Trespassing on Private Land

Res #: 31-12M
Number: 31
Year: 2012
Midterm: Yes
Expired: Yes
Responses Received: No

WHEREAS persons who enter onto private land without landowner permission may cause damage to crops, livestock or property; and

WHEREAS landowners should have control over access to their land;

BE IT RESOLVED that SARM lobby the Provincial Government to enact legislation that would deem all land to be posted “No trespassing” whether or not physical signs are erected and that the onus be placed with the Public to obtain permission, oral or written, from the landowner prior to entering onto the land for any purpose.

Response from Honourable Gordon Wyant, Minister of Justice and Attorney General:

The Trespass to Property Act was a compromise between the interests of land owners and occupiers who want to keep others off their property, and those who do not. In fact, many owners and occupiers encourage members of the public to enter onto their property. For example, owners and occupiers of retail locations would object to a law such as the one the resolution suggests. It is more convenient for some owners to post signs than it is for all owners to be approached for permission to go on the premises in every case.

For the above reasons, I will not be recommending amendments to The Trespass to Property Act.