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The Petty Trespasses Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 1992, c. 21

The Petty Trespasses Amendment Act

(Assented to June 24, 1992)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P50 amended

1           The Petty Trespasses Act is amended by this Act.

2           Section 1 is repealed and the following is substituted:

Trespassing offence

1(1)        Subject to subsections (2), (3), (4) and (5), any person

(a) who unlawfully enters or in any way trespasses upon lands or premises that are the property of another and are wholly enclosed; or

(b) who enters or in any way trespasses upon lands or premises that are the property of another and are not wholly enclosed, after being requested by the owner, tenant or occupier not to do so, or who, having entered the lands or premises or committed the trespass, refuses to leave upon being requested by the owner, tenant or occupier to do so;

is guilty of an offence, whether or not any damage has been occasioned by the entry or trespass, and is liable on summary conviction to a fine of not more than $25.

Request of person in actual occupation

1(2)        Where lands or premises are occupied, clause (1)(b) does not apply unless the request there mentioned is made by or with the approval of the person in actual occupation of the lands or premises.

Exception in case of resident

1(3)        Clause (1)(b) does not apply in the case of a person who

(a) ordinarily resides on the lands or premises there described; or

(b) if not ordinarily residing on the lands or premises there described, is at the material time residing thereon with the express or implied consent of the owner, tenant or occupier of the lands or premises.

Exception where honest belief

1(4)        Subsection (1) does not apply where a person entering or trespassing upon the lands or premises there described is acting under an honest and reasonable belief that he or she has the right to do the act complained of.

Application to religious communities

1(5)        In this section, the expression "owner, tenant or occupier", where used with respect to lands or premises occupied by a religious organization or religious community as owner, tenant or occupier the by-laws, articles or a resolution of which authorize one or more officials of the organization or community to act on its behalf in preventing or controlling disorderly conduct, loitering, nuisances, and other disruptive behaviour on the lands or premises, means such an official or officials acting in accordance with those by-laws or articles or resolution.

3           Section 2 is repealed and the following is substituted:

Arrest without warrant

2           Any person found committing an offence under section 1 may be apprehended without a warrant by any peace officer, or by the owner, tenant or occupier of the lands or premises on which the offence is committed or by any person authorized by the owner, tenant or occupier, and shall be taken to the nearest justice as soon as reasonably practicable to be dealt with according to law.

4           Section 3 is amended by striking out "trespass" wherever it occurs and substituting "unlawful entry or trespass".

Coming into force

5           This Act comes into force on the day it receives royal assent.