Residential agency act Flashcards
Roles of police in R.T. Act
keep the peace remain objective avoid legal advice make sure parties/property are safe ask for documents provide referrals (police evidence may be required in tribunal court)
PREMISES
lands, structure, includes water, shop/vessels, trailers
trains,cars,airplane, vehicles except while in operation
OCCUPIER
- physical possession of premises
- responsibility for control over premises/activities
- school board anyone employed by the board
3 ways to give notice under TPA
Orally
Writing
By signs (have to be clearly visible in daylight and at each entrance)
Signs/prohibited (TPA)
naming activity
naming activity with oblique line
graphic representation
graphic rep with oblique sign
Marking signs (TPA)
red circle
min 10cm in diameter (entry prohib)
yellow circle
min 10cm in diameter (entry prohib except for certain activities)
No notice required for (TPA)
gardens
enclosed fence
field under cultivation (lawn, vineyard)
if it grows - don’t go
Implied permission (TPA)
presumption
access for lawful purpose
to door of building
by means apparently provided
3 offences TPA
- enter premises when entry prohib
- engage in prohib activity while on premises
- Fail to leave when directed
Onus for TPA
reverse Onus
Colour of right
motor vehicle
Arrest on premises
-Police
-occupier
-person authorized
may arrest RPG trespasser
Arrest OFF premises
Police
- RPG person has been in contravention (made fresh departure)
- person refuses to identify
- false identity
Use of Force (TPA)
Section 146 POA
Does NOT authorize use of force
provides justification