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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“authorized person” means an owner or occupier of premises, forest land or land referred to in section 2.2 and an agent of an owner or occupier thereof;(personne autorisée)

“driver” means a person who drives or has care or control of a motor vehicle;(conducteur)

“forest land” means any land lying outside the boundaries of a city or town and not cultivated for agricultural purposes, on which trees, shrubs, plants or grass are growing, together with roads thereon, other than public highways, but does not include any lands referred to in subsection 2.1(1) or section 2.2;(terre forestière)

“freshwater marsh” means an inland area, lying between dry land and a lake, pond, river or stream, where the water table is ordinarily near or above the surface of the land and which is characterized by aquatic and grass-like vegetation;(marais d’eau douce)

“lake shore area” means that portion of land lying within twenty-five metres above and twenty-five metres below the normal high water mark of any lake, and includes any bed, bank, beach, shore, bar, flat, mud flat or sand dune associated with the lake whether or not it lies within that portion of land;(zone riveraine d’un lac)

“land used for agricultural purposes” Repealed: 1989, c.42, s.1

“motor vehicle” means a motor vehicle, motor driven cycle, motorcycle, or snowmobile as defined in the Motor Vehicle Act or an off-road vehicle as defined in the Off-Road Vehicle Act, and includes any trailer or accessory attached to the motor vehicle;(véhicule à moteur)

“normal high water mark” , in reference to a lake, means the visible point at which the long continued presence and action of water has differentiated the bed of the lake from the bank thereof in terms of the nature of the vegetation and the soil found on each;(ligne normale des hautes eaux)

“occupier” means(occupant)

(a) a person who is in possession of premises, forest land or land referred to in section 2.2,

(b) a person who has responsibility for and control over the condition of, the activities conducted on and the persons allowed to enter the premises, forest land or land referred to in section 2.2,

(c) school personnel as defined in the Education Act,

notwithstanding that there may be more than one occupier of the same premises, forest land or land referred to in section 2.2;

“ocean shore area” means that portion of land lying within the ordinary low tide mark and three hundred metres above the ordinary high tide mark of any ocean or any inlet thereof, and includes any bed, bank, beach, shore, bar, flat, mud flat or sand dune associated with the ocean or inlet whether or not it lies within that portion of land;(zone riveraine d’un océan)

“peace officer” means(agent de la paix)

(a) a member of the Royal Canadian Mounted Police,

(b) a police officer appointed pursuant to section 10, 11 or 17.3 of the Police Act,

(c) Repealed: 1988, c.67, s.12

(d) an auxiliary peace officer or an auxiliary police constable appointed under section 13 of the Police Act, when accompanied by or under the supervision of a police officer appointed under section 10, 11 or 17.3 of the Police Act or a member of the Royal Canadian Mounted Police, or

(e) a conservation officer appointed under the Fish and Wildlife Act;

“premises” means buildings and structures and any land used in connection therewith for parking, recreational or other purposes;(lieux)

“trespass” means entering or remaining without lawful authority on premises or land owned, occupied or controlled by another;(intrusion)

“saltwater marsh” means an area, lying between dry land and the ocean or an inlet thereof, which is covered all or part of the time by salt water and which is characterized by aquatic and grass-like vegetation;(marais d’eau salée)

“sand dune” means a natural mound of loose sand, which may be covered with grass or other vegetation, found along a lake or ocean shore;(dune)

“watercourse” means the full length and width of any river, creek, stream, spring, brook, lake, pond, reservoir, canal, ditch or other natural or artificial channel that is open to the air and includes the bed, banks, sides and shoreline thereof.(cours d’eau)

1985, c.70, s.1; 1985, c.A-7.11, s.42; 1988, c.67, s.12; 1989, c.42, s.1; 1996, c.18, s.11; 1997, c.42, s.10; 2003, c.7, s.41; 2004, c.12, s.55

Prohibition respecting trespass of premises

2(1)No person shall trespass on

(a) the premises of a shop, store, shopping mall or shopping plaza,

(b) the premises of a school, vocational school, university, college, trade school or other premises used for educational purposes, or

(c) the premises of a facility operated as a place of shelter from domestic violence,

with respect to which he has had notice from an authorized person not to trespass.

