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This is an unofficial archived version of The Petty Trespasses Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
 

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R.S.M. 1987, c. P50

The Petty Trespasses Act

Table of contents

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

Unlawful trespass.

1

Any person who unlawfully enters into, comes upon, or passes through, or in any way trespasses upon, any land or premises whatsoever, being the property of another and being wholly enclosed, or upon or through which he has been requested by the owner, tenant or occupier not to enter, come or pass, is guilty of an offence and is liable, on summary conviction, to a fine of not more than $25. for any such offence, whether any damage has or has not been occasioned thereby; but nothing herein extends to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act of which complaint is made.

Trespasser may be arrested without warrant

2

Any person found committing such a trespass as aforesaid may be apprehended without a warrant by any peace officer, or by the owner of the property on which it is committed, or his servant, or any person authorized by him, and be forthwith taken to the nearest justice, to be dealt with according to law.

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 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 trespass shall be dealt with according to law, in the same manner in all respects as if this Act had not been passed.

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.