Trespass Act - British Columbia
What is a trespass in BC ?
A person who does any of the following commits an offence:
(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 to be on or in the premises without the consent of an occupier of the premises or an authorized person.
(3)Subject to section 3, a person who has been directed, either orally or in writing, by an occupier of premises or an authorized person to
(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, as applicable.
Who can arrest under this act ?
7 (1)In this section, “peace officer” means
(a)a peace officer, as described in paragraph (c) of the definition of “peace officer” in section 29 of the Interpretation Act, or
(b)a conservation officer, as defined in section 1 (1) of the Environmental Management Act.
(2)A peace officer may arrest without warrant a person found on or in premises if the peace officer believes on reasonable and probable grounds that the person is committing an offence under section 2 [trespass prohibited] in relation to the premises.
(3)If a peace officer believes on reasonable and probable grounds that a person has committed an offence under section 2 and has recently departed from the premises, the peace officer may arrest the person without warrant if
(a)the person refuses to give the person’s name and address to the peace officer on demand, or
(b)the peace officer believes on reasonable and probable grounds that the name or address given by the person to the peace officer is false.
Who is defined as a peace officer under the Act ?
“peace officer” includes
(a)a mayor, sheriff and sheriff’s officer,
(b)a warden, correctional officer, and any other officer or permanent employee of a penitentiary, prison, correctional centre or youth custody centre, and
(c)a police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace;
For a detailed review of the Trespass Act, click the following link: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/18003
