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 | Entry: Trespass Law - Canada
originally posted by Mendori
[last edit 7/10/2009 8:06 PM by tryon - edited 3 times]
| AB - Alberta
Petty Trespass Act
Prohibition
2(1) Every person who
(a) without the permission of the owner or occupier of land enters on land when entry is prohibited under section 2.1, or
(b) does not leave land immediately after he or she is directed to do so by the owner or occupier of the land or a person authorized by the owner or occupier
is guilty of an offence.
(2) A person who is guilty of an offence under subsection (1), whether or not any damage is caused by the contravention, is liable
(a) for a first offence, to a fine not exceeding $2000, and
(b) for a 2nd or subsequent offence in relation to the same land, to a fine not exceeding $5000.
(3) It is a defence to a charge under subsection (2) for the accused to establish that the accused had a right or authority conferred by law to be on the land.
(4) There is a presumption that access for lawful purposes to the door of a building on land by a pathway apparently provided for the purpose of access is not a trespass.
RSA 2000 cP‑11 s2; 2003 c41 s2
Notice
2.1(1) Entry on land may be prohibited by notice to that effect, and entry is prohibited without any notice on land
(a) that is a lawn, garden or land that is under cultivation,
(b) that is surrounded by a fence, a natural boundary or a combination of a fence and a natural boundary, or
(c) that is enclosed in a manner that indicates the owner’s or occupier’s intention to keep persons off the land or to keep animals on the land.
(2) For the purposes of subsection (1), notice may be given
(a) orally,
(b) in writing, or
(c) by posters or signboards visibly displayed
(i) at all places where normal access is obtained to the land, and
(ii) at all fence corners or, if there is no fence, at each corner of the land.
Trespass to Premises Act
Trespass
2(1) No person shall trespass on premises with respect to which that person has had notice not to trespass.
(2) For the purposes of subsection (1), notice not to trespass may be given to a person
(a) orally or in writing by the owner or an authorized representative of the owner, or
(b) by signs visibly displayed
(i) at each of the entrances normally used by persons to enter the premises, and
(ii) in the case of premises referred to in section 1(c)(ii), at all fence corners or, if there is no fence, at each corner of the premises.
(3) For the purposes of subsection (1), a person is deemed to have had notice not to trespass when signs are displayed in accordance with subsection (2)(b).
1997 cT‑8.5 s2
Offences and penalties
3 A trespasser, whether or not any damage is caused by the trespass, is guilty of an offence and liable
(a) for a first offence, to a fine not exceeding $2000, and
(b) for a 2nd or subsequent offence in relation to the same premises, to a fine not exceeding $5000.
BC - British Columbia
Trespass Act
Trespass prohibited
4 (1) Subject to section 4.1, a person commits an offence if the person does any of the following:
(a) enters premises that are enclosed land;
(b) enters premises after the person has had notice from an occupier of the premises or an authorized person that the entry is prohibited;
(c) engages in activity on or in premises after the person has had notice from an occupier of the premises or an authorized person that the activity is prohibited.
(2) A person found on or in premises that are enclosed land is presumed not to have the consent of an occupier or an authorized person to be there.
(3) Subject to section 4.1, a person who has been directed, either orally or in writing, by an occupier of premises or an authorized person to
(a) leave the premises, or
(b) stop engaging in an activity on or in the premises,
commits an offence if the person
(c) does not leave the premises or stop the activity, as applicable, as soon as practicable after receiving the direction, or
(d) re-enters the premises or resumes the activity on or in the premises.
Defences to trespass
4.1 A person may not be convicted of an offence under section 4 in relation to premises if the person's action or inaction, as applicable to the offence, was with
(a) the consent of an occupier of the premises or an authorized person,
(b) other lawful authority, or
(c) colour of right.
Methods of giving or posting notice
5 (1) For the purposes of paragraph (c) of the definition of "enclosed land", signs must be posted so that, in daylight and under normal weather conditions, from the approach to each ordinary point of access to the enclosed land,
(a) a sign is clearly visible,
(b) if a sign contains writing, the writing is clearly legible, and
(c) if a sign uses graphic representation, the graphic representation is clearly visible.
(2) For the purposes of section 4 (1) (b) or (c), notice may be given
(a) orally or in writing, or
(b) by means of a sign posted at or near an ordinary point of access to the premises so that, in daylight and under normal weather conditions from the approach to the ordinary point of access, the sign satisfies the requirements of subsection (1) (a), (b) and (c) of this section.
