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UER Forum > Canada: Ontario > A Guide to Ontario's Trespassing Law (Viewed 123316 times)
Capt Canada 


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Re: A Guide to Ontario's Trespassing Law
< Reply # 20 on 6/7/2009 8:29 AM >
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Posted by rz350
and remember, for them folks that like to explore old military facilities. if it is still DND property, all persons, vehicles and property are subject to warrantless search at anytime, for any reason.

In addition to tresspass laws under the NDA which are a bit different from provinical ones.

depending on the facility and its SOP's and routine orders, the use of force could be nasty.

if caught on DND property, co-operate like a submissive little biatch, as you've lost most of your rights just by being there.


That is, and isn't true... DND does not own any land. It is either federal land, land leased from the province or lease from a private person/company by the crown. The Minister of National Defense assigns an appropriate security designation to the site/building/office. Any active defense establishment has such a designation, which also dictates what time of security procedures are in place.

Military Police must have a reason to approach someone and subject them to a search without warrant. For example if you walked into a recruiting center that was in a shared gov't facility (as many are), you can't suddenly be search with out cause.

Trespassing on federal land falls under federal laws. Generally you'll be given a summons court to sort out what you were doing and what your find should be.

Although its not known among many soldiers, any member of the Canadian Forces, who is fulfilling their duties to protect land, buildings or equipment, etc... is acting as a 'peace officer' and can detain and arrest someone. Although its rare that soldiers are actually given this power/authority.

And I'd be willing to bet that you'd find anywhere in Canada including outside the military, where the use of force would be 'nasty'. Unless you continued breaking into something after repeated attempts to be stopped. No one is going to shoot you if you run home, anywhere in Canada.




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Re: A Guide to Ontario's Trespassing Law
< Reply # 21 on 6/8/2009 2:10 AM >
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^ I know any troop acting in a security role is designated a peace officer.

and I said DND land to keep it simple, instead of the long and confusing manner of dnd facilities and who "owns them"

but if you look out of place, you can be searched wartenlessly, for any reason at all.

a recruiting centre is a bit of a different story...I was referring to off limits installations that the public has no offical/legal reason being there.

and basically trying to get the message across, that on dnd facilities, the laws are VERY different, and be prepared for that/go do what your doing with at least an outline of the potential consequences.

NATIONAL DEFENCE ACT

REGULATIONS RESPECTING ACCESS TO, EXCLUSION FROM AND SAFETY AND CONDUCT OF PERSONS IN, ON OR ABOUT ANY DEFENCE ESTABLISHMENT, WORK FOR DEFENCE OR MATERIEL

SHORT TITLE

1. These Regulations may be cited as the Defence Controlled Access Area Regulations.

INTERPRETATION

2. In these Regulations,

“controlled access area” means any defence establishment, work for defence or materiel and includes any restricted area within such place or materiel; (secteur d'accès contrôlé)

“designated authority” means the Minister, the Chief of the Defence Staff or the officer in command or person in charge of a controlled access area; (autorité compétente)

“pass” means an authorization to enter a controlled access area in accordance with section 5; (laissez-passer)

“security guard” means

(a) a peace officer,

(b) a member of the Corps of Commissionaires,

(c) an officer or non-commissioned member, or

(d) an employee or other person engaged directly or indirectly by the Canadian Forces or the Department

to whom a designated authority has assigned duties relating to the enforcement of these Regulations. (garde de sécurité)

APPLICATION

3. These Regulations apply to all persons except those who are subject to the Code of Service Discipline.


i.e. your random civi

PART I

ACCESS TO AND EXCLUSION FROM A CONTROLLED ACCESS AREA

4. Every person is prohibited from entering, exiting or remaining in or on any controlled access area except in compliance with these Regulations.

5. (1) No person shall enter a controlled access area without first obtaining a pass where a designated authority requires that a pass be obtained prior to entry.

(2) Where a designated authority or a security guard authorized by the designated authority to grant passes has reasonable grounds to believe that it is necessary for the purpose of maintaining security or preserving the routine, administration or order in, on or about a controlled access area, the designated authority or the security guard may delay the issue of or refuse to grant a pass and may withhold or revoke a pass.

