|This Act has "Not in Force" sections. See the Table of Legislative Changes.|
|2||Definition of lawful fence|
|3||Owners in rural area responsible for lawful fence|
|4.1||Defences to trespass|
|5||Methods of giving or posting notice|
|6||Prosecution not defeated by variation in fence|
|8||Trespasser must give name and address|
|9.1||Section 5 of the Offence Act|
|10||Arrest without warrant|
|11||Court may order compensation|
|15||Power to make regulations|
1 In this Act:
"authorized person" means a person authorized by an occupier of premises to exercise a power or perform a duty of the occupier under this Act;
"enclosed land" includes land that is
"occupier", in relation to premises, means
(a) if the premises are land, including enclosed land, foreshore and land covered by water, or are property described in paragraph (a) of the definition of "premises", a person entitled to maintain an action of trespass in respect of those premises,
and includes a person who
"owner", in relation to land, means a person registered in the land title office as the owner of the estate in fee simple of the land;
"premises" means land, including enclosed land, foreshore and land covered by water, and anything on the land including
"vehicle" has the same meaning as in the Motor Vehicle Act.
2 The Lieutenant Governor in Council may, by regulation, do one or more of the following:
(b) define a lawful fence for the purpose of dividing the right of way, grounds or property of a railway company to which the Railway Act applies from other land, whether belonging to the railway company or not;
commits an offence if the person
4.1 A person may not be convicted of an offence under section 4 in relation to premises if the person's action or inaction, as applicable to the offence, was with
5 (1) For the purposes of paragraph (c) of the definition of "enclosed land", signs must be posted so that, in daylight and under normal weather conditions, from the approach to each ordinary point of access to the enclosed land,
(b) by means of a sign posted at or near an ordinary point of access to the premises so that, in daylight and under normal weather conditions from the approach to the ordinary point of access, the sign satisfies the requirements of subsection (1) (a), (b) and (c) of this section.
(3) In a prosecution for an offence under section 4 (1) (a), (b) or (c), proof that a sign that complies with subsection (1) or (2) (b) of this section, as applicable, was posted at the ordinary point of access used by the defendant to enter the premises is sufficient for the purpose of establishing, as applicable, that
(4) A sign, posted in accordance with subsection (2) (b), that names an activity and has an oblique line drawn through the name or that shows a graphic representation of an activity and has an oblique line drawn through the representation is sufficient for the purpose of giving notice that the activity is prohibited.
6 The prosecution of a person for an offence under section 4 (1) (a) is not defeated only because the fence is not of a uniform height, or that the spaces between the bars, boards or rails of the fence, or any of them, are larger than 150 mm.
8 (1) On the demand of an occupier of premises, or an authorized person, who has reasonable grounds to believe that a person is on or in the premises, or was on or in the premises, in contravention of section 4 (1) (a), (b) or (c) or (3), the person must provide the occupier or authorized person with his or her correct name and address.
9.1 Section 5 of the Offence Act does not apply to this Act or the regulations.
10 (1) In this section, "peace officer" means a peace officer described in paragraph (c) of the definition of "peace officer" in section 29 of the Interpretation Act and includes a conservation officer as defined in section 1 (1) of the Environmental Management Act.
(2) A peace officer may arrest without warrant any person found on or in premises if the peace officer believes on reasonable and probable grounds that the person is committing an offence under section 4 in relation to the premises.
(3) If a peace officer believes on reasonable and probable grounds that a person has committed an offence under section 4 and has recently departed from the premises, the peace officer may arrest the person without warrant if
11 (1) The Provincial Court, on application of an occupier of premises or another person injured, may order a person convicted of an offence under section 4 or 5 (7) in relation to those premises to pay restitution for the damage or loss that was sustained by the occupier or other person as a result of the commission of the offence.
(2) If an order is made against a defendant under subsection (1), no action for damage for trespass lies against the defendant for the loss or damage of the occupier or other person sustained as a result of the commission of the offence.
15 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
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