Bill 205 — Second Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 205 An Act To Protect Private Land From Trespass (Legislature 17, Session 2)

L17 S2 5237

Alberta — Bills

1973 Bill 205 Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 205

An Act to Protect Private Land from Trespass MR. STROMBERG First Reading ........... . Second Reading Third Reading .. Printed by QUEEN'S PRINTER for the Province of Alberta., EDMONTON

BILL 205 1973

AN ACT TO P'ROTECT PRIVA"fE LAND fROM TRESPASS (Assented to ,1973) J-IER MAJESTY, by and with the advice and consent of ... & the Legislative Assembly of Alberta, enacts as follows: 1. This Act may be cited as The Private Land Protec tion Act. 2. In this Act, (a) "'Occupied lands" nleans (

i) privately owned lands under cultivation or en closed by a fence, or (ii) all lands held under a certificate 'Of title, agree ment for sale, 'homestead lease, homestead sale, miscellaneous lease or cultivation le1ase issued under The Public Lands Act, or (iii) Crown land subject to any disposition granted under The Public Lands Act, or (iv) a garden or lawn, or (

v) any land under legal disposition held by an owner, operator or 'Occupant; (b) "occupant" means (

i) a person, other than the owner , who is in actual possession of land, or (ii) a person who is shown on a certificate of title as having an interest in land, or (iii) an operator granted right of entry in respect of land pursuant to a right of entry order, or (iv) in the case of Grown land, a perSlQn shown 'On the records of the Department or other body administering the land as having an interest in the land; (c) "operator" means a person or unincorporated group of persons having the right to work the land or tJhe agent thereof; ( d) "owner" means (

i) the person in whose name a certificate of title has been iSlsued pursuant to The Land Titles Act, or

(ii) where no -certificate of title has been issued, the Crown or other body adminstering the land; ( e) "transport vehicle" means all motorized vehicles, manual'ly propelled means of transport and includ ing hut not restricted to cars, trucks, buses, snow mobiles, bicyde.s, motorcycles, animals, all terrain vehicles of any type and waterborne vehicles wheth er motorized or manually propelled; (f) "licensed activity" shall include activities for which an individual can purchase a licence under The Wildlife Act. 3.

No. person shall trespass any occupied land with'Out written permission or agreement with the occupant 'Or owner or operator. 4. 'Vhere a trespas1s to which this Acta;pplies is com mitted by means of transportation other than walking the pers.on handling the transP'Ort vehide is guilty of the con tra vention of this Act and liable to the fine and suspension of privileges. 5. A person who. Icontravenels

section 3 and whether or not any da1mage is occasioned thereby, is guilty of an of fence and liable on

summaryconvktion to a fine of not more than $300.00 ;and lnsls of the privilege of the licensed activity in which he was engaged at the time of contravent ion of the Act for a period not to ex'ceed three years. 6.

Any person found committing ·a trespass to which this Act applies may be apprehended without warrant by any peace officer, or by the owner, operator or occupier of the land on which the trespass i1scommitted, or the servant of, or any person authorized :by the owner or occupier o.f the land, and may be forthwith taken before the nearest magistrate or justice of the peace to. be dealt with acco.rd ing to. law. 7. A person may be pro.secuted under this Act UPo.n an informatio.n laid by tho.se perso.ns authorized to apprehend without warrant as described in sectio.n 6. 8.

A person providing info.rmation shall have pro.vided sufficient evidence sho.uld he pro.duce hunting licence num bers, vehide registratio.n or licence numbers and including such other identification required by transPo.rt vehicle and hunting permi,ts o.r licences, but not restricted to the above.

9. Nothing in this Act authorizes any magistrate or jus tice of the pe3!ce to hear and determine a case of trespass in which the title to land, or to any interest therein, is caHed in question or affeeted, but every such case shall be dealt with according to law in the 'S~ame manner as if this Act had not been passed. 10.

(1) A trespas.s shall not be deemed enal0ted if a person other than an owner, operator 'Or occupant appre hended on occupied land is in possession of or can produce (

a) written permi1ssion to enter the premises on which he is apprehended for the purpose of the activity he is engaged in at the time of apprehension; (

b) an agreement with the owner, operator or occu pant providing ac,cess to the land on which he is apprehended for various purp'Oses including the activity he is engaged in at the time of apprehen sion

(2) An agreement referred to in subsection (1), clause (

b) may contain any conditions to which the signing parties mutually agree and over which they have control. 11. The Wildlife Act i,s amended (

a) as to

section 14, by adding the word "or"a.t the end of clause (

b) and by adding the following clause: (

c) he prominently displays a permit number issued with the licence; (

b) by striking out

section 23 and by ,substituting the following: 23. No person shall directly or indirectly sell, trade or barter or offer for sale access to any un occupied public lands for the purpose of hunting or trapping any big game or any fur-bearing ani mals or any game bird or pheasant. 12. This Act repeals and replaces The Petty Trespass Act. 13. This Act comes into force on a date or dates to be fixed by Proclamation. 3 Title: 1973 (17th, 2nd) Bill 205,

An Act to Protect Private Land from Trespass

Document details

Collection	Alberta — Bills
Citation	L17 S2 5237
Type	bill
Volume / chapter	L17 S2 5237
Language	en
Format	json
Source	PROVINCIAL
Identifier	9addb43f7ea07798513f831b632f407c24f960bd

Source file is stored in the law ingest library (json).