Trespass to Property Act of Ontario (2 of 2)

Trespass to Property Act of Ontario

Under the Trespass to Property Act, a person commits an offence if he/she:

(a) enters a premises after the person has had notice from an occupier of the premises or an authorized person that the entry is prohibited

(b) has been directed, either verbally or in writing, by an occupier of premises or an authorized person to leave the premises, or stop engaging in an activity on or at the premises

(c) does not leave the premises or stop the activity, as applicable, as soon as possible after receiving instructions to do so

(d) re-enters the premises or resumes the activity on or at the premises

Trespass to Property Act

Trespass Offence

2. 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 $2,000. R.S.O. 1990, c. T.21, s. 2 (1).

Prohibition of entry

3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupiers intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).

 

Implied permission to use approach to door

(2) There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited. R.S.O. 1990, c. T.21, s. 3 (2).