08/06/2026
https://www.hivlegalnetwork.ca/site/know-your-rights-ontarios-safer-municipalities-act/?lang=en
Unhoused people and people who use drugs have rights like all other people in Canada. However, Ontario’s Safer Municipalities Act, 2025 (SMA) introduced new rules that give law enforcement, including some provincial offences officers, more powers to police drug use in public spaces. There are two parts to this law. Schedule 1 covers the public consumption of illegal substances and creates a new provincial law called the Restricting Public Consumption of Illegal Substances Act. Schedule 2 punishes trespassing.
This guide provides information about the SMA, including information on what the law says, the powers that police have under this law, and what options you have if you are stopped or charged. This pamphlet provides legal information, not legal advice. For advice about your specific situation, speak to a lawyer. A list of legal service providers is provided at the end of this resource.
