The Ontario Real Estate Association's Government Relations Department is reporting that the Ministry of Community Safety and Correctional Services is backing away from establishing a province-wide grow-op registry due to liability and privacy concerns.  Instead, the Ministry is looking at the possibility of registering work orders on title, which I'd argue (1) does not eliminate the liability and privacy concerns -- moreover, impossible in any scenario -- and (2) is cumbersome and costly for users for the little added information that it provides.  (Requesting a copy of the parcel register off GeoWarehouse is $28 for the first page and $3 per additional page.)

But let's take a step back.  Do we even need a central registry?

The legislation changes introduced by the Law Enforcement and Forfeited Property Management Statute Law Amendment Act already requires municipalities to inspect grow-ops reported by police and order repairs.  And the Agreement of Purchase and Sale includes, within clause 10 (Title), the opportunity to file an objection to any outstanding work order by the requisition date.

It would make much more sense to make compliance reports the norm (similar to obtaining status certificates on condos).  For example, one can purchase a property compliance report from the City of Mississauga ($100 for the initial report, $30 for subsequent updates).  And as one can see from these reports, they show a lot more than just outstanding work orders:

  • Roll Number
  • Legal Description
  • Subdivision Assumption Date (where available)
  • Outstanding Violations and Works Order (Building, Plumbing, HVAC, Sign, Fire, and Bylaw - Property Standards)
  • Outstanding By-law Enforcement Complaints
  • In Force Zoning Designation
  • Zoning Attachments - excerpts from the Zoning By-law (general provisions)
  • Committee of Adjustment (variances and consents) - includes attachments of the decisions
  • Property Heritage Status - specifies if the property is currently Designated under by-law
  • Outstanding Building Permit Applications
  • Outstanding Inspections on Issued Permits
  • Fire Prevention Inspections - displays last date of Fire Prevention Inspection

But once again privacy issues intervene.  According to the City of Mississauga's by law enforcement division, their compliance report does not show work orders for the remediation of a grow op.

It also appears that Bill 18 (Grow Ops Disclosure Act) -- a private member's bill which requires (among other things) municipal police and the OPP to publish lists of busted grow op locations -- may not receive second reading.

How do you protect yourself?  Get written disclosures, inspect, and test!

 

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Anthon Pang, Broker, e-PRO, SRES

Mississauga, ON

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Right At Home Realty Inc., Brokerage

Address: 7045 Edwards Blvd., Ste. 201, Mississauga, ON, L5S 1X2

Office Phone: (905) 565-9200

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