An owner of land or premises is protected from trespassing by the Trespass to Property Act. The key to this legislation is signage. A person trespassing on land or premises must have notice that entry is prohibited. The signage may be general in nature, such as “No Trespassing!” as everyone has seen.
The signage may also be specific in nature. A trail sign on land which specifically permits an activity, such as snowmobiling in the winter, is deemed to prohibit other activities, such as ATVs in the summer. However, if the only signage is a trail sign prohibiting snowmobiling in the winter, then the activity of ATVs in the summer is deemed not to be prohibited. The best thing to do to dispel uncertainty is to have both general and specific signage. An owner who seeks to avoid liability for injury caused by unwanted motorized vehicles should post the appropriate signage.
Prosecution for an offence is normally conducted by the Crown. A person traversing land may have a defence that the person reasonably believed he or she had an interest in the land, for example, as a right of way by use over 20 years. The maximum fine is $2,000.00. A monetary award may also be granted to the owner for damage to the property caused by the trespasser which is enforceable in the Small Claims Court.
For serious and repeated trespassing problems, it is prudent to inform the local OPP detachment that “No Trespassing” signs have been posted on the property. There is no requirement to do this under the legislation. However, there have been situations where the OPP have refused to lay a charge of trespass when they are called to a scene because they do not have the information on file.