The Trespass to Property Act (2009) is provincial legislation that prohibits trespassing under certain conditions. It allows for property owners to outline prohibited activities on their property and, if contravened, the occupier (the property owner) can ban a person from entering their property. If an occupier (property owner) chooses to ban a person, police can issue a Summary Offence Ticket to those who ignore the ban. This legislation allows business owners an avenue to proactively deal with ongoing problem patrons in a non-criminal way.
In order for police to issue a ticket under this legislation, there are certain criteria that must be met:
-the business must have a customized ban form
-the person has to be banned for a specified period of time.
-the “activity” that led to the ban must be described.
-the business owner or employee has to make attempts to identify the person: asking for identification, have video or photos.
If a banned person does re-attend the business, the police can issue a ticket for “entering a premise when entry is prohibited” under the Trespass legislation. This ticket has a voluntary payment of $250.00.
A template of a ban form that meets the requirements of the legislation is below.
The Act can be found: https://pubsaskdev.blob.core.windows.net/pubsask-prod/35417/T20-2.pdf