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A GUIDE TO THE LAW IN
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A GUIDE TO THE LAW IN ALBERTA REGARDING TRESPASS A GUIDE TO THE LAW IN ALBERTA REGARDING TRESPASS

TRESPASS WHAT IS TRESPASS?

Trespass is a direct interference with another persons land.

WHAT IS TRESPASS? . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Trespass is an action that can be pursued civilly or criminally. A
civil trespass is when one person, usually the owner of land or a
TRESPASS AS AN OFFENSE . . . . . . . . . . . . . . . . . . . . . 2 home, sues a person who has entered their property without
Petty Trespass Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 permission. The homeowner can sue the trespasser for money
Trespass to Premises Act . . . . . . . . . . . . . . . . . . . . . . . . . . 3 regardless of whether or not anything specific was damaged. The
Criminal Code of Canada . . . . . . . . . . . . . . . . . . . . . . . . . . 4 damage is considered to have occurred when a persons property
is intruded upon without their consent. A trespass to land
COMMON QUESTIONS REGARDING TRESPASS occurs when a person enters premises without the
permission of the owner/occupier or does not leave
............................................. 5
immediately after being directed to do so by the
owner/occupier.
REFERRAL NUMBERS . . . . . . . . . . . . . . . . . . . . . . . . . . 9
This pamphlet in particular is regarding the more common criminal
actions for trespass. There are three types of legislation that
govern in this area:
a. Criminal Code of Canada (federal act)
b. Trespass to Premises Act (provincial act)
c. Petty Trespass Act (provincial act)

TRESPASS AS AN OFFENSE

1. Petty Trespass Act

This act does not apply to Crown (government-owned) land
unless there is a disposition granted under the Public Lands Act.
It also does not apply to land that is Crown land that is the subject
of a lease from the Crown. This provincial act applies to every
person who without the permission of the owner or occupier of the
land or does not leave the land immediately after he or she is
directed to do so by the owner is guilty of an offense. It is a
defense to trespass if it can be proven that there was a legal right
or authority to be on the land. There is also a presumption that
access for lawful purposes to the door of a building on land by a
pathway apparently provided for the purpose of access is not a
trespass.
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A GUIDE TO THE LAW IN ALBERTA REGARDING TRESPASS A GUIDE TO THE LAW IN ALBERTA REGARDING TRESPASS

Entry on land can be prohibited with notice on land that is: Essentially it outlaws trespassing on premises in which a person
a. lawn, garden, or cultivated has had notice not to trespass. Notice can be given in the same
b. surrounded by a fence, natural boundary, or combination ways as the Petty Trespass Act such as oral or written warnings
thereof by the owner or an authorized representative. Additionally, signs
c. enclosed in such a manner as to indicate the owner or should be visibly displayed at each of the entrances normally used
occupiers intention to keep persons off the land or to keep by persons to enter the premises and in the case of premises. A
animals on the land trespasser is guilty of an offence whether or not damage was
caused. The maximum fine for a first offence is $2000, and any
Notice may be given in one of the following forms: subsequent offences are liable for a maximum fine of $5000. All
a. orally of the above also applies if the offense in committed by the means
b. writing of a motor vehicle as well. They can be apprehended without a
c. posters or signboards that are visibly displayed (at all warrant by a peace officer or the owner or an authorized
places where normal access is obtained to the land as well representative of the owner in respect of which the trespass is
as on all fence corners, or in the absence of a fence, on committed. Nothing in the act extends to a case where the
each corner of land) trespasser acted under a fair and reasonable supposition that the
trespasser had a right to do the act complained of.
People are not allowed to damage a poster or signboard that
prohibits trespass that has been posted by an owner or occupier This offense is a strict liability offense, which means that the
of the land, and if this is done then a person is guilty of an offence Crown only needs to prove that the prohibited act did occur,
and liable to a maximum fine of $2000. All of the above applies if despite you not remembering or seeing the notice.
the offense in committed by the means of a motor vehicle as well.
3. Criminal Code of Canada
Any person found committing a trespass can be apprehended The Criminal Code of Canada (CCC) is federal law. There are
without warrant by a peace officer or by an owner, occupier, or several offenses that relate to trespassing that fall under the
agent of the owner or occupier. They may be then taken before Criminal Code. Some of the provisions allow for reasonable
the nearest judge or justice of the peace. amounts of force to be used when removing a trespasser from
2. Trespass to Premises Act private property. More importantly, trespassing at night is a
This provincial act has broader purposes then the Petty Trespass Criminal Code offence. This means that somebody who loiters
Act and refers to the following: or prowls at night on the property of another person may face
a. premises which is any building or structure or part Criminal charges and if convicted will have a criminal record.
thereof
b. any land used in connection with a building or structure
c. including parking areas and storage areas
d. any land that does not apply under the Petty Trespass Act
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A GUIDE TO THE LAW IN ALBERTA REGARDING TRESPASS A GUIDE TO THE LAW IN ALBERTA REGARDING TRESPASS