(3) In a prosecution for an offence under section 4 (1) (a), (b) or (c), proof that a sign that complies with subsection (1) or (2) (b) of this section, as applicable, was posted at the ordinary point of access used by the defendant to enter the premises is sufficient for the purpose of establishing, as applicable, that
(a) the premises are enclosed land, or
(b) notice was given for the purpose of section 4 (1) (b) or (c).
(4) A sign, posted in accordance with subsection (2) (b), that names an activity and has an oblique line drawn through the name or that shows a graphic representation of an activity and has an oblique line drawn through the representation is sufficient for the purpose of giving notice that the activity is prohibited.
(5) A notice under this section may relate to all or a part of premises and different notices may be given or posted in relation to different parts of premises.
(6) A person, other than an occupier or authorized person, must not remove, alter or deface signs posted for the purpose of subsection (1) or (2) (b).
(7) A person who contravenes subsection (6) commits an offence.
MB - Manitoba
The Petty Trespasses Act
Trespassing offence
1(1) Subject to subsections (2), (3), (4) and (5), any person
(a) who unlawfully enters or in any way trespasses upon lands or premises that are the property of another and are wholly enclosed; or
(b) who enters or in any way trespasses upon lands or premises that are the property of another and are not wholly enclosed, after being requested by the owner, tenant or occupier not to do so, or who, having entered the lands or premises or committed the trespass, refuses to leave upon being requested by the owner, tenant or occupier to do so;
is guilty of an offence, whether or not any damage has been occasioned by the entry or trespass, and is liable on summary conviction to a fine of not more than $5,000.
NB - New Brunswick
Trespass Act
2(1)No person shall trespass on
(a)the premises of a shop, store, shopping mall or shopping plaza,
(b)the premises of a school, vocational school, university, college, trade school or other premises used for educational purposes, or
(c)the premises of a facility operated as a place of shelter from domestic violence,
with respect to which he has had notice from an authorized person not to trespass.
2(2)For the purposes of subsection (1), a person has notice not to trespass when he has been given notice by word of mouth or in writing to refrain from entering or from remaining on the premises and the notice shall be deemed to have been given by an authorized person under this Act until the contrary is proved.
NL - Newfoundland and Labrador
Petty Trespass Act
Trespass on land
2. (1) A person shall not trespass on land that comprises
(a) the premises of a shop, store, shopping mall or shopping plaza or the premises used in connection with the preceding for parking or other purposes;
(b) the premises of a factory, warehouse, storage area for vehicles, appliances or equipment or a supplier of services, and the premises used in connection with the preceding for parking or other purposes;
(c) the premises of a school, vocational school, college, institute, the Memorial University of Newfoundland, the Marine Institute, the various community colleges in the province or the premises used in connection with the preceding facilities for parking or other purposes; or
(d) the premises used for another industrial, commercial, business or educational purpose and the premises used in connection with the preceding for parking or other purposes,
with respect to which the person has had notice by word of mouth, or in writing or by posters or signboards, not to trespass.
(2) In subsection (1), a person has had notice not to trespass when posters or signboards are visibly displayed
(a) at places where normal access is obtained to the land; and
(b) at fence corners or, where there is no fence, at each corner of the land.
(3) A person who contravenes subsection (1), whether or not damage results, is guilty of an offence and liable on summary conviction to a fine of not less than $10 or more than $200.
NS - Nova Scotia
An Act to Protect Property
Entry or certain activity on premises
3 (1) Every person who, without legal justification, whether conferred by an enactment or otherwise, or without the permission of the occupier or a person authorized by the occupier, the proof of which rests upon the person asserting justification or permission,
(a) enters on premises that is a lawn, garden, orchard, vineyard, golf course or acreage managed for agricultural crops;
(b) enters on premises that is apparently a tree plantation area or a Christmas tree management area;
(ba) enters on premises that is apparently a railway line within the meaning of the Railways Act except to cross the railway line at a legally recognized crossing;
(c) enters on premises that is enclosed in a manner that indicates the occupiers intention to keep persons off the premises or to keep animals on the premises;
(d) dumps or deposits material of any kind or causes, suffers or permits material to be dumped or deposited on premises;
(e) enters on premises where entry is prohibited by notice; or
(f) engages in an activity which is prohibited on the premises by notice,
is guilty of an offence and on summary conviction is liable to a fine of not more than five hundred dollars.
