quote:
Originally posted by breakingclay
The question here is are you "on premises" if not then this act does not apply. It appears in the vast vast majotrity (exceptions like millionaires, power facitlities and logging operartions are very few) you are not. I too am a firm believer in making sure we can use areas we are entitled to use and not have others impede upon this as they have the impression only they should be able to access said areas.
Scott
Definitions
1. (1) In this Act,
“occupier” includes,
(a) a person who is in physical possession of premises, or
(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
even if there is more than one occupier of the same premises; (“occupant”)
“premises” means lands and structures, or either of them, and includes,
(a) water,
(b) ships and vessels,
(c) trailers and portable structures designed or used for residence, business or shelter,
(d) trains, railway cars, vehicles and aircraft, except while in operation. (“lieux”) R.S.O. 1990, c. T.21, s. 1 (1).
You are on premises as soon as you enter someones property.
When I took the Fish and Wildlife Guardian Program course with the MNR our instructor was very precise and informative as to what constituted trespassing. If you are on someones land without their permission you are trespassing, except when you are going to their door. There is a provission for that in the act.
Even floating or walking in the water down a navigable water way you could be tresspassing. If the original deed granted "Millers Rights" giving the occupier the creek bottom and you walk, anchor, tie off to a tree or even portage over a log jam that is coming from their property you can be charged with trespassing.
Stick
"Rivers are living things, sometimes swollen and discoloured, other times thin and anaemic. Spend enough time around a particular river, you learn to read its moods, like a spouse reads a partner."
Gord Ellis ONTARIO OUT OF DOORS