Bill 10 - Illegal Drug Activity Act
Today is the last day to comment - March 8, 2026
Bill 10 -Illegal Drug Activity Act -today is the last day to comment - Sunday, March 8, 2026. Solo’s opinion is that the suggested law is egregiously flawed and the simple answer is to have the Police remove the perpetrators and support the landlord by not permitting perpetrators to return to the property. In situations where the owner is manufacturing or trafficking as a full-time operation, shut it down first and lay charges.
Statement from the Act: Reasonable Measures” Defence: Landlords are not liable if they can demonstrate they took reasonable steps to prevent the illegal activity.
When a landlord suspects illegal activity and approaches the Police, the Police say they cannot do anything, it is a civil matter and your only option is to file an application at the Landlord Tenant Board. You will then wait months to have your N6 file heard and hope that there will not be any delays due to “adjournments” or “we ran out of time” to get to your hearing which will cause your hearing to be rescheduled. An innocent landlord, other tenants and the community are now in a holding pattern for months, sometimes years.
The solution to this issue is to remove the perpetrator and provide support to the owner to ensure the perpetrator does not have access to return to the unit.
The Canlii database currently has 453 cases of drug trafficking and when you read the process you will see how difficult it is to prove and resolve these issues due to lack of Police support
Please look at this example on the Canlii database: LTB-L-043726-23
the courts generally distinguish between three levels of seriousness for trafficking: i) social sharing, ii) petty retail operation, and iii) full-time commercial operation.
Evidence needed: quantity of drugs seized or the amount of money found in a unit. Paraphernalia normally associated with drug trafficking, such as a digital scale or a debt list, closed circuit video camera, to demonstrate a high level of traffic in and out of the unit would be expected in a drug trafficking scenario.
Quotes from some of our landlords:
Quote: This liability is a huge concern for LLs. I have previously dealt with this and our only recourse is to issue an N6 for illegal acts then wait a year. Beyond the N6 we have no other recourse, so any Bill should consider that an N6 filed removes the drug liability from the LL unless it is proved that the LL encourages the drug use.
Quote: I would also add that the Police don’t do anything when you call them which adds liability to the Landlord, and could force a Landlord into “dealing” with the tenant themselves endangering them
Quote: As a reminder - the Board will not make an Order on drug trafficking unless there is a police report and evidence. If the Police fail to respond (which they often do) then the applications are not likely to be successful which puts the LL at risk
Let’s list this out in a step by step.
Landlord suspects drug dealing. Multiple people are coming to the property daily. The landlord is now fearful and contacts the Police who say we cannot enter the property without a warrant. We cannot do anything. File an application at the LTB and we won’t give you any evidence to take to the LTB for any active file AND if you want information on previous occurrences you can file an FOI and that will take 30 days or more and much of the information will be redacted. The landlord eventually gets a hearing and it is up to the landlord to prove their case. How do they prove their case? They can use pictures of the frequent traffic (see requirements on Canlii). If they don’t prove their case, it will get dismissed. The landlords feels endangered, the community feels endangered and Bill 10 could allow for arrest and fine or imprison the owner? What happens to the property? Now the banks have to incur losses and the landlord has to hire legal representation? What about others who live in the property? Children? Elderly people who are involved in home takeovers? The policy for Bill 10 needs to be thought through in more detail. Egregious situations that the Police choose to shutdown should be managed by a Trustee and have a process.
Another concern is the background information for the law. Where are the case examples? How can we help you without knowing the background for the law? If the background information said we have had x cases in each City from x to year to x year, this would be statistical information that we could understand. We have x number of drug cartels impacting the communities or well-established crime rings and producers. This law should be going after the big players and provide Police support for the regular law abiding landlord instead of putting them in a corner.
Please contact me. I would like the opportunity to introduce you to law-abiding landlords who have experienced drug trafficking at their properties and can give you real world examples of their experiences from Toronto to Thunder Bay.