Taking Action Bill 106:  Safer Communities and Neighbourhoods Act (SCAN)

Briefing Note:  October 21, 2010

At the Provincial Executive Directors’ Meeting in June 2010, a motion was passed asking that work be done to challenge Bill 106 by both AOHC and the sector.  In response to that motion, two documents have been prepared.  The first is a briefing note on Bill 106, what it is, why many in our sector consider it to be a problem and what needs and what we can do to stop it from becoming legislation in this province.

What is it?

• Bill 106 is a private member’s bill tabled by Ottawa MPP, Yasir Naqvi.

• It focusses on behaviour related to drug or alcohol use, production or sale, as well as prostitution.

• It would circumvent the landlord and tenant board process to evict tenants. 

• It could lead to the boarding-up of entire rental buildings; it could force homeowners from their homes for up to 90 days.

What is its current status?

• It has passed second reading and, after some minor amendments at the Committee stage, it is awaiting a third reading vote after which it would become law.

• While many private members bills do not become law, this bill was introduced by the President of the Ontario Liberal Party, and has significant support from Liberal members.  It is very possible that this would pass a third reading vote if one was scheduled. Similar laws have been passed in Newfoundland and Labrador, Nova Scotia, Manitoba, Saskatchewan, Alberta and Yukon. 

What is the problem?

• It would enable municipalities to appoint a Director of Safer Communities and Neighbourhoods that will accept anonymous allegations of unsafe or illegal activities occurring on or near specific properties.  The SCAN Director has sweeping powers to conduct surveillance of accused tenants and homeowners.  The Director can then apply to Superior Court to evict the tenant or close the property for up to 90 days through a ‘Community Safety Order’.  Both tenants and homeowners can be made homeless.

• The legislation provides a tool for NIMBYism (Not In My BackYard): people can be evicted for using (not just selling or producing) drugs or alcohol.  It runs counter to a harm reduction approach to addictions and a housing-first model and may undermine efforts by Community Health Centres and other harm-reduction and housing organizations.

• It also undermines the health and safety of affected individuals and their communities by putting vulnerable people on the streets. This will significantly increase social and fiscal costs when evictees require expensive interventions such as family services, emergency shelters, jails and hospitals.

• It violates the rights of tenants to a fair, open process.  According to the Kingston Legal Clinic, ‘The government already made certain changes to the eviction process under the Residential Tenancy Act to protect landlords. Now, it is possible to evict a tenant who is dealing drugs in as few as ten days. A landlord who thinks a tenant is taking part in illegal activities or is otherwise making the complex unsafe can give that particular tenant a ‘notice of termination’ requesting that the tenant leave within ten days. After giving this notice to the tenant, the landlord can apply for an expedited hearing. This process is actually faster than the procedure proposed in Bill 106.’  Bill 106 disregards the rights of tenants to answer fully allegations made against them.  Tenants will be given notice of the process, but do not have the same rights as homeowners who are the subject of SCAN investigations.  Evictions under SCAN will proceed to Superior Court, which is expensive, formal and difficult to navigate without a lawyer.

• There are other legal instruments available to municipalities, courts and police to deal with the problems SCAN purports to address: The Residential Tenancies Act, 2006 already provides for speedy evictions of tenants who commit or allow criminal activity.  The Civil Remedies Act, 2001 allows for the seizure and sale of property related to criminal activities.  The Criminal Code gives police the powers needed to deal with illegal behaviours. 

• There are no guarantees that SCAN will do much more than move the offending activities from one community to another. 

What can AOHC members do to stop it?

• Write a letter to Premier McGuinty and Deb Matthews - Minister of Health, encouraging them to oppose setting Bill 106 for a third reading vote.  Bill 106 (SCAN) runs counter to the Liberal government commitment to a harm reduction approach to addictions. 

• Write your local MPP and tell them to vote NO to Bill 106 if it is scheduled for a third reading vote.