Acts and Regulations

2012, c.117 - Trespass Act

Full text
Identification and arrest
10(1)An occupier or owner of a premises may require any person the occupier or owner believes on reasonable grounds to have committed an offence under this Act to identify themselves.
10(2)If a person referred to in subsection (1) fails or refuses to identify themselves or if there are reasonable grounds to believe that the identification given is false, the occupier or owner may arrest the person without warrant to establish the person’s identity for purposes of a prosecution under this Act.
10(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.
10(4)If 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.
1983, c.T-11.2, s.7; 1985, c.70, s.5; 1989, c.42, s.5; 1990, c.22, s.51; 2023, c.34, s.9
Identification and arrest
10(1)An owner or occupier of premises or of forest land or any land referred to in subsection 5(1) or section 6 may require any person the owner or occupier believes on reasonable grounds to have committed an offence under this Act to identify himself or herself.
10(2)If a person required under this section to identify himself or herself fails or refuses to do so, or if there are reasonable grounds to believe that the identification given is false, the owner or occupier may arrest the person without warrant to establish his or her identity for purposes of a prosecution under this Act.
10(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.
10(4)If 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.
1983, c.T-11.2, s.7; 1985, c.70, s.5; 1989, c.42, s.5; 1990, c.22, s.51
Identification and arrest
10(1)An owner or occupier of premises or of forest land or any land referred to in subsection 5(1) or section 6 may require any person the owner or occupier believes on reasonable grounds to have committed an offence under this Act to identify himself or herself.
10(2)If a person required under this section to identify himself or herself fails or refuses to do so, or if there are reasonable grounds to believe that the identification given is false, the owner or occupier may arrest the person without warrant to establish his or her identity for purposes of a prosecution under this Act.
10(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.
10(4)If 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.
1983, c.T-11.2, s.7; 1985, c.70, s.5; 1989, c.42, s.5; 1990, c.22, s.51