Trespass Act - Nova Scotia

Protection of Property Act

What is a trespass in Nova Scotia ?

Entry or certain activity on premises

Every person who, without legal justification, whether conferred by an enactment or otherwise, or without the permission of the occupier or a person authorized by the occupier, the proof of which rests upon the person asserting justification or permission,

(a) enters on premises that is a lawn, garden, orchard, vineyard, golf course or acreage managed for agricultural crops;

(b) enters on premises that is apparently a tree plantation area or a Christmas tree management area;

(ba) enters on premises that is apparently a railway line within the meaning of the Railways Act except to cross the railway line at a legally recognized crossing;

(c) enters on premises that is enclosed in a manner that indicates the occupiers intention to keep persons off the premises or to keep animals on the premises;

(d) dumps or deposits material of any kind or causes, suffers or permits material to be dumped or deposited on premises;

(e) enters on premises where entry is prohibited by notice; or

(f) engages in an activity which is prohibited on the premises by notice,

is guilty of an offence and on summary conviction is liable to a fine of not more than five hundred dollars.

Who can arrest ? Only a police officer can arrest for trespass in Nova Scotia. Unlike other provinces, Security guards and citizens are not provided with an arrest authority under the trespass act.

A police officer may arrest a person for an offence under this Act and detain that person in custody after the arrest if on reasonable and probable grounds he believes that the arrest and detention is necessary to

(a) prevent the continuation or repetition of the offence; or

(b) establish the identity of the person.

Notwithstanding the power of arrest conferred by subsection (1), a police officer shall not arrest a person for an offence under this Act committed in a shopping centre having four or more stores unless the person persists in committing the offence after being told to leave the premises and being warned by the occupier or police officer that he may be arrested for the offence if he remains or returns

To review the trespass act, click here: https://nslegislature.ca/sites/default/files/legc/statutes/protect.htm