(2) A notice under this Section may be given orally or in writing.
(3) Where the notice in writing is by means of a sign, the sign shall be posted so that it is clearly visible in daylight under normal conditions from the approach to each usual point of access to the premises to which it applies.
(4) A notice under this Section may be given in respect of any part of the premises of an occupier.
(5) Every person who, without legal justification, whether conferred by an enactment or otherwise, removes a sign or notice posted by an occupier is guilty of an offence and on summary conviction is liable to a fine of not more than five hundred dollars.
(6) Every person who, not being an occupier of the premises or acting for the occupier of the premises, posts a sign or notice restricting entry or prohibiting activity on premises is guilty of an offence and is liable on summary conviction to a fine of not more than five hundred dollars. R.S., c. 363, s. 3; 2001, c. 12, s. 47.
Remaining on premises after request to leave
4 Every person who, without legal justification, whether conferred by an enactment or otherwise, remains on premises after being directed to leave by the occupier of the premises or a person authorized by the occupier is guilty of an offence and is liable on summary conviction to a fine of not more than five hundred dollars. R.S., c. 363, s. 4.
NT - Northwest Territories are governed by the Criminal Code of Canada.
NU - Nunavut is governed by the Criminal Code of Canada.
ON - Ontario
Trespass to Property Act
Trespass an offence
2. (1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
is guilty of an offence and on conviction is liable to a fine of not more than $2,000. R.S.O. 1990, c. T.21, s. 2 (1).
Colour of right as a defence
(2) It is a defence to a charge under subsection (1) in respect of premises that is land that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of. R.S.O. 1990, c. T.21, s. 2 (2).
Prohibition of entry
3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).
Implied permission to use approach to door
(2)There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited. R.S.O. 1990, c. T.21, s. 3 (2).
Limited permission
4. (1) Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only. R.S.O. 1990, c. T.21, s. 4 (1).
Limited prohibition
(2) Where entry on premises is not prohibited under section 3 or by notice that one or more particular activities are permitted under subsection (1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited. R.S.O. 1990, c. T.21, s. 4 (2).
Method of giving notice
5. (1) A notice under this Act may be given,
(a) orally or in writing;
(b) by means of signs posted so that a sign is clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the premises to which it applies; or
(c) by means of the marking system set out in section 7. R.S.O. 1990, c. T.21, s. 5 (1).
PE - Prince Edward Island
Trespass to Property Act
2. (1) Every person who, without legal justification, whether conferred
or certain activity by an enactment or otherwise, or without the permission of the occupier on premises or a person authorized by the occupier, the proof of which rests upon the person asserting justification or permission,
(a) enters on premises that is a lawn, garden, orchard, commercial berry growing area, golf course or acreage managed for the production of agricultural crops;
(a.1) enters on premises that is forest land;
(b) enters on premises that is apparently a tree plantation area or a Christmas tree management area;
(c) enters on premises that is enclosed in a manner that indicates the occupier's intention to keep persons off the premises or to keep animals on the premises;
(d) dumps or deposits material of any kind or causes, suffers or permits material to be dumped or deposited on premises;
(e) enters on premises where entry is prohibited by notice; or
(f) engages in an activity which is prohibited on the premises by
notice,
is guilty of an offence and is liable on summary conviction to a fine of not less than $200 and not more than $2,000.
(2) A notice under this section may be given orally or in writing.
Form of notice
(3) Where the notice in writing is by means of a sign, the sign shall be posted so that it is clearly visible in daylight under normal conditions from the approach to each usual point of access to the premises to which it applies.
(4) A notice under this section may be given in respect of any part of the premises of an occupier.
QC - No data for Québec
Québec is the only province -as of july 1, 2009 when Saskatchewan passed their new bill- with no law on trespassing in its civil code. There is however a criminal law (federal) known as "Breaking and entering" in Canada, but to be applied the intent to commit an indictable offense must be proved.
SK - Incomplete data for Saskatchewan
The Trespass to Property Act (in effect since july 1, 2009 )
Under the Act, police can issue a ticket for a fine of up to $2,000 to anyone who refuses to leave private or commercial property or who ignores posted "no trespassing" signs.
more info: http://www.legasse...s/pdfs/bill-43.pdf
YT - Yukon is governed by the Criminal Code of Canada. | | Modify this entry | Remove this entry |
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