Ontario bans public drug use, toughens trespass

Summary#

• Ontario’s Safer Municipalities Act, 2025 creates a new law that bans using illegal drugs in public places and updates trespass sentencing rules.
• It gives police the power to tell people to stop using drugs in public, order them to leave, take and destroy drugs, and arrest people who do not comply.
• It also tells courts to consider tougher penalties for trespassing after notice to leave, or when someone is likely to trespass again.

Key points:

• Using illegal drugs (like fentanyl, heroin, cocaine, meth) in public places is banned, unless in a supervised consumption site or another legal exemption applies.
• “Public place” means anywhere the public is allowed, and includes tents used as homes on public land if that use is not allowed by law.
• Good Samaritan rule: if you seek emergency help (for yourself or someone else) or stay to help, you can’t be charged under this new law based on evidence found because you sought help.
• Police can direct you to stop using and/or leave; if you do not comply, you can be charged, asked for ID, and arrested.
• Penalties: up to a $10,000 fine, up to six months in jail, or both.
• Courts must treat certain trespass situations as more serious when setting the fine, including staying after being told to leave and being likely to trespass again.
• The government can make more rules later, including when officers may escort someone to health or social services instead of laying a charge.

What it means for you#

• People who use drugs in public:

  • You can be told to stop or leave a park, sidewalk, transit area, library, or similar public place.
  • Police can seize and destroy drugs found in plain view near you, no matter the amount.
  • If you ignore directions, you can face a fine up to $10,000 or up to six months in jail.
  • If police believe you failed to comply, they can require your name, date of birth, and address. Refusing is another offence.
  • Using drugs inside a supervised consumption site remains allowed.

• People calling 911 or helping in an emergency:

  • If you call for emergency help or stay to help, you cannot be charged under this Act based on evidence found because you sought help.

• People living in encampments on public land:

  • Tents used as homes on public land (where not allowed by law) are treated as part of the public place.
  • Police can order you to stop using drugs there or to leave that area. Not complying can lead to charges.

• Property owners and businesses:

  • Trespass penalties can be tougher if someone stays more than 24 hours after being told to leave (or after a longer time you set in the notice) or if the court finds the person likely to trespass again.
  • The maximum trespass fine stays at $10,000, but judges must treat those factors as more serious.

• Local governments and service providers:

  • The province may set rules allowing officers to take people to health, shelter, housing, mental health, or addiction services instead of charging them in some cases. This could affect demand for services.
  • The province can also define more clearly what counts as a “public place.”

Expenses#

No publicly available information.

• Enforcement could increase policing, court, and lab (drug analysis) workloads.
• If regulations are used to escort people to services, municipalities and community agencies could see higher demand without new funding specified in the bill.

Proponents' View#

• Public spaces will be safer and cleaner for families, workers, and businesses by reducing open drug use and discarded needles.
• Police get clear tools to stop public drug use, seize illegal drugs, and act quickly when people do not comply.
• The Good Samaritan protection encourages people to call 911 during overdoses without fear of being charged under this Act.
• Linking people to health, shelter, and addiction services (through possible escorts) can connect them with help.
• Stronger trespass sentencing helps address ongoing problems when people ignore notices to leave.

Opponents' View#

• Criminal penalties may push people who use drugs into more hidden places, which can increase overdose risk and reduce contact with health workers.
• Fines up to $10,000 and possible jail time can deepen poverty and harm people with addictions and people who are homeless.
• Broad police powers (including arrest without a warrant and drug destruction) may lead to uneven enforcement and more confrontations, especially affecting encampments.
• Supervised consumption sites are limited in number and hours, so the exemption may not cover many real-life situations.
• The law adds enforcement without adding funding for housing, treatment, or mental health care, so underlying problems may not improve.