PROV LAW - Trespass to Property Act

Question 1

“premises” means?

Answer 1

● Lands and structures, or either of them, and includes, (i) water, (ii)ships and vessels,(iii) trailers and portable structures designed or used for residence, business or shelter, (iv) trains, railway cars, vehicles and aircraft, except while in operation.

Question 2

“occupier” includes?

Answer 2

(i) a person who is in physical possession of premises, or
(ii)a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises.

Question 3

What rights and duties do School boards have?

Answer 3

A school board has all the rights and duties of an occupier in respect of its school sites as defined in the Education Act

Question 4

Trespass an offence

Answer 4

(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 (reverse onus), (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 $10,000

Question 5

Colour of right as a defence

Answer 5

(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.

Question 6

Prohibition of entry

Answer 6

(1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a)that is 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.

Question 7

Implied permission to use approach to doo

Answer 7

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.

Question 8

Limited permission

Answer 8

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

Question 9

Limited prohibition

Answer 9

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

Question 10

Method of giving notice

Answer 10

(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

Question 11

Substantial compliance

Answer 11

Substantial compliance with clause (1)(b) or (c) is sufficient notice

Question 12

Form of sign

Answer 12

A sign naming an activity or showing a graphic representation of an activity is sufficient for the purpose of giving notice that the activity is permitted

Question 13

Red markings

Answer 13

Red markings made and posted in accordance with subsections (3) and (4) are sufficient for the purpose of giving notice that entry on the premises is prohibited

Question 14

Yellow markings

Answer 14

Yellow markings made and posted in accordance with subsections (3) and (4) are sufficient for the purpose of giving notice that entry is prohibited except for the purpose of certain activities and shall be deemed to be notice of the activities permitted

Question 15

Size of markings

Answer 15

A marking under this section shall be of such a size that a circle ten centimeters in diameter can be contained wholly within it

Question 16

Posting of markings

Answer 16

Markings under this section shall be so placed that a marking is clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the premises to which it applies

Question 17

Notice applicable to part of premises

Answer 17

A notice or permission under this Act may be given in respect of any part of the premises of an occupier.

Question 18

Arrest without warrant on premises

Answer 18

A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2.

Question 19

Delivery to police office

Answer 19

Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer.

Question 20

Deemed Arrest

Answer 20

A police officer to whom the custody of a person is given under subsection (2) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to the person’s release or continued detention and bail

Question 21

Arrest without warrant off premises

Answer 21

Where a police officer believes on reasonable and probable grounds that a person has beenin contravention of section 2, and has made fresh departure from the premises, and the person refuses to give his or her name and address, or there are reasonable and probable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant.

Question 22

Motor vehicles

Answer 22

Where an offence under this Act is committed by means of a motor vehicle, as defined inthe Highway Traffic Act, or by means of a motorized snow vehicle, as defined in the Motorized Snow Vehicles Act, the driver of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act and, where the driver is not the owner, the owner of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act unless the driver is convicted of the offence or, at the time the offence was committed, the motor vehicle or motorized snow vehicle was in the possession of a person other than the owner without the owner’s consent.