6. (1) Notwithstanding any other provision of these Regulations, where a designated authority has reasonable grounds to believe that it is necessary for the purpose of maintaining security or preserving the routine, administration or order in, on or about a controlled access area, the designated authority may prohibit any person from entering a controlled access area by notice in writing to the person specifying

(a) the period for which the prohibition is in effect; and

(b) the reason or reasons for the prohibition.

(2) No person shall enter a controlled access area during any period that the person has been prohibited from doing so under subsection (1).

7. A pass shall be valid only for the person to whom it is granted and for the purpose, period and specific controlled access area for which it is granted.

8. Every person to whom a pass is granted, other than a person to whom a pass is granted orally, shall

(a) retain it in his possession at all times while in or on the controlled access area except when required to surrender it;

(b) produce it on the demand of a security guard as often as may be required while remaining in or on the controlled access area;

(c) surrender it to any security guard and immediately leave the controlled access area on the demand of the security guard; and

(d) surrender it in the manner provided for by the designated authority on its revocation or expiration.

SOR/90-686, s. 1(F).

9. Every person shall

(a) enter and exit a controlled access area only by way of an established entrance or exit or such other way as may be authorized by a designated authority;

(b) comply with every direction given by or under the authority of a designated authority, including every written or printed direction contained in a pass and any written or printed notice, direction, rule, regulation or order displayed in, on or about a controlled access area; and

(c) immediately leave a controlled access area on the demand of a security guard.

10. Every person found in or on a controlled access area in contravention of these Regulations may be removed therefrom by a security guard, but the security guard shall use only such force as is necessary and that removal shall be without prejudice to any other proceedings that may be taken.

PART II

SEARCH

11. As a condition of being given access to any defence establishment, work for defence or materiel, every person shall, on the demand of a security guard, submit to a search of his person or personal property while entering or exiting any such place or materiel or any restricted area within such place or materiel
.

12. Where a person refuses to submit to a search of his person or personal property when required to do so pursuant to section 11, the person may

(a) if the person is seeking entry, be denied access; or

(b) if the person is exiting, have his person and his personal property searched by a security guard who shall use only such force as is necessary for that purpose.

13. Except where there are reasonable grounds to believe that an immediate search is necessary to maintain security or to prevent danger to the safety of any person, a search of a person shall be carried out only by a person of the same sex.

14. A security guard may search without warrant any personal property about a controlled access area where the security guard has reasonable grounds to believe that the personal property is or may contain anything that is likely to endanger the safety of any person within the controlled access area.

PART III

SAFETY AND CONDUCT OF PERSONS

15. No person shall break down, damage, weaken or destroy any gate, fence, post, barrier, building or structure in or on a controlled access area.

16. No person shall remove, obliterate, deface or destroy any written or printed sign, notice, direction, rule, regulation or order that is posted, attached or affixed to or on any gate, fence, post, barrier, building or structure in or on a controlled access area.

17. Except with the prior consent of a designated authority, no person shall attach or affix anything to or on any gate, fence, post, barrier, building or structure in or on a controlled access area.

18. No person shall cause or participate in any disturbance while in, on or about a controlled access area.

19. Except with the prior consent of a designated authority, no person shall convey or cause to be conveyed alcoholic beverages into, within or from a controlled access area.

20. No person shall be in an intoxicated condition in or on a controlled access area.

21. Except with the prior consent of a designated authority, no person shall bring into or have on any controlled access area any photographic equipment or any recording or transmitting device
[\quote]

bill c-55

(12) The Canadian Forces may permit, control, restrict or prohibit access to a controlled access military zone.



Unauthorized entry

(13) A person found in a controlled access military zone without authorization, and any animal, vehicle, vessel, aircraft or other thing under the person's control, may be forcibly removed by any authorized person, officer or non-commissioned member.


"security guard" means any peace officer, security policeman, provost, military policeman or member of the Corps of Commissionaires, and includes any officer or man of the Canadian Forces or employee of the Department of National Defence or of the Defence Research Board who has been assigned duties relating to the enforcement of these Regulations. (agent de sûreté)
28.(1) Every security guard is authorized to arrest without warrant any person found committing any criminal offence or infraction of these Regulations on or with respect to any defence establishment or whom on reasonable and probable ground he believes to have committed such offence or such infraction.



so yes, you can indeed be searched....just look at the big signs at the gates to your local armoury stating thus.

