Overview
The Trespass to Property Act, R.S.O. 1990, c. T.21, sets out definitions, offences, penalties, and processes regarding unauthorized entry, activities, and actions on premises in Ontario. The Act includes provisions for notice, arrest, fines, and damage awards related to trespassing.
Key Definitions
- "Occupier" includes anyone in possession or control of premises or activities thereon, even if multiple occupiers exist.
- "Premises" covers land, structures, water, ships, vehicles, trailers, trains, and aircraft (unless in operation).
- School boards act as occupiers for their sites under the Education Act.
Offences and Penalties
- Entering or engaging in prohibited activities without permission is an offence, punishable by a fine up to $10,000.
- Failure to leave when asked by the occupier or their representative is also an offence.
- "Colour of right" (reasonable belief in having title or interest in the land) is a defence to the charge.
- Aggravating factors for higher penalties include ignoring notice for more than 24 hours and the likelihood of future contraventions.
Prohibition of Entry and Notices
- Entry is prohibited by notice or automatically on cultivated, planted, or enclosed lands.
- Lawful access to a building's door is presumed unless otherwise indicated.
- Notices may allow or prohibit specific activities, affecting the legality of other activities or entry.
Methods of Giving Notice
- Notices can be oral, written, visual (signs), or through a marking system.
- Substantial compliance is sufficient.
- Red markings signify entry is prohibited; yellow markings permit certain activities.
- Signs may show permitted or prohibited activities with graphics and oblique lines.
Rights and Powers of Arrest
- Police, occupiers, or their representatives may arrest trespassers without a warrant on premises if there is reasonable belief of contravention.
- Non-police must call police and transfer custody after arrest.
- Police may arrest off premises after a fresh departure if the person refuses, or seems to falsify, their identity.
Liability for Motor Vehicles
- Drivers and, in some cases, vehicle owners are liable for trespass offences involving motor vehicles or snow vehicles.
Damages and Costs
- Courts may order trespassers to pay damages and prosecution costs in addition to fines.
- Damage awards extinguish the right to further civil action for the same facts unless not granted by the court.
- Judgments can be enforced through Small Claims Court.
Decisions
- Aggravating factors must be considered in determining penalties for trespassing.
- Court shall award damages to injured parties upon request and with their consent.
- Court shall award prosecution costs to private prosecutors unless deemed unnecessary for protection.
Action Items
- 05/06/2025 – Courts/Enforcement: Apply new amendments regarding aggravating factors, police arrests, and updated definitions.
- TBD – Occupiers: Ensure proper notice is given to prohibit entry or specific activities as required.
Sure! Here's a simple explanation of the Trespass to Property Act in Ontario:
What is the Trespass to Property Act?
It’s a law that says who can be on someone’s property (like land or buildings) and what happens if someone goes there without permission.
Important Words
- Occupier: The person who controls or looks after a place.
- Premises: Any land, building, water, vehicles, or trailers.
- School boards: They act like occupiers for school properties.
What is Trespassing?
- If you go onto someone’s property without their permission, or do something there that’s not allowed, that’s trespassing.
- If the owner or person in charge tells you to leave and you don’t, that’s also trespassing.
- You can be fined up to $10,000 for trespassing.
When is it okay to be there?
- If you have permission from the occupier.
- If you honestly believe you have the right to be there (called "colour of right").
How do people know if they can’t enter?
- There might be signs or markings (like red or yellow marks) telling you not to enter or what you can do.
- Some places, like farms or gardens, automatically don’t allow entry.
- You can usually go up to the front door of a building for normal reasons unless told otherwise.
What happens if someone trespasses?
- The occupier or police can arrest the person without a warrant if they believe the person is trespassing.
- If someone is arrested by a non-police person, they must call the police quickly.
- Police can also arrest someone off the property if they just left and refuse to give their real name.
What about cars or snowmobiles?
- If someone trespasses using a vehicle or snowmobile, both the driver and sometimes the owner can be fined.
Can the trespasser be made to pay for damage?
- Yes, if the trespasser causes damage, the court can order them to pay for it.
- If someone privately prosecutes a trespasser and wins, the court can make the trespasser pay the costs of the prosecution.
- These payments are in addition to any fines.
Summary
- Don’t go on private property without permission.
- Look for signs or markings that say if entry is allowed or not.
- If told to leave, leave immediately.
- Trespassing can lead to fines, arrest, and paying for damages.
If you want, I can help explain any part in even simpler terms or answer specific questions!