Trespass To Property Act

TRESPASS TO PROPERTY ACT

PLEASE NOTE

This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act,

current to May 13, 2021. It is intended for information and reference purposes only.

This document is not the official version of the Act. The Act and the amendments as printed under the

authority of the King’s Printer for the province should be consulted to determine the authoritative

statement of the law.

For more information concerning the history of this Act, please see the Table of Public Acts on the

Prince Edward Island Government web site (www.princeedwardisland.ca).

If you find any errors or omissions in this consolidation, please contact:

Legislative Counsel Office

Tel: (902) 368-4292

Email: legislatio[email protected]

Trespass To Property Act

Table of Contents

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TRESPASS TO PROPERTY ACT

Table of Contents

Section Page

1. Definitions................................................................................................................................................ 5

2. Prohibition of entry or certain activity on premises ................................................................................. 5

3. Offence to remain after request to leave .................................................................................................. 6

4. Defences ................................................................................................................................................... 6

5. Arrest and detention ................................................................................................................................. 7

6. Activity disturbing occupier ..................................................................................................................... 7

7. Duty to identify person in charge of vehicle ............................................................................................ 7

8. Right to seize and detain vehicle .............................................................................................................. 8

9. Order prohibiting entry by convicted person ........................................................................................... 8

10. Restitution order ....................................................................................................................................... 8

11. No prosecution of person under twelve years .......................................................................................... 9

12. Civil remedy for trespass not restricted .................................................................................................... 9

13. No prosecution for recreational activity ................................................................................................... 9

Trespass To Property Act

Section 1

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TRESPASS TO PROPERTY ACT

CHAPTER T-6

1. Definitions

In this Act

(a) “forest land” means forest land as defined in the Forest Management Act R.S.P.E.I.

1988, Cap. F-14, but does not include

(i) an area which is a tree plantation area or a Christmas tree management area,

(ii) a commercial berry growing area;

(a.1) “motor vehicle” means a vehicle that is powered, drawn, propelled or driven by any

means other than muscular power, whether or not the vehicle is registered under the

Highway Traffic Act R.S.P.E.I. 1988, Cap. H-5, and includes motor boats and motor

vessels;

(b) “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

notwithstanding that there is more than one occupier of the same premises;

(i) a member of a police service as defined in the Police Act R.S.P.E.I. 1988,

Cap. P-11.1, and

(ii) a conservation officer appointed under the Wildlife Conservation Act

R.S.P.E.I. 1988, Cap. W-4.1;

(d) “premises” means lands and structures, or either of them, and includes trailers and

portable structures designed or used for residence, business or shelter. 1984, c.37, s.1;

2004,c.21,s.1; 2006,c.16,s.63(12); 2021,c.10,s.62.

2. Prohibition of entry or certain activity on premises

(1) 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, commercial berry growing area,

golf course or acreage managed for the production of agricultural crops;

(a.1) enters on premises that is forest land;

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

management area;

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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 is liable on summary conviction to a fine of not less than $500 and

not more than $2,000.

Form of notice

(2) A notice under this section may be given orally or in writing.

Placement of sign notice

(3) Where the notice in writing is by means of a sign, the sign shall be posted so that it is clearly

visible in daylight under normal conditions from the approach to each usual point of access to

the premises to which it applies.

Notice may be for part of premises

(4) A notice under this section may be given in respect of any part of the premises of an occupier.

Offence to remove sign

(5) Every person who, without legal justification, whether conferred by an enactment or

otherwise, removes a sign or notice posted by an occupier is guilty of an offence and is liable

on summary conviction to a fine of not less than $200 and not more than $2,000.

Offence and penalty for non-occupier to post sign

(6) Every person who, not being an occupier of the premises or acting for the occupier of the

premises, posts a sign or notice restricting entry or prohibiting activity on premises is guilty

of an offence and is liable on summary conviction to a fine of not less than $200 and not

more than $2,000. 1984,c.37,s.2; 2004,c.21,s.2; 2019,c.11,s.1.

3. Offence to remain after request to leave

Every person who, without legal justification, whether conferred by an enactment or

otherwise, remains on premises after being directed to leave by the occupier of the premises

or a person authorized by the occupier is guilty of an offence and is liable on summary

conviction to a fine of not less than $200 and not more than $2,000. 1984,c.37,s.3; 2004,c.21,s.3.

4. Defences

(1) It is a defence to a charge under section 2 or 3 that the person charged reasonably believed

that he had legal justification, or permission of the occupier or a person authorized by the

occupier, to enter on the premises or to do the act complained of.

Idem

(2) It is a defence to a charge of violating a written notice prohibiting entry on premises or

engaging in an activity on premises if the person is unable to see or understand the notice.

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5. Arrest and detention

(1) A police officer may arrest a person for an offence under the 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

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

(b) to establish the identity of the person.

