false vehicle identification number in required documents becomes an offence, with possible fines, imprisonment and licence or vehicle-permit suspension. Careless driving would also apply in defined parking places, including private lots. The supplied text does not establish when the delayed false-VIN change took effect.
  • Police services and taxpayers: A chief of police may request temporary assistance from another chief or an entity employing First Nation Officers. The Commissioner must provide assistance the Commissioner considers necessary; other chiefs and entities may decline. If there is no cost agreement, the provider may certify the cost, which the requesting police service board—or the Minister for a Commissioner request—must pay.

Money#

No cost information is in the available material.

  • The Act requires financial details to be included in notices about temporary policing assistance and sets out who pays if there is no cost agreement. It gives no cost estimate.
  • CVOR conditions may require certificate holders to pay for courses or safety assessments. The bill gives no estimate of these costs.
  • A false-VIN conviction can bring a fine of $50,000–$75,000 for a first conviction and $75,000–$100,000 for later convictions, as well as up to six months in prison or up to one year of licence or vehicle-permit suspension. These are possible penalties, not automatic charges.
  • The bill raises the maximum administrative penalty for certain Highway Traffic Act matters from $20,000 to $50,000. The amount imposed in a particular case depends on the rules and decision.

What is unclear#

  • The supplied material does not say which provisions requiring a proclamation have since come into force. It sets out start-date rules, but not the proclamation dates. These include the name-change restrictions, much of the expanded sex-offender reporting regime, some CVOR changes and the part-time judge rules.
  • Regulations may set exceptions, add designated premises, specify online identifiers and set alternative reporting methods. The material does not give those regulations.
  • The bill does not explain how existing supervised consumption sites are treated under the 200-metre rule or how the required distances would be applied to every location.
  • The text does not explain how the Minister would decide municipal approval requests, or how long decisions would take.
  • It is unclear how many police staff, hours or resources expanded registry duties and address checks would require.

Case for#

  • The bill appears intended to improve public safety through additional sex-offender reporting, including for travel and some online identifiers. More information could help police maintain the registry, though the bill does not establish that it will prevent offences.
  • A possible argument for restricting site locations is that the law gives a measurable buffer around specified places serving children and students.
  • CVOR conditions could require safety training, remedial programs or assessments tailored to a certificate holder’s safety record.
  • The bill requires privacy safeguards before registry information can be used for research: the Minister must be satisfied the work cannot reasonably be done without it, and the authorized person must promise not to disclose identifying information.

Case against#

  • The 200-metre rule may restrict where supervised consumption sites can operate, but the bill does not explain how existing sites would be handled or show what services would replace them.
  • Requiring provincial approval for municipal applications or support may limit local decision-making. The bill does not set approval criteria or a decision timeline.
  • New reporting duties could burden people who must report and police services that must receive information and make reasonable efforts to verify addresses. The text does not estimate the added workload.
  • The Registrar’s power to change CVOR conditions is broad; the bill allows written submissions but provides no appeal from that decision.
  • The bill creates or changes several rules that depend on future regulations or proclamations. Until those are known, some practical effects and costs remain uncertain.

Votes

Second Reading of Bill 223

For (75%)
Against (25%)

Motion for allocation of time on Bill 223 and Bill 227.

For (65%)
Against (35%)