The Trespass to Property Act

Res #: 26-11A
Number: 26
Year: 2011
Midterm: No
Expired: Yes
Responses Received: No
Departments: Saskatchewan Ministry of Justice and Attorney General

WHEREAS privately owned property is most affected by trespassing in unsecure remote rural locations; and

WHEREAS The Trespass to Property Act does not adequately control trespassing on private rural property; and

WHEREAS enforcement of this Act is difficult; and

WHEREAS individuals engaged in lawful hunting, fishing and trapping activities are exempt from the Act;

BE IT RESOLVED that The Trespass to Property Act be reviewed, including rural public consultation, with the goal of making changes that reflect the needs of rural landowners.

Response from Honourable Don Morgan, Q.C., Minister of Justice and Attorney General:

Respecting The Trespass to Property Act, the legislation was passed in 2009, in large measure in response to requests from SARM. Consultations with SARM were conducted at that time.

The objective of the Act is to balance the reasonable expectations of property owners or occupiers and those who want access to property belonging to someone else for legitimate purposes.

Given that the legislation was proclaimed in 2009, it is too soon to conduct a full review at this time. Please note, Ministry of Justice and Attorney General officials continue to monitor the impact of the legislation following the first few years of implementation. If you have specific concerns, I would encourage you to contact Mary Ellen Wellsch, Senior Crown Counsel, Legislative Services at (306) 787-5562.

Thank you for bringing this matter to my attention.