Notice respecting trespass

2(2)For the purposes of subsection (1), a person has notice not to trespass when he has been given notice by word of mouth or in writing to refrain from entering or from remaining on the premises and the notice shall be deemed to have been given by an authorized person under this Act until the contrary is proved.

Repealed

2(3)Repealed: 2008, c.11, s.26

Repealed

2(4)Repealed: 2008, c.11, s.26

Repealed

2(4.1)Repealed: 2008, c.11, s.26

Repealed

2(5)Repealed: 2008, c.11, s.26

Exemptions

2(6)Paragraphs (1)(a) and (b) do not apply to a person

(a) engaged in a peaceful public demonstration, or

(b) doing anything in connection with a lock-out or strike that he is permitted by law to do.

1986, c.81, s.1; 1992, c.23, s.1; 2008, c.11, s.26

Prohibition respecting trespass by means of motor vehicle

2.1(1)No person shall trespass by means of a motor vehicle

(a) in any area designated by the Lieutenant-Governor in Council as a wildlife refuge or a wildlife management area under the Fish and Wildlife Act;

(b) in a protected natural area established under the Protected Natural Areas Act;

(c) in a watercourse;

(d) in a lake shore area;

(e) in an ocean shore area;

(f) in a saltwater marsh;

(g) in a freshwater marsh; or

(h) in any area which the Lieutenant-Governor in Council has designated by regulation as an area in need of protection from environmental damage.

2.1(2)Paragraphs (1)(c), (d), (e), (f) and (g) do not apply to a person operating a motor vehicle on ice or on frozen ground that is completely covered by snow.

2.1(3)Paragraph (1)(c) does not apply to a person driving a motor vehicle directly across a river, creek, stream, brook or other channel at a customary crossing point.

2.1(4)Paragraphs (1)(c), (d), (e), (f), and (g) do not apply to

(a) any land within a provincial park as defined in the Parks Act, and

(b) any land within an incorporated city, town or village.

2.1(5)Subsection (1) does not apply to the operation of a motor vehicle upon a roadway designed or ordinarily used for the passage of conventional motor vehicles.

1985, c.70, s.2; 1988, c.45, s.1; 2003, c.P-19.01, s.41; 2004, c.12, s.55

2.2No person shall contrary to the regulations made under paragraphs 11.1(d), (e) and (f) trespass by means of a motor vehicle on

(a) land that is being cultivated for the production of food for humans or livestock,

(b) land that is being managed for the production of food for humans or livestock,

(c) an orchard that is being cultivated,

(d) an orchard that is being managed,

(e) a pasture,

(f) a Christmas tree plantation, or

(g) a plantation of seedlings and saplings.

1989, c.42, s.2

Prohibition respecting trespass on forest land

3(1)No person shall trespass by means of a motor vehicle on forest land with respect to which he has had notice not to trespass.

3(2)For purposes of subsection (1) a person has notice not to trespass when he has been given notice

(a) by means of signs posted so that a sign is clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the land to which it applies, or

(b) by word of mouth or in writing by an authorized person to refrain from entering or remaining on the land and the notice shall be deemed to have been given by an authorized person under this Act until the contrary is proved.

3(3)A sign posted for the purposes of paragraph (2)(a) shall bear the words “no trespassing” or words of similar effect, together with the words “by order of” followed by the name of the owner or occupier, plainly visible and legible.

3(4)No person shall tear down, remove, damage, deface or cover up a sign that has been posted by the owner or occupier of the land.

3(5)Repealed: 2008, c.11, s.26

3(6)Repealed: 2008, c.11, s.26

1985, c.70, s.3; 1989, c.42, s.3; 2008, c.11, s.26

Offences, penalties and defences

3.1(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

3.1(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

3.1(3)It is a defence to a charge under subsection 2.1(1) or section 2.2 or subsection 3(1) or (4) that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of.

2008, c.11, s.26

Commission of offence by means of motor vehicle

4(1)Where an offence under this Act is committed by means of a motor vehicle, the driver of the motor vehicle commits the offence.

4(2)Proof that any person is or was on a date the registered owner of a motor vehicle by means of which any offence is alleged to have been committed on such date under this Act, shall be prima facie evidence that such person was the driver of the motor vehicle at the time of the alleged offence.

4(3)For purposes of determining the registered owner of a motor vehicle under this section, the provisions of the Motor Vehicle Act and the Off-Road Vehicle Act relating to registered owners apply mutatis mutandis.