Conditions for arrest in shopping centre

(2) 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. 1984, c.37, s.5.

6. Activity disturbing occupier

Every person who disturbs an occupier of premises by

(a) the unreasonable operation for recreational purposes of a motor vehicle on, or in the

vicinity of, the premises; or

(b) disorderly behaviour,

is guilty of an offence and is liable on summary conviction to a fine of not less than $200 and

not more than $2,000. 1984, c.37, s.6; 2004,c.21,s.4.

7. Duty to identify person in charge of vehicle

(1) When a motor vehicle is operated in violation of any of the provisions of this Act, the owner

of the vehicle on the request of any police officer shall, within forty-eight hours of the

request, supply the police officer with the name and address of the person in charge of the

vehicle at the time of such violation.

Duty to identify operator of vehicle

(2) Where under this section the owner of a motor vehicle, at the request of a police officer,

supplies the name of a person who had the motor vehicle with the consent of the owner, that

person on the request of any police officer shall, within forty-eight hours of the request,

supply the police officer with the name and address of the person operating the vehicle at the

time of the violation.

Failure to identify operator

(3) An owner or other person who is requested pursuant to this section to supply the name and

address of the person operating a vehicle and who refuses, fails, neglects or is unable to

supply the name and address of the person operating the vehicle within forty-eight hours after

being so requested is liable on summary conviction to a penalty prescribed for the offence of

the operator.

Defence under section 7

(4) In any prosecution under this section it shall be a defence if the owner or the person who had

the vehicle with the consent of the owner, as the case may be, can prove that the vehicle was

being operated at the time of the violation without his knowledge or consent, either expressed

or implied. 1984, c.37, s.7.

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8. Right to seize and detain vehicle

(1) Where a police officer has reasonable and probable grounds to believe

(a) an offence under this Act has been committed by means of a motor vehicle; and

(b) the seizure of the motor vehicle is necessary to prevent the continuation or repetition

of the offence or the commission of another offence under this Act,

the police officer may seize and detain the motor vehicle for such period of time not

exceeding forty-eight hours as he considers necessary.

Expenses of seizure and detention

(2) Before the motor vehicle is released, the expenses relating to its seizure and detention under

this section shall be paid by the person to whom it is to be released. 1984, c.37, s.8.

9. Order prohibiting entry by convicted person

(1) Where a person is convicted of an offence under this Act in respect of premises generally

open to the public, the court may make an order prohibiting that person from entering the

premises in relation to which the conviction was entered for a period not exceeding six

months.

Failure to comply

(2) A person who is bound by an order made pursuant to subsection (1) and who fails to comply

with that order is guilty of an offence and is liable on summary conviction to a fine of not less

than $200 and not more than $2,000. 1984, c.37, s.9; 2004,c.21,s.5.

10. Restitution order

(1) Where a person is convicted of an offence under this Act and another person has, as a result

of the commission of the offence, suffered damage caused by the person convicted, the court

may, on the application of the person who suffered the damage, determine the amount of the

damages and order restitution by the person convicted, but no restitution order shall be for an

amount in excess of $2,000.

Notice of intent to apply for order

(2) No application may be made under subsection (1) unless the person who suffered the damage

has given reasonable notice to the defendant of his intention to make the application.

Costs of private prosecutor

(3) Where a prosecution under this Act is conducted by a private prosecutor, and the defendant is

convicted, the court may, unless the court is of the opinion that the prosecution was not

necessary for the protection of the occupier or his interests, order a sum not exceeding $2,000

to be paid by the defendant to the private prosecutor by way of costs incurred for the

prosecution.

Restitution or costs additional to fine

(4) An order for restitution under subsection (1) or an award of costs under subsection (3) shall

be in addition to any fine that is imposed under this Act.

Right of action unaffected

(5) An order for restitution under subsection (1) does not extinguish the right of the person in

whose favour the order is made to bring a civil action for damages against the person

convicted arising out of the same facts.

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(6) The failure to request or refusal to grant an order for restitution under subsection (1) does not

affect a right to bring a civil action for damages arising out of the same facts. 1984, c.37, s.10;

2004,c.21,s.6.

11. No prosecution of person under twelve years

No person under twelve years of age may be prosecuted for violating this Act. 1984, c.37, s.11.

12. Civil remedy for trespass not restricted

Nothing contained in this Act restricts or shall be deemed to restrict the availability of

injunctive relief or any other civil remedy for trespass to property that is otherwise available.

1984, c.37, s.12.

13. No prosecution for recreational activity

No person may be prosecuted under section 2 for entering on premises that is forest land in

order to

(a) angle;

(b) picnic;

(d) hike;

(e) ski;

(f) hunt, other than to trap or snare;

(g) carry out any activity involving a study of flora or fauna; or

(h) carry out any other recreational activity,

unless entry on such premises is prohibited by notice. 1984, c.37, s.13; 2004,c.21,s.7.