Teen on ATV survives close call with cable

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Originally Posted by Woodsman

Yes this wasn't in Ontario but if it was how do you determine the "trespassing atv operator" was actually trespassing as defined in the Trespass legislation? The story doesn't support a trespassing situation. No signs or verbal warnings are confirmed in the posted story. Under the Trespass legislation it takes more than being on private property to constitute trespassing. A rural trail will generally require more than just being privately owned to automatically meet the definition of trespassing under the law.

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http://www.ontla.on.ca/web/bills/bil...etail_the_bill

Link to the new legislation above

even if you don't know you are trespassing , you are deemed to be willfully assuming all risks under the occupiers liability act.

Just because there was no sign, doesn't mean you were not trespassing, only means that before you will be charged with trespassing, you would need to be informed verbally to leave, given written notice or signs clearly posted.

One of the best parts of the new law. If it wasn't in there most snowmobile trails in Ontario were going to lose access this fall.

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Originally Posted by B Wilson

http://www.ontla.on.ca/web/bills/bil...etail_the_bill

Link to the new legislation above

even if you don't know you are trespassing , you are deemed to be willfully assuming all risks under the occupiers liability act.

Just because there was no sign, doesn't mean you were not trespassing, only means that before you will be charged with trespassing, you would need to be informed verbally to leave, given written notice or signs clearly posted.

One of the best parts of the new law. If it wasn't in there most snowmobile trails in Ontario were going to lose access this fall.

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There's still a distinct possibility some clubs will lose access because many landowners are sick of the damage and garbage left behind for them to repair and replace at the end of every season.

Often OFSC trail wardens think they own the land. I know of a case where they argued with the actual land owner. That mentality will get you booted off forever.

Happens quite often here...my neighbour was told by the local 'Gestapo' that he needed a trail pass to use a section of the trail that passed across his own property.

Quote:

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Originally Posted by B Wilson

http://www.ontla.on.ca/web/bills/bil...etail_the_bill

Link to the new legislation above

even if you don't know you are trespassing , you are deemed to be willfully assuming all risks under the occupiers liability act.

Just because there was no sign, doesn't mean you were not trespassing, only means that before you will be charged with trespassing, you would need to be informed verbally to leave, given written notice or signs clearly posted.

One of the best parts of the new law. If it wasn't in there most snowmobile trails in Ontario were going to lose access this fall.

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The only changes to the Trespass to Property Act caused by Bill 100 is:
Trespass to property act 1. Subsection 2 (1) of the Trespass to Property Act is amended by striking out “not more than $2,000” at the end of the portion after clause (b) and substituting “not more than $10,000”.
2. Subsection 12 (1) of the Act is amended by striking out “but no judgment shall be for an amount in excess of $1,000” at the end.
Commencement
3. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

From the Trespass to Property Act:

Prohibition of entry

3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,

(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).

Nothing in the original posted story would support a charge of trespassing if this would have happened in Ontario.

Let me get this straight, if there are no signs , and/or Sec 3 (1) A or B do not apply you cannot be charged with trespassing, in Ontario?

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Originally Posted by fishermccann

Let me get this straight, if there are no signs , and/or Sec 3 (1) A or B do not apply you cannot be charged with trespassing, in Ontario?

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Doesn't seem right but that's how I am reading what he posted as well...

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Originally Posted by fishermccann

Let me get this straight, if there are no signs , and/or Sec 3 (1) A or B do not apply you cannot be charged with trespassing, in Ontario?

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That's correct. A trespasser must be told to leave immediately. If they don't,then,they can be charged. In the instance of hunting,charges of Trespassing to Hunt is covered under the FWCA and apply immediately. The set fine,I believe,is $300.

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Originally Posted by terrym

Often OFSC trail wardens think they own the land. I know of a case where they argued with the actual land owner. That mentality will get you booted off forever.

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It did in the area I hunt. The owner took the land back a couple of years ago due to OFSC stupidity.

So on your 100 acres you must either, plant crops, put up signs or a fence around your property, or stay there to tell people to get out, or they cannot be charged?