PROV LAW - Trespass to Property Act Flashcards
“premises” means?
● Lands and structures, or either of them, and includes, (i) water, (ii)ships and vessels,(iii) trailers and portable structures designed or used for residence, business or shelter, (iv) trains, railway cars, vehicles and aircraft, except while in operation.
“occupier” includes?
(i) a person who is in physical possession of premises, or
(ii)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.
What rights and duties do School boards have?
A school board has all the rights and duties of an occupier in respect of its school sites as defined in the Education Act
Trespass an offence
(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 (reverse onus), (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
Colour of right as a defence
(2) It is a defence to a charge under subsection (1) in respect of premises that is land that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of.
Prohibition of entry
(1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a)that is 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 occupier’s intention to keep persons off the premises or to keep animals on the premises.
Implied permission to use approach to doo
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.
Limited permission
Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only
Limited prohibition
Where entry on premises is not prohibited under section 3 or by notice that one or more particular activities are permitted under subsection (1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited
Method of giving notice
(1) A notice under this Act may be given,
(a) orally or in writing;
(b) by means of signs posted so that a sign is clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the premises to which it applies; or
(c) by means of the marking system set out in section 7
Substantial compliance
Substantial compliance with clause (1)(b) or (c) is sufficient notice
Form of sign
A sign naming an activity or showing a graphic representation of an activity is sufficient for the purpose of giving notice that the activity is permitted
Red markings
Red markings made and posted in accordance with subsections (3) and (4) are sufficient for the purpose of giving notice that entry on the premises is prohibited
Yellow markings
Yellow markings made and posted in accordance with subsections (3) and (4) are sufficient for the purpose of giving notice that entry is prohibited except for the purpose of certain activities and shall be deemed to be notice of the activities permitted
Size of markings
A marking under this section shall be of such a size that a circle ten centimeters in diameter can be contained wholly within it