On June 5, 2025, the Ontario government enacted the Safer Municipalities Act, 2025 (Bill 6), equipping municipalities across the province with new legislative tools to manage public safety—while simultaneously prompting important questions about how they will be implemented in practice.

This legislation comprises two key components:

  1. Restricting Public Consumption of Illegal Substances Act, 2025: This Act prohibits the consumption of illegal substances in public places, including unauthorized dwellings such as tents in parks. Law enforcement officers—which, as defined, include municipal law enforcement officers as well as police officers—are empowered to direct individuals to, among other things, vacate the area or cease consumption. Non-compliance may result in fines up to $10,000 or imprisonment for up to six months
  2. Amendments to the Trespass to Property Act: The Safer Municipalities Act, 2025 introduces amendments to the Trespass to Property Act that enumerate aggravating factors for sentencing, such as re-entering premises after being directed to leave and the likelihood of future trespassing. These factors must be considered by courts when determining penalties for offences under the Trespass to Property Act.

Implications for municipalities

Municipalities now have additional tools to address public safety concerns related to illegal substance use and unauthorized encampments in public spaces. However, the implementation of these measures requires careful consideration:

  • Enforcement coordination: Depending on the circumstances, enforcement may be carried out by, or in coordination with, police services, which operate independently of municipalities. Clear communication and coordination between municipalities and law enforcement are essential to ensure effective application of the new provisions.
  • Community impact: The Act addresses enforcement measures, but it is an oft-repeated sentiment that enforcement alone will not resolve the underlying issues of homelessness and substance use. Many municipalities have been advocating for, and continue to advocate for, comprehensive strategies that include investments in affordable housing, mental health services, and addiction support.
  • Legal considerations: Advocacy groups have publicly raised concerns questioning whether the Act may infringe upon the rights of vulnerable populations. It is not hard to foresee a legal challenge to the Act being brought. While the previous iteration of this Bill was surrounded by speculation that the Ontario government might invoke the Notwithstanding Clause (section 33) of the Canadian Charter of Rights and Freedoms, the Notwithstanding Clause has not been invoked. The clause would have shielded the law from being struck down by Courts even if it violated certain Charter rights, such as section 7, which underpins current jurisprudence on encampments.

The Safer Municipalities Act, 2025 provides municipalities with new tools for addressing public safety challenges—but as with any tool, they must be used correctly. Municipalities should ensure their enforcement approaches reflect not only the letter of the law, but also a commitment to upholding Charter rights and community trust.

The path forward will require thoughtful application of the law—and sound legal advice. If your municipality needs support navigating the new framework or assessing local implications, feel free to reach out. We'd be glad to help.