1985, c.A-7.11, s.42; 2003, c.7, s.41

Forfeiture of motor vehicle

5(1)Where a person is convicted of a second or subsequent offence in relation to the same land under this Act that was committed by means of a motor vehicle the court may, upon application by counsel for the Attorney General, order that the motor vehicle be seized and forfeited to the Crown, and upon such order being made, the motor vehicle is thereupon forfeited to the Crown.

5(2)Where a motor vehicle is forfeited to the Crown under subsection (1), any person, other than a person who was convicted of the offence, who claims an interest therein as owner, mortgagee, lienholder or holder of any like interest may within thirty days after the date of the forfeiture apply to a judge of The Court of Queen’s Bench of New Brunswick for an order under subsection (5).

5(3)The judge to whom an application is made under subsection (2) shall fix a day not more than twenty days after the date of filing of the application for the hearing thereof.

5(4)The applicant shall serve notice of the application and of the hearing upon the Attorney General at least ten days before the day fixed for the hearing.

5(5)Where, upon the hearing of an application, it is made to appear to the satisfaction of the judge that the applicant is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted thereof, the applicant is entitled to an order declaring that his interest is not affected by such forfeiture and declaring the nature and extent of his interest.

5(6)The applicant or the Attorney General may appeal an order made under subsection (5) and the procedure governing appeals from orders or judgments of a judge of The Court of Queen’s Bench of New Brunswick applies.

5(7)Subject to subsection (9) the Attorney General shall, upon application made to him by any person who has obtained a final order under this section,

(a) direct that the motor vehicle to which the interest of the applicant relates be returned to the applicant, or

(b) direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.

5(8)An application shall be made under subsection (7) not later than ten days after a final order is made under this section.

5(9)Before a motor vehicle seized and forfeited under this section is released, the expenses relating to the seizure and storage of the motor vehicle shall be paid by the applicant, unless the applicant is the owner of the motor vehicle and the motor vehicle, at the time of the offence leading to its forfeiture, had been taken or was being used without the applicant’s consent.

5(10)The applicant may by action in a court of competent jurisdiction recover the expenses relating to the seizure and storage of the motor vehicle under this Act from the person convicted of the offence.

5(11)Where

(a) notice of an application made under subsection (2) has not been served upon the Attorney General within the time prescribed in subsection (4),

(b) an application has been made under subsection (2) and dismissed and the time limited for appeal has expired, or

(c) an amount is to be paid under paragraph (7)(b),

the Attorney General may sell or otherwise dispose of the motor vehicle as he sees fit.

1984, c.67, s.1

Compensation for loss or damage to property

6(1)Where a person is convicted of an offence under subsection 2.1(1), section 2.2 or subsection 3(1) or (4) of this Act, the court may, at the time the penalty is imposed and upon application by a person aggrieved, order the convicted person to pay to the aggrieved person an amount, not exceeding the prevailing limit in relation to small claims in The Court of Queen’s Bench of New Brunswick, by way of compensation for loss of or damage to property suffered as a result of the commission of the offence.

6(2)Where a prosecution under subsection 2.1(1), section 2.2 or subsection 3(1) or (4) is conducted by a private prosecutor and the accused is convicted, unless the court is of the opinion that the prosecution was not necessary for the protection of the owner or occupier or his interests, the court may determine the actual costs reasonably incurred in conducting the prosecution and order those costs to be paid by the accused.

6(3)Where an amount ordered to be paid under subsection (1) or (2) is not paid forthwith, the order may be filed in The Court of Queen’s Bench of New Brunswick and shall be entered and recorded in that Court, and when so entered and recorded, the order becomes a judgment of that Court and may be enforced as a judgment obtained in the Court against the person named in the order for a debt in the amount stated in the order.

6(4)All reasonable costs and charges attendant upon the filing, entering and recording of an order under subsection (1) are recoverable in like manner as if the amount thereof had been included in the order.

6(5)An order under subsection (1) shall be in addition to any fine, penalty or forfeiture imposed under this Act.

6(6)Where a person in whose favour an order is made under subsection (1) subsequently brings a civil action against the person convicted arising out of the same facts, the amount ordered to be paid under subsection (1) shall be deducted from any amount recovered in the civil proceeding.

