Bill 10: More responsibilities— and more power—for landlords
By David Gargaro
If you’re an Ontario landlord, you’ve heard about Bill 10. Rental property owners, managers, directors, and officers can be held legally responsible for failing to prevent illegal drug-related activities from happening in their buildings. However, when used correctly, landlords can turn Bill 10 to their advantage.
Understanding the legislation On May 1, 2025, the Ontario Attorney General introduced Bill 10, the Protect Ontario Through Safer Streets and Stronger Communities Act, 2025. Schedule 8 of the Bill enacts the Measures Respecting Premises with Illegal Drug Activity Act, 2025 (the Act), which directly affects “landlords” (as they are referred to in the Bill). Its purpose is to help the provincial government prevent drug-related crime and strengthen public safety measures. The Act expands the role of landlords of residential and commercial properties in monitoring and controlling tenants’ criminal activities. The Act includes two main prohibitions: •
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Section 2 prohibits landlords from knowingly permitting illegal activity and misuse of the premises. Landlords must take “reasonable measures” to prevent tenants from engaging in a “prescribed offence” (e.g., producing or trafficking illicit drugs). Section 3 prohibits landlords from knowingly possessing proceeds from a prescribed offence.
The Act provides law enforcement officers with broad powers to address prescribed offences. They include removing individuals from the premises, closing commercial properties, seizing items linked to criminal activity, restricting access to certain locations, arresting individuals without a warrant under specific circumstances, and imposing penalties for obstructing law enforcement officers in performing duties under the Act.
The legislation negatively affects landlords What constitutes “reasonable measures”? Most rental agreements require tenants to comply with
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the law and not engage in conduct that adversely affects residents’ enjoyment of the property and the landlord’s lawful rights and interest. Taking reasonable measures could mean conducting more property inspections, installing additional security cameras, and strictly enforcing leasing regulations. However, doing so might infringe on tenants’ rights as set out under the Residential Tenancies Act (RTA). Failure to take reasonable measures to prevent illegal activities from occurring on their properties could lead to financial penalties, ranging from $10,000 to $250,000. Repeat offences could mean daily penalties. Landlords may also be held responsible for remediation expenses (e.g., investigation and drug contamination cleanup costs). Taking reasonable measures may increase the risk of losing rental income and additional costs. Directors of for-profit and non-profit corporations are equally liable under the Act. However, nonprofit directors are not paid the same (or at all) as for-profit counterparts. They also face greater risks, as they often house high-needs populations who may suffer from addiction and have a greater propensity to engage in illegal activities. If they install more expensive security measures, non-profits may be forced to increase rents or reduce service levels, which would negatively impact tenants and reduce the availability of affordable housing.
Landlords can turn the Act in their favour Landlords can take advantage of ambiguities within the Act. There are no clear definitions of “reasonable measures.” There is also no clear explanation of the statement “No person shall knowingly permit a premises of which the person is a landlord to be used in relation to a prescribed