Trespass Act - Ontario

Trespass To Property Act – Ontario.

The following is what constitutes as an offense under the Trespass To Property Act.

What Is A Trespass offence

Section 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 $10,000

In summery, the three main actions that constitute as a trespass are:

• Entry where entry is prohibited. “Do not enter sign”
• Engage in prohibited activity. “Smoking or Skateboarding where its marked as prohibited”
• Failure to leave when directed to do so. “Telling an individual to leave the store but they refuse to leave”

Who Can Arrest For Trespassing

Section 9 (1) 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. 

Who Is An Occupier ?

According to the Trespass To Property Act, an “occupier” is,

(a) a person who is in physical possession of premises, or

(b) 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,

even if there is more than one occupier of the same premises; (“occupant”)

“premises” means lands and structures, or either of them, and includes,

(a) water,

(b) ships and vessels,

(c) trailers and portable structures designed or used for residence, business or shelter,

(d) trains, railway cars, vehicles and aircraft, except while in operation

Note: A security guard, store manager, staff are all occupiers of a store or location they are working in.

Delivery to police officer

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. 

Deemed arrest

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 his or her release or continued detention and bail. 

The following was a basic summary of the Trespass to property act in Ontario. For detailed research of the act, click the following link: Trespass to Property Act, R.S.O. 1990, c. T.21