1985, c.70, s.4; 1989, c.42, s.4; 2008, c.11, s.26

Identification and arrest

7(1)An owner or occupier of premises or of forest land or any land referred to in subsection 2.1(1) or section 2.2 may require any person he believes on reasonable and probable grounds to have committed an offence under this Act to identify himself.

7(2)Where a person required under this section to identify himself fails or refuses to do so, or where there are reasonable and probable grounds to believe that the identification given is false, the owner or occupier may arrest him without warrant to establish his identity for purposes of a prosecution under this Act.

7(3)Subject to subsection (4), the person who makes the arrest under this section shall, as soon as practicable, deliver the person arrested to a peace officer and the peace officer to whom the person arrested is delivered shall be deemed to have arrested the person and shall proceed in accordance with the Provincial Offences Procedure Act.

7(4)Where the identity of the person apprehended under this section is established before the person is delivered to a peace officer, the person shall be released.

1985, c.70, s.5; 1989, c.42, s.5; 1990, c.22, s.51

Seizure and detention of motor vehicle

8(1)Where a peace officer has reasonable and probable grounds to believe an offence under this Act has been committed by means of a motor vehicle and that the seizure of the motor vehicle is necessary to prevent the continuation or repetition of the offence or the commission of another offence under this Act, the peace officer may seize and detain the motor vehicle for such period of time not exceeding forty-eight hours as he considers necessary.

8(2)Before a motor vehicle seized and detained under this section is released, the expenses relating to the seizure and detention shall be paid by the person to whom it is to be released, except where that person is the owner of the motor vehicle and the motor vehicle, at the time when it was seized, had been taken or was being used without his consent.

8(3)Where a motor vehicle seized and detained under subsection (1) has not been released within thirty days of the seizure, the peace officer shall notify the Attorney General, who may sell or otherwise dispose of the motor vehicle as he sees fit.

1984, c.67, s.2

Duty of occupier

9An occupier of forest land or any land referred to in subsection 2.1(1) or section 2.2 owes no duty of care towards a person who is a trespasser driving or riding on or in a motor vehicle or who is being towed by a motor vehicle where the motor vehicle has been used in the commission of an offence under this Act upon such land, except the duty not to create a danger with the deliberate intent of doing harm or damage to a person or property and not to act with reckless disregard of the presence of a person or property.

1985, c.70, s.6; 1989, c.42, s.6

Exemptions

10This Act does not apply to lands that are Crown Lands as defined in the Crown Lands and Forests Act except where the lands are referred to in subsection 2.1(1) or section 2.2.

1985, c.70, s.7; 1989, c.42, s.7

Repeal

11The Petty Trespass Act, chapter P-8.01 of the Acts of New Brunswick, 1979, is repealed.

Regulations

11.1The Lieutenant-Governor in Council may make regulations

(a) exempting any land from the application of subsection 2.1(1);

(b) specifying uses of a motor vehicle which may be carried out on any land referred to in subsection 2.1(1);

(c) designating areas in need of protection from environmental damage;

(d) prohibiting the trespass by a person by means of a motor vehicle on the categories of land referred to in paragraphs 2.2(a) to (g), which prohibition may be imposed in relation to any or all of the categories of land referred to in paragraphs 2.2(a) to (g), and which prohibition may vary in relation to each of the categories of land referred to in paragraphs 2.2(a) to (g);

(e) respecting the conditions, if any are applicable, under which a person is prohibited from trespassing by means of a motor vehicle on the categories of land referred to in paragraphs 2.2(a) to (g), which conditions, if any are applicable, may vary in relation to each of the categories of land referred to in paragraphs 2.2(a) to (g);

(f) respecting the giving of notice not to trespass in relation to each of the categories of land referred to in paragraphs 2.2(a) to (g) to which the giving of notice not to trespass is to be applicable.

1985, c.70, s.8; 1989, c.42, s.8

Commencement

12This Act or any provision thereof comes into force on a day to be fixed by proclamation.

SCHEDULE A

Column I		Column II

Section		Category of Offence
	2(1)(a)..............		C
	2(1)(b)..............		E
	2(1)(c)..............		F
	2.1(1)..............		F
	2.2..............		E
	3(1)..............		C
	3(4)..............		C

2008, c.11, s.26

N.B. This Act was proclaimed and came into force December 1, 1983.

N.B. This Act is consolidated to March 1, 2013.

T-11.2 - Trespass Act

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