This Act prohibits trespassing on certain posted or otherwise noticed private premises and allows warrantless apprehension of a person found trespassing.
RSNL1990 CHAPTER P-11 PETTY TRESPASS ACT Amended: CHAPTER P-11 AN ACT TO STRENGTHEN SECURITY MEASURES IN RESPECT OF PRIVATE PROPERTY Analysis 1. Short title 2. Trespass on land 3. Liability of driver 4. Apprehension without warrant 5. Jurisdiction limited 6. Saving Short title 1. This Act may be cited as the Petty Trespass Act. 1975-76 No59 s1 Back to Top Trespass on land 2. (1) A person shall not trespass on land that comprises (a) the premises of a shop, store, shopping mall or shopping plaza or the premises used in connection with the preceding for parking or other purposes; (b) the premises of a factory, warehouse, storage area for vehicles, appliances or equipment or a supplier of services, and the premises used in connection with the preceding for parking or other purposes; (c) the premises of a school, vocational school, college, institute, the Memorial University of Newfoundland, the Marine Institute, the various community colleges in the province or the premises used in connection with the preceding facilities for parking or other purposes; or (d) the premises used for another industrial, commercial, business or educational purpose and the premises used in connection with the preceding for parking or other purposes, with respect to which the person has had notice by word of mouth, or in writing or by posters or signboards, not to trespass. (2) In subsection (1), a person has had notice not to trespass when posters or signboards are visibly displayed (a) at places where normal access is obtained to the land; and (b) at fence corners or, where there is no fence, at each corner of the land. (3) A person who contravenes subsection (1), whether or not damage results, is guilty of an offence and liable on summary conviction to a fine of not less than $10 or more than $200. 1975-76 No59 s2; 1977 c4 s1; 1977 c46 s16; 1984 c32 s27; 1990 c62 s19 Back to Top Liability of driver 3. Where a trespass to which this Act applies is committed by means of a motor vehicle within the meaning of the Highway Traffic Act, the driver of the vehicle is guilty of the trespass and liable to the penalty. 1975-76 No59 s3 Back to Top Apprehension without warrant 4. A person who is found committing a trespass to which this Act applies may be apprehended without warrant by a peace officer or by (a) the owner or occupier of the land on which the trespass is committed or his or her employee; or (b) a person authorized by the owner or occupier of the land, and taken immediately before the nearest Provincial Court judge to be dealt with according to law. 1975-76 No59 s4 Back to Top Jurisdiction limited 5. Nothing in this Act authorizes a Provincial Court judge to hear and determine a case of trespass in which the title to land, or to an interest in land, is called in question or affected, but those cases shall be dealt with according to law in the same manner as if this Act had not been enacted. 1975-76 No59 s5 Back to Top Saving 6. Nothing in sections 2 and 3 extends to a case where the person trespassing acted under a fair and reasonable belief that he or she had a right to do the act complained of. 1975-76 No59 s6