Huntsville OPP have been dealing with numerous calls where trespassers are on private property wandering, sight-seeing or collecting vegetation. Muskoka is a popular destination during the year, but particularly during the summer months. Both visitors and property owners should be aware of their rights and responsibilities when it comes to private property.
In Ontario, trespassing generally occurs when someone enters or remains on private property without the express permission of the occupier, or when they fail to leave after being asked to do so. The Trespass to Property Act outlines the specific actions considered trespassing.
What constitutes trespassing in Ontario:
- Entering without permission: Going onto someone’s property when entry is prohibited, whether by signs or verbal notice, is trespassing.
- Refusing to leave: If an occupier or authorized person asks someone to leave their property, they must do so immediately.
- Engaging in prohibited activities: Even if someone is allowed on the property, engaging in activities that are prohibited by the occupier or by signs is considered trespassing.
Key aspects of the Trespass to Property Act:
- Occupier’s rights: The law protects the rights of property owners to control who enters their land and what activities take place on it.
- Notice of prohibition: Trespassing can be established through written notice (e.g., signs) or verbal notice from the occupier or an authorized person.
- Penalties: Trespassing is a provincial offence, and individuals can be fined up to $10,000 for violating the Trespass to Property Act.
- Occupier’s authority: Occupiers or their authorized representatives can ask trespassers to leave and can call the police if necessary.
Examples of trespassing:
- Walking onto a farm field without permission.
- Entering a fenced-in yard where “no trespassing” signs are posted.
- Staying on private property after being asked to leave by the owner.
- Engaging in activities like hunting or fishing on someone’s land without their consent.
Important Considerations:
- Public vs. Private Property: It’s crucial to distinguish between public and private property. Trespassing laws generally apply to private property.
- Authorized Entry: Certain individuals, such as utility workers or government officials, may have legal authority to enter private property under specific circumstances.
- Legal Advice: If you have questions about trespassing or are facing trespassing charges, it’s recommended to seek legal advice.
IMPORTANT: In Canada, a property owner can use reasonable force to remove a trespasser from their property. However, they must use no more force than is necessary and cannot use deadly force unless there is also a threat to human life or safety.
The Huntsville OPP is committed to serving our province. If you have any information about crime in our community, please contact the OPP at 1-888-310-1122. To report minor occurrences online please visit www.opp.ca/reporting.
You can also call Crime Stoppers at 1-800-222-8477 (TIPS) or submit your information online at www.crimestoppers.com. Crime Stoppers does not subscribe to call display, and you will remain anonymous. You will not testify in court and your information may lead to a cash reward of up to $2,000.00.
