Trespass Act - New Brunswick

What is an arrest in New Brunswick ?

No person shall trespass on the following premises, with respect to which the person has had notice from an authorized person not to trespass:

(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.

Who can arrest ?

An owner or occupier of premises or of forest land or any land may require any person the owner or occupier believes on reasonable grounds to have committed an offence under this Act to identify himself or herself.

If a person required under this section to identify himself or herself fails or refuses to do so, or if there are reasonable grounds to believe that the identification given is false, the owner or occupier may arrest the person without warrant to establish his or her identity for purposes of a prosecution under this Act. The person who makes the arrest under this section shall, as soon as practicable, deliver the person arrested to a peace officer, and the peace officer to whom the person arrested is delivered shall be deemed to have arrested the person and shall proceed in accordance with the Provincial Offences Procedure Act.

If the identity of the person apprehended under this section is established before the person is delivered to a peace officer, the person shall be released.

To view the trespass act, click the following link: https://laws.gnb.ca/en/showfulldoc/cs/2012-c.117/20150217