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The Trespass Act
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This version is current as of November 25, 2021.
It has been in effect since October 15, 2021.

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C.C.S.M. c. T156

The Trespass 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 (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.

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.

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 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.

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; S.M. 2021, c. 54, s. 3.

2

[Repealed]

S.M. 1992, c. 21, s. 3; S.M. 2021, c. 54, s. 4.

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.

C.C.S.M. reference

5

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

S.M. 2021, c. 54, s. 5.