I was meaning the nasty use of force the same way you are, if your breaking shit and refuse to stop, except something unpleasant. and remember, no one but the MP's have a non lethal force option.

its just a little heads up that you may wish to be a) more careful and b) comply with whoever is telling to do whatever.


and its not rare that a trooper is appointed a peace officer, IIRC, any member assigned to a security duty is automatically appointed as such, for the duration of the time their primary duty is security.

and cameras and such are a bad idea...



[last edit 6/8/2009 3:12 AM by rz350 - edited 4 times]

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Re: A Guide to Ontario's Trespassing Law
< Reply # 22 on 6/16/2009 3:18 PM >
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If I were caught climbing into an abandonned airplane sitting in a field and I was caught by a very angry security guard. All I would have to do would be to pay a $65 fine? The airplane has a sign on it saying no trespassing (by order of ministry of transportation).




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Re: A Guide to Ontario's Trespassing Law
< Reply # 23 on 6/19/2009 2:49 PM >
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Thank you. Being new to all this, I'm happy to see what can be expected.




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Re: A Guide to Ontario's Trespassing Law
< Reply # 24 on 6/19/2009 11:50 PM >
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Posted by C-GXFA
If I were caught climbing into an abandonned airplane sitting in a field and I was caught by a very angry security guard. All I would have to do would be to pay a $65 fine? The airplane has a sign on it saying no trespassing (by order of ministry of transportation).


only if he arrested you, called the police, and the police issued the ticket. He can not issue one. he can arrest you and call the police, or remove you from the property, penalty free.





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Re: A Guide to Ontario's Trespassing Law
< Reply # 25 on 6/20/2009 5:48 PM >
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I'd be cautious around an airport. If its some ghetto airport like Markham Airport, whatever. But you don't want to caught on the wrong side of the fence around any airport that screens passengers.

Mind you I've found a very simple way to get into terminal one at Pearson, with out going through security, or going through any locked doors or prohibited areas. Now I meet my friends at the Gate when I pick them up.




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Re: A Guide to Ontario's Trespassing Law
< Reply # 26 on 6/24/2009 10:55 PM >
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^

yeah, be careful with airports, esp serious ones/ones that can take heavies.

if its just a old plane in a yard that isn't an airport? then I guess the worst you can get is arrest and $65.00




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Re: A Guide to Ontario's Trespassing Law
< Reply # 27 on 6/25/2009 1:58 AM >
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Posted by Capt Canada
I'd be cautious around an airport. If its some ghetto airport like Markham Airport, whatever. But you don't want to caught on the wrong side of the fence around any airport that screens passengers.

Mind you I've found a very simple way to get into terminal one at Pearson, with out going through security, or going through any locked doors or prohibited areas. Now I meet my friends at the Gate when I pick them up.


Whoa!? How do you manage that??? Please tell me how.




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Re: A Guide to Ontario's Trespassing Law
< Reply # 28 on 6/25/2009 2:01 AM >
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Posted by rz350
^

yeah, be careful with airports, esp serious ones/ones that can take heavies.

if its just a old plane in a yard that isn't an airport? then I guess the worst you can get is arrest and $65.00


It's not IN the airport fence. It's in behind the NRC hangar (which is surrounded by a barbed wire fence) but the gates are always open, and there's a bus route in there so it's not exactly high security.

But he can't fine me any more than $65? ...Providing all I'm doing is trespassing and not breaking or stealing anything.





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Re: A Guide to Ontario's Trespassing Law
< Reply # 29 on 6/25/2009 2:17 AM >
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Please keep in mind the Public Works Protection Act.

This covers any railway, canal, highway, bridge, power works including all property used for the generation, transformation, transmission, distribution or supply of hydraulic or electrical power, gas works, water works, public utility or other work, owned, operated or carried on by the Government of Ontario or by any board or commission thereof, or by any municipal corporation, public utility commission or by private enterprises.

It also covers any provincial and any municipal public building, and any other building, place or work designated a public work by the Lieutenant Governor in Council. (“ouvrage public”) R.S.O. 1990, c. P.55, s. 1.

