PROV LAW: TPA

Question 1

Definition of

Premises

Answer 1

• Lands and Structures
  
  • includes
    
    • Water
    • Ships / Vessels
    • Trailer / Portable Structures
    • Trains / Rail cars / Vehicles / Aircraft (except while in operation)

Question 2

3 forms of notice

Answer 2

1. Orally or in writing
2. By signs (clearly visible in daylight at each point of entry)
3. by marking system

Question 3

No noticed required

Answer 3

1. Garden
2. Field / Land under cultivation
   
   • Lawn, orchard, vineyard, tree lot less than 2m, woodlots on agricultural land (If it grows, don’t go)
3. Enclosed / Fenced

Question 4

Implied permission

S. 3 (2) TPA

Answer 4

1. Access for lawful purpose
2. To door of building
3. By means apparently provided - pathway to door

Question 5

Charges Under TPA

S. 2(1) TPA

Answer 5

1. S. 2 (1) (a) (i) = Enter premises when entry prohibited
2. S. 2 (1) (a) (ii) = Engaging in prohibited activity
3. S. 2 (1) (b) = Fail to leave when directed

Question 6

Arrest Authorities #1

S. 9(1) “On Premesis”

(3 Part Test)

Answer 6

1. Police, Occupier or Authorized Agent (POA)
   
   • AND
2. may arrest on R&PG
   
   • AND
3. breach of Sec. 2
   
   • Enter, engage or refuse

Question 7

Arrest Authorities #2

S. 10 “Off Premesis”

(4 Part Test)

Answer 7

1. Police Officer
   
   • AND
2. On R&PG person has been in contravention of TPA
   
   • AND
3. Made fresh departure
   
   • AND
4. Refuses to give name and address or R&PG that is false