Acts and Regulations

2012, c.117 - Trespass Act

Full text
Definitions
1The following definitions apply in this Act.
“authorized person” means an occupier or owner of a premises and an agent of the occupier or owner.(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 on the land, other than public highways, but does not include any lands referred to in subsection 5(1) or section 6.(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 25 m above and 25 m below the normal high water mark of any lake, and includes any bed, bank, beach, shore, bar, flat, mudflat or sand dune associated with the lake whether or not it lies within that portion of land.(zone riveraine d’un lac)
“motor vehicle” means a motor vehicle, motor driven cycle, motorcycle or trail groomer 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 of the lake in terms of the nature of the vegetation and the soil found on each.(ligne normale des hautes eaux)
“occupier” , even though there may be more than one occupier of the same premises, means(occupant)
(a) a person who is in possession of premises,
(b) a person who has responsibility for and control over the condition of the premises or the activities engaged in on the premises or control over the persons allowed to enter the premises, or
(c) school personnel as defined in the Education Act.
“ocean shore area” means that portion of land lying within the ordinary low tide mark and 300 m above the ordinary high tide mark of any ocean or ocean inlet, and includes any bed, bank, beach, shore, bar, flat, mudflat 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 under section 10, 11 or 17.3 of the Police Act,
(c) 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
(d) a conservation officer appointed under the Fish and Wildlife Act.
“premises” means any building, structure or land.(lieux)
“saltwater marsh” means an area, lying between dry land and the ocean or an ocean inlet, that 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)
“trespass” means entering or remaining without lawful authority on premises owned, occupied or controlled by another.(intrusion)
“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.(cours d’eau)
1983, c.T-11.2, s.1; 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; 2020, c.16, s.4; 2023, c.34, s.1
Definitions
1The following definitions apply in this Act.
“authorized person” means an owner or occupier of premises, forest land or land referred to in section 6 and an agent of such an owner or occupier.(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 on the land, other than public highways, but does not include any lands referred to in subsection 5(1) or section 6.(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 25 m above and 25 m below the normal high water mark of any lake, and includes any bed, bank, beach, shore, bar, flat, mudflat or sand dune associated with the lake whether or not it lies within that portion of land.(zone riveraine d’un lac)
“motor vehicle” means a motor vehicle, motor driven cycle, motorcycle or trail groomer 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 of the lake in terms of the nature of the vegetation and the soil found on each.(ligne normale des hautes eaux)
“occupier” , even though there may be more than one occupier of the same premises, forest land, or land referred to in section 6, means(occupant)
(a) a person who is in possession of premises, forest land or land referred to in section 6,
(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 6, or
(c) school personnel as defined in the Education Act.
“ocean shore area” means that portion of land lying within the ordinary low tide mark and 300 m above the ordinary high tide mark of any ocean or ocean inlet, and includes any bed, bank, beach, shore, bar, flat, mudflat 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 under section 10, 11 or 17.3 of the Police Act,
(c) 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
(d) a conservation officer appointed under the Fish and Wildlife Act.
“premises” means buildings and structures and any land used in connection with the buildings and structures for parking, recreational or other purposes.(lieux)
“saltwater marsh” means an area, lying between dry land and the ocean or an ocean inlet, that 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)
“trespass” means entering or remaining without lawful authority on premises or land owned, occupied or controlled by another.(intrusion)
“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.(cours d’eau)
1983, c.T-11.2, s.1; 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; 2020, c.16, s.4
Definitions
1The following definitions apply in this Act.
“authorized person” means an owner or occupier of premises, forest land or land referred to in section 6 and an agent of such an owner or occupier.(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 on the land, other than public highways, but does not include any lands referred to in subsection 5(1) or section 6.(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 25 m above and 25 m below the normal high water mark of any lake, and includes any bed, bank, beach, shore, bar, flat, mudflat or sand dune associated with the lake whether or not it lies within that portion of land.(zone riveraine d’un lac)
“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 of the lake in terms of the nature of the vegetation and the soil found on each.(ligne normale des hautes eaux)
“occupier” , even though there may be more than one occupier of the same premises, forest land, or land referred to in section 6, means(occupant)
(a) a person who is in possession of premises, forest land or land referred to in section 6,
(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 6, or
(c) school personnel as defined in the Education Act.
“ocean shore area” means that portion of land lying within the ordinary low tide mark and 300 m above the ordinary high tide mark of any ocean or ocean inlet, and includes any bed, bank, beach, shore, bar, flat, mudflat 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 under section 10, 11 or 17.3 of the Police Act,
(c) 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
(d) a conservation officer appointed under the Fish and Wildlife Act.
“premises” means buildings and structures and any land used in connection with the buildings and structures for parking, recreational or other purposes.(lieux)
“saltwater marsh” means an area, lying between dry land and the ocean or an ocean inlet, that 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)
“trespass” means entering or remaining without lawful authority on premises or land owned, occupied or controlled by another.(intrusion)
“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.(cours d’eau)
1983, c.T-11.2, s.1; 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
Definitions
1The following definitions apply in this Act.
“authorized person” means an owner or occupier of premises, forest land or land referred to in section 6 and an agent of such an owner or occupier.(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 on the land, other than public highways, but does not include any lands referred to in subsection 5(1) or section 6.(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 25 m above and 25 m below the normal high water mark of any lake, and includes any bed, bank, beach, shore, bar, flat, mudflat or sand dune associated with the lake whether or not it lies within that portion of land.(zone riveraine d’un lac)
“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 of the lake in terms of the nature of the vegetation and the soil found on each.(ligne normale des hautes eaux)
“occupier” , even though there may be more than one occupier of the same premises, forest land, or land referred to in section 6, means(occupant)
(a) a person who is in possession of premises, forest land or land referred to in section 6,
(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 6, or
(c) school personnel as defined in the Education Act.
“ocean shore area” means that portion of land lying within the ordinary low tide mark and 300 m above the ordinary high tide mark of any ocean or ocean inlet, and includes any bed, bank, beach, shore, bar, flat, mudflat 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 under section 10, 11 or 17.3 of the Police Act,
(c) 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
(d) a conservation officer appointed under the Fish and Wildlife Act.
“premises” means buildings and structures and any land used in connection with the buildings and structures for parking, recreational or other purposes.(lieux)
“saltwater marsh” means an area, lying between dry land and the ocean or an ocean inlet, that 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)
“trespass” means entering or remaining without lawful authority on premises or land owned, occupied or controlled by another.(intrusion)
“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.(cours d’eau)
1983, c.T-11.2, s.1; 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