Trespass Laws

Res #: 12-21M
Number: 12
Year: 2021
Midterm: Yes
Expired: No
Responses Received: Yes
Departments: Saskatchewan Ministry of Justice and Attorney General

WHEREAS landowners’ rights continue to be infringed upon by hunters not obtaining either verbal or written permission from the respective landowner(s); and
WHEREAS landowners continue to experience damage to their crops, private property, and livestock; and
WHEREAS landowners experience safety concerns with firearms being discharged near their homes.
BE IT RESOLVED that SARM lobby the Saskatchewan Ministry of Justice for stricter reform of the trespassing legislation, and that all parties be informed of their respective rights and responsibilities.

Responses From: Saskatchewan Ministry of Justice and Attorney General

March 14, 2022

As you are aware, there has been considerable movement on this file in recent weeks. On January 1, 2022, the amendments included in The Trespass to Property Amendment Act, 2019 and The Trespass to Property Consequential Amendments Act, 2019 came into force. These amendments made changes to trespass related legislation in Saskatchewan to place the onus on the individuals seeking access to private property to obtain consent of the landowner or occupier prior to entry.

The Government of Saskatchewan is committed to addressing rural crime. Accordingly, additional amendments to those noted above are being introduced to provide for stronger penalties to those convicted of committing trespass and to facilitate civil legal actions to be initiated where trespass has occurred. Bill 40- The Trespass to Property Amendment Act, 2021 is currently before the assembly to:

  • further provide for an increased maximum penalty from $5,000.00 to $25,000.00 for repeat offenders with respect to a particular property;
  • include the potential for imprisonment as an available penalty for first and subsequent trespass offences;
  • introduce a $200,000.00 maximum penalty for a corporation that counsels, aids or abets in the commission of a trespassing offence;
  • provide for an express statutory tort of trespass in the Act to be brought by landowners or occupiers against a trespasser.

These changes will be in addition to the amendments to the Act that came into force on January 1, 2022.

Hon. Gordon S. Wyant, Q.C. – Minister of Justice and Attorney General