Government of Ontario introduces legislation addressing homeless encampments and illegal drug use in public spaces

Dec. 13, 2024, Ontario — The Ontario government has introduced legislation that, if passed, will provide municipalities and police with new resources and enforcement tools to address homeless encampments and illegal drug use in parks and public spaces.

The Safer Municipalities Act, 2024 includes amendments to the Trespass to Property Act, which applies to private business, offices, stores, hotels, parks and vacant land.

The amendments, if passed, will enhance penalties for people who deliberately and continually break the law by adding the new aggravating factors of continuous trespassing and the likelihood to reoffend, the province reported in a press release.

In cases where these factors are present, these new tools will be applied by the court during sentencing.

The government is also introducing the Restricting Public Consumption of Illegal Substances Act, 2024 that, if passed, will allow police officers and other provincial offences officers to direct individuals to stop using illegal substances or to leave the public space.

This will allow them to issue a ticket or arrest someone who does not comply, and people found guilty of violating this legislation, including those doing so in encampments, could face fines of up to $10,000 or up to six months in prison.

The province is also investing $75.5 million to further support homelessness prevention and provide people living in encampments with access to reasonable alternative accommodation.

This includes $5.5 million to top up the Canada-Ontario Housing Benefit to immediately free up emergency shelter spaces by helping people living in shelters move into long term housing, $20 million to expand shelter capacity and create additional temporary accommodation spaces, and $50 million designated for ready-to-build affordable housing projects across the province.

As of October 2024, service managers report approximately 3300 people in about 1000 encampment locations across Ontario.