Translation: hydro plants, water treatment plants, Service Ontario buildings, Government buildings


5.(1)Every person who neglects or refuses to comply with a request or direction made under this Act by a guard or peace officer, and every person found upon a public work or any approach thereto without lawful authority, the proof whereof lies on him or her, is guilty of an offence and on conviction is liable to a fine of not more than $500 or to imprisonment for a term of not more than two months, or to both.

If the airport is considered a municipal public building (and I think it would qualify) then there are more serious fines and consequences.

Source: http://www.e-laws....atutes_90p55_e.htm




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Re: A Guide to Ontario's Trespassing Law
< Reply # 30 on 6/29/2009 5:46 AM >
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Very interesting about the Public Works Protection Act. There is also a section of the Criminal Code on aircraft 77.

But I have a comment about your introduction. I've looked through the criminal code and couldn't find where it says that breaking & entering is a crime ). There is a section on breaking & entering with intent, where intent has to be proven. In fact there is very little difference between trespassing and break & entry as I see it:

(b) a person shall be deemed to have broken and entered if

(i) he obtained entrance by a threat or an artifice or by collusion with a person within, or

(ii) he entered without lawful justification or excuse, the proof of which lies on him, by a permanent or temporary opening

end of quote.

Of course there are other sections: if you used some "artifice" which required a tool there is 351 for you. If you broke something while entering there is section 430 and others.

I don't practice law, so I don't know how these section are actually applied.




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Re: A Guide to Ontario's Trespassing Law
< Reply # 31 on 8/3/2009 10:39 AM >
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^ it has alot to do with when/where/why you are in the spot your in, and the mood of the officer, sadly, unless its a huge open door or such, it can argued to BnE and not tresspass




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Re: A Guide to Ontario's Trespassing Law
< Reply # 32 on 8/22/2009 9:48 PM >
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The Public Works Protection Act is my fav

Basically it applies to everything public -- incluiding roads and sidewalks.

You can be stopped, searched and ID'd for *any* reason while on same.

Also let's not forget guys.

When a Police Officer gives you a trespass ticket, he DOES have another option.

If he/she believes you either won't pay the ticket or show up for court to defend it -- they CAN issue a summons instead. That isn't a ticket, its a subpoena saying you must show your ass in court.

If he/she believes you won't show, they can remand you -- this means arrest, and thrown in jail until your court date.

Do you really want that for a $75 ticket?

Co-operate, show your ID, don't be a dick, take your ticket and say thank you.




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Re: A Guide to Ontario's Trespassing Law
< Reply # 33 on 8/22/2009 11:30 PM >
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or he can arrest you if you really thinks you wont show up in court.

Deemed arrest

(3) A police officer to whom the custody of a person is given under subsection (2) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and bail. R.S.O. 1990, c. T.21, s. 9 (3).

Arrest without warrant off premises

10. Where a police officer believes on reasonable and probable grounds that a person has been in contravention of section 2 and has made fresh departure from the premises, and the person refuses to give his or her name and address, or there are reasonable and probable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant. R.S.O. 1990, c. T.21, s. 10.

and it can be more then 75 bucks

Damage award

12. (1) Where a person is convicted of an offence under section 2, and a person has suffered damage caused by the person convicted during the commission of the offence, the court shall, on the request of the prosecutor and with the consent of the person who suffered the damage, determine the damages and shall make a judgment for damages against the person convicted in favour of the person who suffered the damage, but no judgment shall be for an amount in excess of $1,000. R.S.O. 1990, c. T.21, s. 12 (1).


public works protection

Powers of guard or peace officer

3.A guard or peace officer,

(a) may require any person entering or attempting to enter any public work or any approach thereto to furnish his or her name and address, to identify himself or herself and to state the purpose for which he or she desires to enter the public work, in writing or otherwise;

(b) may search, without warrant, any person entering or attempting to enter a public work or a vehicle in the charge or under the control of any such person or which has recently been or is suspected of having been in the charge or under the control of any such person or in which any such person is a passenger; and

(c) may refuse permission to any person to enter a public work and use such force as is necessary to prevent any such person from so entering. R.S.O. 1990, c. P.55, s. 3.

