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The Petty Trespasses Amendment and Occupiers' Liability Amendment Act

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

S.M. 2021, c. 54

Bill 63, 3rd Session, 42nd Legislature

The Petty Trespasses Amendment and Occupiers' Liability Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Petty Trespasses Act and The Occupiers' Liability Act. The following are the key changes.

Trespass

The Petty Trespasses Act is renamed The Trespass Act.

Under the current Act, a verbal or written warning is required to make out a trespass offence, unless a property is fully enclosed. This Bill amends the Act so that a warning is no longer required if

a property is marked or partially enclosed in a manner that indicates an intention to keep people off the property or animals on it; or

a property falls into a category of property not normally available to members of the public.

An individual who is required to access a property in the course of their employment, such as a peace officer or electrical inspector, is exempt from the requirement to obtain permission before entering.

The arrest powers are aligned with The Provincial Offences Act. A property owner is no longer authorized to perform an arrest.

Occupiers' liability

Under The Occupiers' Liability Act, an occupier of premises has a limited duty of care to persons driving off-road vehicles or to recreational trail users.

This Bill amends the Act to apply the same limited duty of care to anyone 12 years of age or older who

enters on premises for the purpose of committing a criminal act; or

enters on premises that are either not usually available for public use or not usually maintained for public use, such as agricultural land, a closed golf course, a private road or a utility corridor.

(Assented to May 20, 2021)

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

PART 1

THE PETTY TRESPASSES ACT

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

1

The Petty Trespasses Act is amended by this Part.

2

The title of the English version is replaced with "THE TRESPASS ACT".

3(1)

Subsection 1(1) is replaced with the following:

Trespassing offence

1(1)

Subject to subsections (1.1) to (5), a person commits an offence who

(a) enters on any of the following lands or premises without the permission of the owner, tenant or occupier:

(i) lands or premises that are wholly enclosed by means of a fence, wall or natural boundary,

(ii) lands or premises that are partially enclosed, or marked with conspicuously placed signage, in a manner that indicates an intention to keep persons off or animals on the lands or premises,

(iii) a construction site,

(iv) a residential lawn or garden,

(v) a farmyard or storage site for agricultural equipment,

(vi) lands or premises used for the cultivation of crops, the grazing or feeding of animals, the raising of birds or fish, or beekeeping; or

(b) enters on lands or premises other than those referred to in clause (a) after the owner, tenant or occupier has told them not to do so, or remains on the lands or premises after the owner, tenant or occupier has asked them to leave.

3(2)

The following is added after subsection 1(1):

Exemption for public access

1(1.1)

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

(a) uses a pathway to the door of a building that is provided for the purpose of access to the door and is not blocked off by a fence or other enclosure; or

(b) enters or remains on lands or premises to which members of the public are normally admitted without fee or charge.

3(3)

The following is added after subsection 1(3):

Exception for authorized persons

1(3.1)

Subsection (1) does not apply to any of the following:

(a) a peace officer, first responder, emergency services provider, utility meter reader, utility maintenance person, building inspector, gas inspector, electrical inspector or mail carrier, if they are entering or remaining on lands or premises to fulfill their employment duties;

(b) a person entering or remaining on lands or premises to voluntarily provide emergency services;

(c) a person entering or remaining on lands or premises under the authority of an Act of the Legislature or the Parliament of Canada or a regulation made under such an Act, or under an order of a court of competent jurisdiction.

4

Section 2 is repealed.

5

The following is added after section 4:

C.C.S.M. reference

5

This Act may be referred to as chapter T156 of the Continuing Consolidation of the Statutes of Manitoba.

PART 2

THE OCCUPIER'S LIABILITY ACT

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

6

The Occupiers' Liability Act is amended by this Part.

7

Subsections 3(4) and (4.1) are replaced with the following:

Limited duty of care

3(4)

Despite subsection (1), in any of the circumstances set out in subsection (4.1), an occupier of premises owes only the duty

(a) not to create a danger with deliberate intent of doing harm or damage to the person or the person's property; and

(b) not to act with reckless disregard to the presence of the person or the person's property.

When limited duty of care applies

3(4.1)

An occupier of premises owes the duty of care described in subsection (4) to the following persons:

(a) a person who is driving or riding on an off-road vehicle, or is being towed by an off-road vehicle, or is riding on or in a conveyance being towed by an off-road vehicle, on the premises without the consent or permission of the occupier;

(b) a person who is 12 years of age or older and has entered on the premises without the permission of the occupier with the intention of, or for the purpose of, committing a criminal act;

(c) a person who is 12 years of age or older and has entered on any of the following premises without the permission of the occupier of the premises:

(i) premises used for agricultural purposes, including land under cultivation,

(ii) premises used for forestry or grazing purposes,

(iii) vacant or undeveloped land,

(iv) a forested area or wilderness area,

(v) a recreational trail,

(vi) a golf course when not open for playing,

(vii) a private road,

(viii) a utility right-of-way or utility corridor, not including a structure on the right-of-way or corridor.

PART 3

TRANSITIONAL AND COMING INTO FORCE

Transitional

8

Subsections 3(4) and (4.1) of The Occupiers' Liability Act, as enacted by section 7 of this Act, do not apply in respect of a cause of action arising before the coming into force of this Act.

Coming into force

9

This Act comes into force on a day to be fixed by proclamation.