Ontario Grain Farmer October 2021

(J.M.) WHAT REGULATIONS PROTECT ONTARIO FARMS FROM TRESPASSERS? (D.G.) There are two main pieces of legislation that govern trespassing in Ontario — Trespass to Property Act, 1990 and Security from Trespass and Protecting Food Safety Act, 2020. Under the Trespass to Property Act, trespassing is defined as anyone who enters private property, including farmland, without the owner’s permission, or who doesn’t abide by lawful activities. This includes unauthorized access of motorized vehicles, like ATVs and snowmobiles. Trespassing on farms is like trespassing on any other private property, prior consent is required from the owner for someone to be allowed on the property. If you ask a trespasser to leave your property and they fail to do so, the trespasser can be found guilty of an offence under the act. The Security from Trespass and Protecting Food Safety Act is specific to farms and other properties where farm animals are located. This is a new piece of legislation, enacted in December 2020, to protect farm properties that raise and house livestock from the risks associated with trespassing. It establishes “animal protection zones” on farms, animal processing facilities, and other areas defined in the act. Trespassers found guilty of an offence under this act are subject to penalty fines and can be held responsible for any injury, losses, or damages that occurred as a result of their actions. Another regulation farm owners should be aware of is the Occupiers’ Liability Act, 1990. This is a complement to the Trespass to Property Act that sets out “duties of care” for the landowner of the property. These two pieces of legislation work together to protect the rights of property owners in the event of unwanted visitors on the farm. WHAT ARE THE PENALTIES FOR TRESPASSING ON FARM PROPERTY? The Trespass to Property Act, was updated in 2016 to increase maximum fines and remove the limit on damage awards. Anyone guilty of an offence under this legislation is subject to a fine of no more than $10,000. When a trespass case is presented in court, the property owner can request payment for damages caused by the trespasser. There is no limit on the amount that can be claimed for damages, but the property owner will need to demonstrate that the amount reflects the damages caused by the trespass incident. Offences under the Security from Trespass and Protecting Food Safety Act follow differing penalties, including maximum fines of $15,000 for a first offence and $25,000 for any subsequent offence. ANY ADVICE FOR DEALING WITH TRESPASSERS IN PERSON? How you conduct yourself when confronting a trespasser in person is critical. If you are asking someone to leave your property, be sure to communicate the message in a clear and concise manner by informing them that they are trespassing on private property and ask them to leave. Remember to stay calm, and avoid any additional engagement, like conversations, arguments or confrontation. If you are concerned, contact the police and inform the trespasser that the police have been alerted. Never use force when dealing with trespassers. Record information about the incident, like details of the conversation, date and time, description of the person(s), vehicles, etc. This could come in handy if police are involved or if repeated incidents occur. DO YOU HAVE ANY TIPS TO DETER OR PREVENT TRESPASSERS ON FARMS? Be proactive — get to know your local police officers before you need them. Make a point of stopping by your local detachments to introduce yourself and tell them about your farm. Get their names, and keep in regular contact. Post signage — deter visitors by posting signs that are clear and indicate what is and isn’t allowed on your property at all entry points. Signs that say “No Trespassing” will prohibit all activities on your property. Know your rights and understand trespassing offences — get to know the Trespass to Property Act, Occupiers’ Liability Act, and the Security from Trespass and Protecting Food Safety Act (if you have livestock). Understand your obligations as a landowner, and if you have a trespassing incident, tell the police which pieces of legislation you’re dealing with when you call. Alert the police — trespassing incidents are often unreported because landowners don’t believe police will respond. While this may be true if the trespass concern is a lower priority compared to other reports at the time, the incident still needs to be reported to create a record. Jeanine Moyer Danie Glanc, Farm Policy Analyst, Ontario Federation of Agriculture Trespassing regulations BUSINESS SIDE WITH... Business side 28