Statement under oath to be conclusive evidence

4.For the purposes of this Act, the statement under oath of an officer or employee of the government, board, commission, municipal or other corporation or other person owning, operating or having control of a public work, as to the boundaries of the public work is conclusive evidence thereof. R.S.O. 1990, c. P.55, s. 4.

Refusal to obey guard, etc.

5.(1)Every person who neglects or refuses to comply with a request or direction made under this Act by a guard or peace officer, and every person found upon a public work or any approach thereto without lawful authority, the proof whereof lies on him or her, is guilty of an offence and on conviction is liable to a fine of not more than $500 or to imprisonment for a term of not more than two months, or to both.

Arrest

(2)A guard or peace officer may arrest, without warrant, any person who neglects or refuses to comply with a request or direction of a guard or peace officer, or who is found upon or attempting to enter a public work without lawful authority. R.S.O. 1990, c. P.55, s. 5.




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Re: A Guide to Ontario's Trespassing Law
< Reply # 34 on 8/25/2009 2:36 AM >
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what do the laws say about security guards carrying guns while on the job?
How legal/illegal is that?
And what if, say, it's a pellet gun that looks like a revolver, but the security guard tells you "You're lucky I didn't have my .38 on me tonight" and continues to insinuate that he in fact would have no problem shooting you in the back with a pellet gun if you had tried to run from him....

*ahem* hypothetically speaking, of course.





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Re: A Guide to Ontario's Trespassing Law
< Reply # 35 on 8/25/2009 6:07 AM >
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Posted by abandoned-echoes
what do the laws say about security guards carrying guns while on the job?
How legal/illegal is that?
And what if, say, it's a pellet gun that looks like a revolver, but the security guard tells you "You're lucky I didn't have my .38 on me tonight" and continues to insinuate that he in fact would have no problem shooting you in the back with a pellet gun if you had tried to run from him....

*ahem* hypothetically speaking, of course.




For most guards it's legal in as much as they can carry off duty, on duty, whatever. There are some laws that make it possible to have guards w/ sawed off shotguns and the like though.

And they can have pellet guns, but it's a dickish thing to do, and they can insinuate, and that's a dickish thing to do too, but legal. F(ck with them for not having an orange tip, as required by law. That's a dickish thing for you to do.




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Re: A Guide to Ontario's Trespassing Law
< Reply # 36 on 8/25/2009 11:03 AM >
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Here in Ontario, security guards can carry a firearm (Glock 22 in my case) for a couple of specific purposes. They have to be engaged in the protection of money or negotiable goods.

Examples of this include cash escorts (think Brinks), guarding valuable items (think a jewlery store), escorting negotiable items (think TTC fare tickets), and in some rare cases, protecting vulnerable VIPs (the CEO of Atomic Energy, for example, has an armed officer with him).




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Re: A Guide to Ontario's Trespassing Law
< Reply # 37 on 8/25/2009 11:46 PM >
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Posted by exkalibur
Here in Ontario, security guards can carry a firearm (Glock 22 in my case) for a couple of specific purposes. They have to be engaged in the protection of money or negotiable goods.

Examples of this include cash escorts (think Brinks), guarding valuable items (think a jewlery store), escorting negotiable items (think TTC fare tickets), and in some rare cases, protecting vulnerable VIPs (the CEO of Atomic Energy, for example, has an armed officer with him).


And I think Ontario requires you to fill out a form if you use "tools of excessive force" too.





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Re: A Guide to Ontario's Trespassing Law
< Reply # 38 on 8/26/2009 1:59 AM >
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Close. The law requires us to complete a "use of force report" every time we use force greater than "physical control - soft". Basically that means anything above using your hand to physically move someone. The use of handcuffs, ASP baton, OC spray, sidearm, etc...all require a use of force report. This applies to Security Guards, Private Investigators, Special Constables, Provincial Constables and Federal Police Corporals.




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Re: A Guide to Ontario's Trespassing Law
< Reply # 39 on 8/26/2009 2:30 AM >
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yeah, no security guard guarding a site will be allowed to have a weapon. Except the ones at nuclear plants and soldiers assigned as "security guards" on a DND facility(or anywhere they are assigned to protect, vis a vis olympics 2010) (I guess a police officers protecting a location for some reason like a court house you could kind of call guards and obviously can be armed with a fire arm) but none of your run of the mill guards can, only cash or valuable assets escort.




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