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The Petty Trespasses Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of June 22, 2017.
It has been in effect since June 16, 2005.

Note: Earlier consolidated versions are not available online.


 

C.C.S.M. c. P50

The Petty Trespasses Act

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

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 $5,000.

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.

S.M. 1992, c. 21, s. 2; S.M. 2005, c. 42, s. 29.

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.

S.M. 1992, c. 21, s. 3.

Act not to affect any case involving title to land

3           Nothing in this Act authorizes any justice to hear and determine any case of unlawful entry or trespass in which the title to land, or any interest therein or accruing thereupon, is called in question or affected in any manner howsoever; but every such case of unlawful entry or trespass shall be dealt with according to law, in the same manner in all respects as if this Act had not been passed.

S.M. 1992, c. 21, s. 4.

Where no offence under Act

4           Any person who, on any walk, driveway, roadway, square or parking area provided outdoors at the site of or in conjunction with the premises in which any business or undertaking is operated and to which the public is normally admitted without fee or charge, communicates true statements, either orally or through printed material or through any other means, is not guilty of an offence under this Act whether the walk, driveway, roadway, square or parking area is owned by the operator of that business or undertaking or by any other person or is publically owned, but nothing in this section relieves the person from liability for damages he causes to the owner or occupier of the property.