Bill 7 - An Act to Amend the Trespass Act

BILL 7

An Act to Amend the Trespass Act

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

1 Section 1 of the Trespass Act, chapter 117 of the Revised Statutes, 2012, is amended

(a) by repealing the definition “authorized person” and substituting the following:

“authorized person” means an occupier or owner of a premises and an agent of the occupier or owner. (personne autorisée)

(b) by repealing the definition “occupier” and substituting the following:

“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

“premises” means any building, structure or land. (lieux)

(d) in the definition “trespass” by striking out “or land”.

2 Section 2 of the Act is amended

(a) by renumbering the section as subsection 2(1);

(b) by adding after subsection (1) the following:

2( 2) This Act does not apply to any person who enters or remains on a premises under an Act of the Legislature or an Act of the Parliament of Canada.

3 The heading “Trespass on premises” preceding section 3 of the Act is repealed and the following is substituted:

Trespass or prohibited activity on certain premises

4 Section 3 of the Act is amended

(a) in subsection (1)

( i) by repealing the portion preceding paragraph (a) and substituting the following:

3( 1) No person shall trespass by motor vehicle or other means or engage in an activity on the following premises if the person has had notice from an authorized person not to trespass or engage in the activity:

( ii) in paragraph (b) of the English version by striking out “or” at the end of the paragraph;

( iii) in paragraph (c) by striking out the period at the end of the paragraph and substituting “; or”;

( iv) by adding after paragraph (c) the following:

(d) any other premises except

( i) a premises referred to in subsection 4.1(1),

( ii) forest land, or

( iii) land referred to in subsection 5(1) or section 6.

(b) by repealing subsection (2) and substituting the following:

3( 2) For the purposes of subsection (1), notice may be given

(a) orally or in writing, or

(b) 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 premises to which the notice applies.

3( 3) A sign posted for the purposes of paragraph (2)(b) giving notice that trespass is prohibited shall bear the words “no trespassing” or words of similar effect, plainly visible and legible.

3( 4) A sign posted for the purposes of paragraph (2)(b) giving notice that an activity is prohibited shall name the activity with an oblique line drawn through the name or show a graphic representation of the activity with an oblique line drawn through the graphic representation.

3( 5) Notice given under this section shall be deemed to have been given by an authorized person until the contrary is proved.

3( 6) Notice given under this section may relate to all or a part of the premises, and different notices may be given in relation to different parts of the premises.

5 The Act is amended by adding after section 4 the following:

Trespass or prohibited activity on lawn, garden or enclosed premises

4.1( 1) No person shall trespass by motor vehicle or other means or engage in an activity, whether or not the person has had notice from an authorized person not to trespass or engage in the activity, on the following premises:

(a) a lawn or garden; or

(b) a premises that is enclosed

( i) by a fence, a natural boundary or a combination of a fence and a natural boundary, or

( ii) in a manner that indicates the intention of the occupier or owner of the premises to keep persons off the premises.

4.1( 2) A person found on a premises referred to in subsection (1) is presumed to be on the premises without the consent of an authorized person.

6 Section 7 of the Act is amended

(a) in subsection (1) of the English version by striking out “he or she” and substituting “the person”;

(b) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “he or she” and substituting “the person”;

( ii) in paragraph b) of the French version by striking out “de s’y maintenir” and substituting “d’y rester”;

7 Section 8 of the Act is amended by striking out “owner or occupier of the land” and substituting “occupier or owner of the premises”.

8 Section 9 of the Act is repealed and the following is substituted:

9 An occupier owes no duty of care to a trespasser, including a trespasser who drives a motor vehicle, is a passenger in a motor vehicle or is towed by a motor vehicle, on the premises of the occupier except the duty not to

(a) create a danger with the deliberate intent of doing harm or damage to the trespasser or their property, and

(b) act with reckless disregard of the presence of the trespasser or their property.

9 Section 10 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

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.

(b) by repealing subsection (2) and substituting the following:

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 The Act is amended by adding after section 10 the following:

Arrest without warrant by peace officer

10.1( 1) A peace officer may arrest without warrant any person found on a premises if the peace officer has reasonable grounds to believe that the person is committing an offence under this Act.

10.1( 2) A peace officer may arrest a person without warrant if the peace officer has reasonable grounds to believe that the person has committed an offence under this Act and has recently departed from the premises and

(a) the person fails or refuses to identify themselves to the peace officer, or

(b) the peace officer has reasonable grounds to believe that the identification given by the person is false.

11 Section 11 of the Act is amended

(a) in subsection (1) by striking out “he or she” and substituting “the peace officer”;

(b) in subsection (3) of the English version by striking out “he or she” and substituting “the Attorney General”.

12 The heading “Offences, penalties and defences” preceding section 12 of the Act is repealed and the following is substituted:

Offences and penalties

13 Subsection 12(3) of the Act is repealed.

14 The Act is amended by adding after section 12 the following:

Defences to trespass

12.1 It is a defence to a charge under this Act that the person charged reasonably believed that they

(a) had title to or an interest in the premises that entitled them to enter on the premises or to do the act complained of, or

(b) had legal justification or the permission of an authorized person to enter on the premises or to do the act complained of.

15 Subsection 14(11) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “he or she” and substituting “the Attorney General”.

16 Section 15 of the Act is amended

(a) in subsection (1) by striking out “subsection 5(1), section 6, subsection 7(1) or section 8 of this Act” and substituting “this Act”;

(b) in subsection (2) by striking out “subsection 5(1), section 6, subsection 7(1) or section 8” and substituting “this Act”.

17 Schedule A of the Act is amended by adding after

3(1)(c) ...............

the following:

	3(1)(d) ...............			C
	4.1(1) ...............			C