2nd Session, 43rd Legislature

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Bill 222

THE CRIMINAL TRESPASSERS ACT AND AMENDMENTS TO THE OCCUPIERS' LIABILITY ACT

(Assented to                                         )

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

Criminal Trespassers Act

1   The Criminal Trespassers Act set out in Schedule A is hereby enacted.

Occupiers' Liability Amendment Act

2   The Occupiers' Liability Amendment Act set out in Schedule B is hereby enacted.

Coming into force

3(1)   Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

3(2)   The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.

SCHEDULE A

THE CRIMINAL TRESPASSERS ACT

Definitions

1(1)   In this Act, "occupier" and "premises" have the same meaning as in The Occupiers' Liability Act.

More than one occupier

1(2)   For the purpose of this Act, there may be more than one occupier of any premises.

No liability to criminal trespasser

2(1)   Despite section 3 of The Occupiers' Liability Act and any other rule of law, but subject to subsection (2), no action lies against an occupier of premises for the injury or death of a person who is 12 years of age or older if

(a) the person enters onto the premises without the occupier's consent or permission;

(b) the person is present on the premises with the intention of, or for the purpose of, committing a criminal act or the occupier reasonably believes the person is present on the premises with that intention or for that purpose; and

(c) the event that results in the injury or death of the person occurs while the person is on the premises.

Occupier liable in limited circumstances

2(2)   Subsection (1) does not apply if the injury or death is caused by conduct of the occupier that

(a) is wilful and grossly disproportionate in the circumstances; and

(b) results in the occupier being convicted of an offence under the Criminal Code (Canada) that is prosecuted by indictment.

C.C.S.M. c. L150 amended

3   The Limitations Act is amended by adding the following after section 16:

Action by criminal trespasser

16.1   A limitation period established under this or any other enactment does not run in respect of a claim to which section 2 of The Criminal Trespassers Act applies during the period of time beginning when the act or omission on which the claim is based occurs and ending when the occupier is convicted in relation to the act or omission under the Criminal Code (Canada) and all appeals from the conviction have been exhausted.

C.C.S.M. reference

4   This Act may be referred to as chapter C307 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

SCHEDULE B

THE OCCUPIERS' LIABILITY AMENDMENT ACT

C.C.S.M. c. O8 amended

1   The Occupiers' Liability Act is amended by this Schedule.

2(1)   Subsection 3(4) is amended by replacing the part before clause (a) with the following:

Limited duty of care to youth or adult trespasser

3(4)   Despite subsection (1) and subject to section 2 of The Criminal Trespassers Act, when a person who is 12 years of age or older enters premises without the consent or permission of the occupier of the premises, the occupier owes the person only the duty

2(2)   Subsection 3(4.1) is repealed.

Coming into force

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