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REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: October 2,2006
Report #: CLD-021-06
File #:
GPA , 377---0b
By-law #:
Subject:
Bill 128 - Marijuana Grow Operations and the impact on Municipalities
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-021-06 be received for information.
Submitted by:
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Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB/LDC
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.:CLD-021-06 PAGE 2
BACKGROUND
On December 15, 2005 Bill 128, being theLaw Enforcement and Forfeited Property
Management Statute Law Amendment Act, 2005received Royal Assent. The purpose of the
Bill is, in part, to support a province-wide strategy combating the spread of indoor marijuana
grow operations and the threat they pose to community safety.
Highlights of the Act
The Act affected seven different provincial laws. Generally speaking, the Legislation speaks to
the following:
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the maximum fines for offences were doubled to $50,000 for an individual and $100,000
for a corporation on conviction for a first offence under either the Building Code Act, the
Electricity Act, 1998 or the Fire Protection and Prevention Act.
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the Electricity Act, 1998 was further amended to allow distributors to shut off electricity
to a property without prior notice if they have reason to believe that there is a condition
in respect of the property that threatens or is likely to threaten the safety of any person
or the reliability of the distribution system.
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There were also changes to the Crown Attorneys Act, the Prohibiting Profiting from
Recounting Crimes Act, 2002 and the Remedies for Organized Crime and Other
Unlawful Activities Act, 2001
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The most extensive changes were to the Municipal Act 2001.
The amendments to the Municipal Act 2001 came into effect on August 1, 2006. The Act
requires municipalities to take action to deal with marijuana grow operations when the police
discover them in residential buildings. Those officers or inspectors who are assigned to deal
with the buildings must inspect them and take corrective action to make the building safe and
to protect the public. The inspection must be conducted within a reasonable time. The Act is,
however silent on what is to be considered a reasonable time.
The Ontario Police College is in the process of working with the Municipal Health & Safety
Association of Ontario regarding development of training protocols for both police and
municipal officers. Staff recently had the opportunity to preview and comment on the initial
training that MHSA is developing. As the protocols and procedures continue to be developed,
staff will access the training courses and equipment provided.
The Ministry has developed a draft document for the Notification Protocol in accordance with
the notification requirements of the Act, to be used by the police in securing the premises and
advising the municipality of the presence of a marijuana grow op in the community. This will
help to ensure that, once police complete their investigation of a grow operation property,
municipalities are notified and necessary steps are taken to have the building made safe for
the public.
REPORT NO.: CLD-021-06 PAGE 3 OF 3
Durham Regional Police are currently reviewing the Protocol template to develop their own
agreements and protocols with the municipalities within Durham Region. Parties entering into
the protocol can customize the template to meet their specific needs.
Once the Notification Protocol has been finalized by the Regional Police, a further report will
be provided to Council. In the meantime staff are continuing to review our procedures and
pursue any and all training options available.