COMMON QUESTIONS REGARDING TRESPASS If you did not know that notice was given in terms of signs, it is still
considered notice not to trespass. Also, if an owner or an
1. I received a ticket for trespass. What does this mean? authorized representative of the owner gives you written or oral
Most trespass tickets in Alberta are issued under the Trespass to warning, then afterwards it would be considered trespassing.
Premises Act. This carries a fine sentence not exceeding $2000
for the first offence, and $5000 for the second offence. There is 5. What if I thought I had a right to be on the property?
no victim surcharge for this offence under the Victims of Crime Under the Petty Trespass Act it is a defence if the accused
Regulations. thought that they had a right or authority conferred by law to be on
the land. It is also a presumption that access for lawful purposes
2. What are my rights if I am detained or arrested? to the door of a building on land by a pathway apparently provided
You do not have to make a statement to security guards, store for that purpose is not a trespass.
personnel or the police. However, if you are escorted off the
property and are told not to return, you have received notice and Under the Trespass to Premises Act nothing in the act extends to
cannot return. a case where the trespasser acted under a fair and reasonable
supposition that the trespasser had a right to do the act that
3. Do trespass laws apply to public places? somebody complained about.
Section 1 of the Petty Trespass Act states that the act does not
apply to government land such as public park. However, public 6. What are defences to trespassing?
parks are governed by municipal bylaws. If a person is breaking a If you are given notice, it is not a defense that you do not
bylaw (such as sleeping in the park, being in the park after hours, remember being given notice. The only defenses are the
drinking in the park) then the police have the right to give you following:
notice to leave the park or escort you out. If you are using the a. The trespasses acted under a fair and reasonable
public place for a detrimental purpose, you can receive a supposition that the trespasser had a right to do the act
trespassing ticket. complained of (under the Trespass to Premises Act, s. 8)
b. There was no proper notice (notice must be given in
4. What is notice? What if I didnt know that there was accordance with the Act)
notice given? c. Due diligence was taken to find notice (all reasonable
Notice can be: measures were taken to ensure that you were not
a. Oral or written notice trespassing)
b. Signs visibly displayed on entrances to the premises
c. Signs visibly displayed on the corners of the land (or 7. Can I be arrested for trespass?
fence) of the premises Yes. Under the Trespass to Premises Act, a trespasser may be
apprehended without a warrant by any peace officer or the owner
(or agent) of the premises. When a person who is not a peace
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A GUIDE TO THE LAW IN ALBERTA REGARDING TRESPASS A GUIDE TO THE LAW IN ALBERTA REGARDING TRESPASS

officer apprehends a trespasser, that person must turn the It is an offence to make unauthorized use of parkland, which is
trespasser over to a peace officer as soon as possible. The defined as exercising dominion or control over an area by placing
person who is detaining a trespasser must do so reasonable and any structure on parkland. You are prohibited from setting up any
cannot abuse the trespasser, but they are allowed to prevent type of abode on parkland, and are not permitted on parkland
them from escaping. between the hours of 11:00 p.m. and 5:00 a.m., or when a park is
closed.
The person who catches a trespasser is also allowed to
reasonable search the trespasser while they are being detained. The safest choice is to stay in a shelter. However, if for any
The reason that a trespasser is being searched must be related to reason you are turned away from a shelter, and are given a ticket
the reason that the trespasser is being detained or for safety for sleeping outdoors, please seek legal help.
reasons.

8. What are my rights if I am detained or arrested?

A person does not need to make any statements to security
guards, police, or land owners (or agents). If a trespasser is
escorted off the property and are told not to return you still have
received notice and cannot return.

9. What can I do if somebody is trespassing on my

property?
According to the Criminal Code of Canada, everyone who is in
peaceable possession of a dwelling house or real property is
justified in using only as much force as is necessary to prevent a
person from trespassing or to remove a trepasser. Under s. 41(1)
resistance on the part of the trespasser is considered assault
without justification or provocation on the owner or agent of the
owner.

10. If I am sleeping on the sidewalk, is it trespassing?

Sleeping outdoors is not permitted in Edmonton. Specifically, you
can be ticketed anytime you set up a tent or any structure that
could obstruct the flow of traffic on sidewalks or public places.

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A GUIDE TO THE LAW IN ALBERTA REGARDING TRESPASS

REFERRAL NUMBERS

Dial-a-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-800-332-1091

Student Legal Services . . . . . . . . . . . . . . . . . . . . . [780] 492-2226

www.slsedmonton.com

Alberta Law Line . . . . . . . . . . . . . . . . . . . . . . . . . 1-866-845-3425

Lawyer Referral Service . . . . . . . . . . . . . . . . . . . 1-800-661-1095

www.lawsocietyalberta.com/publicservices/lawyerReferralServ
ice.cfm

Copyright Student Legal Services (2009)

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