Marijuana Grow Operation Protocol Agreement Between Police Services and Municipalities

Notification of Marijuana Grow Operation Protocol

Agreement Between Police Services and Municipalities


Read the legislative requirements related to the Protocol.


Statement of principle

Marijuana grow operations (MGOs) pose a serious threat to the safety and security of municipalities throughout Ontario. The detection, investigation, dismantling, and return of premises to legitimate use is a complex undertaking requiring the cooperation of police and municipal officials. A coordinated approach to this problem will help ensure that the entire process is conducted in a safe and effective manner. The safety of the personnel involved in the process and that of the public is of paramount importance.

Purpose

The purpose of this protocol is to assist the police service and municipality to provide an effective and coordinated response when dealing with premises that have operated as a marijuana grow operation. This response will help to ensure that, once police identify a property as a marijuana grow operation, necessary steps are taken to have the building made safe for the public.

For the purposes of this protocol, municipality means a single-tier municipal government or an upper-tier and one or more lower-tier municipal governments.

Protocol

Responsibilities of the Police Service

When an illicit marijuana growing operation has been discovered to be operating in a premise, building or structure on property within the jurisdiction of the municipality, the police service shall ensure:

  1. An investigation is conducted into the illicit marijuana grow operation in accordance with the adequacy requirements in police operations as they pertain to drug investigations, the police service’s Criminal Investigation Management Plan, if appropriate, and the police service’s policies and procedures.
  2. A notice is placed, consistent with Appendix ll, on the principal entrance to the premises.
  3. The clerk of the municipality is notified, in writing by fax or by email, consistent with the On-Site Report (Appendix I), upon the completion of the on-site phase of the police investigation.
  4. Appropriate agencies/personnel necessary to the police investigation at the premises are contacted, this may include:
  1. Hydro suppliers
  2. Fire services
  3. Children’s Aid Society
  4. Immigration
  1. A site is deemed suitable for inspection by persons other than police when:
  1. The police investigation of the site premises and removal of marijuana plants is complete
  2. All hazards of which police are aware of, have been contained, dismantled and/or are listed on the Site Report and sent to the municipality, and
  3. The notice has been affixed to the principle entrance of the premises indicating that a marijuana grow operation was dismantled and the premises may not be suitable for habitation/use until inspected by the municipality.

Responsibilities of the Municipality

When an illicit marijuana grow operation has been discovered to be operating in a premise, building or structure on property within the jurisdiction of the municipality, the municipality shall ensure:

  1. The name of the registered owner of the property as contained in the records of the municipality is forwarded to the police.
  2. Appropriate inspection measures are taken by municipal authorities within a reasonable time, to identify and list all hazards resulting from the marijuana grow operation.
  3. Appropriate information received from the police is forwarded to the respective inspection agency/personnel.
  4. Current contact information for the clerk of the municipality is provided to the police.
  5. Subsequent investigations are conducted as required by legislation.
  6. Police contact identified on the form is contacted to acknowledge receipt of police notification.
 

Contact Information

The clerk of the municipality:

Name:

Phone:

Fax/Email:

Police Service:

Name:

Phone:

Fax/Email:

This protocol has been agreed to

Dated at______________, this ___________ day of ______________, 20xx.

_____________________________

Police Service

(name)

(address)

Dated at ______________, this ___________ day of ______________, 20xx.

_____________________________

Municipality

(name)

(address)


 

Appendix 1

Police Notification of Illicit Marijuana Grow Operation

Please be advised that the _______________Police Service has investigated and dismantled an Illicit Marijuana Grow Operation at the under-mentioned location.

DATE:
TIME:
POLICE OCCURRENCE:

Contact Information

Contact Person:
Police Service:
Address/Phone and Fax Number/Email Address:

Municipality/County:
Officer in Charge & Badge Number:
Address/Phone Number/Email Address:

Site details

Lot No./ Street:
Town/Village:
Postal Code:

Urban – Yes/No
Rural – Yes/No
Industrial – Yes/No

PLEASE PROVIDE THE FOLLOWING ADDITIONAL INFORMATION IF AVAILABLE:

Registered Owner:
Mortgagee:
Length of Ownership/ Own/Lease/Rent:
Realtor/Property Management:
Insurer:
Name on Rental/Lease Agreement:

COMMENTS / HAZARDS IDENTIFIED*

Hazard:
Location:
Comments:

Structural alteration/damage:

Chemicals or fuels

Mould/Water Damage:

Electrical Wiring/Fire Damage:

Other:

*Disclaimer: Police Services are not experts at identifying all hazards. This list is not exhaustive and hazards not identified here may exist.


 

Appendix 2

Affix Police

Service Crest

Here

Notice

Occurrence # :____________

Date: ____________

These premises ___________________

were investigated by the _________________Police Service and found to contain an illegal Marijuana Grow Operation. As a result, the premises may contain numerous hazards and may not be fit for occupancy. The municipality of ______________ has been notified.


Legislative Requirements

The Municipal Act, 2001 is amended by adding the following sections:

Inspection of buildings containing marijuana grow operations

447.2 (1) If the clerk of a local municipality is notified in writing by a police force that a building located on land in the local municipality contained a marijuana grow operation, the local municipality shall ensure that an inspection of the building is conducted within a reasonable time after the clerk has been notified.

Persons who may conduct inspection

447.2 (2) An inspection referred to in subsection (1) may be conducted by,

(a) a by-law enforcement officer of any municipality or of any local board of any municipality; or

(b) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act.

Nature of inspection

447.2 (3) The requirement in subsection (1) for an inspection is for an inspection that includes entering upon the land and into the building.

Powers to conduct inspection

447.2 (4) The inspection shall be conducted pursuant to the powers of entry and inspection that the person conducting the inspection otherwise has under law, but only to the extent that the person conducting the inspection is able to do so.

Action to be taken

447.2 (5) Upon conclusion of the inspection, the person who conducted the inspection shall take whatever actions he or she is authorized by law to take in order to make the building safe and otherwise protect the public.

Definition

447.2 (6) In this section, "police force" means a municipal police force, the Ontario Provincial Police or the Royal Canadian Mounted Police.

Where marijuana grow operation is in a lower-tier municipality

431.2 (1) If the clerk of a local municipality that is a lower-tier municipality is notified under subsection 447.2 (1) that a building located on land in the lower-tier municipality contained a marijuana grow operation, the lower-tier municipality shall, if in its opinion it is appropriate to do so, forward a copy of the notice referred to in subsection 447.2 (1) to the clerk of the upper-tier municipality of which the lower-tier municipality forms a part.

Same

431.2 (2) Upon the clerk of the upper-tier municipality being notified under subsection (1), the obligation under subsection 447.2 (1) to ensure that an inspection of the building is conducted becomes the obligation of both the lower-tier municipality and the upper-tier municipality.