Trespassing & Property Rights in Ontario

What Is Trespass?

Trespass occurs when a person enters or remains on property without authorization. In Ontario, trespass is both a provincial offence (under the TPA) and a civil tort.

• Entry on enclosed or fenced land is presumed to require permission
• Entry on open land requires actual notice (signs, verbal, written)
• Entering after being given notice to leave is an offence

Giving a Trespass Notice

As a property owner or occupier, you can prohibit or restrict access by:

1. Verbally telling the person to leave
2. Providing written notice (a "ban letter")
3. Posting clearly visible signs at entry points

Once notice is given, any entry is a provincial offence regardless of intent.

Penalties for Trespass

Civil Claims for Trespass

Beyond the provincial offence, a property owner can sue for damages in civil court. Even if no physical damage occurred, courts may award nominal or punitive damages for intentional trespass. Actual damages (crop damage, fence repair, etc.) are also recoverable.

Receiving a Trespass Notice — Your Rights

• A trespass notice is not a criminal charge — it is a restriction on access to specific premises
• You can dispute the notice if it was issued unlawfully or discriminatorily (e.g., based on race, disability — which would be an Ontario Human Rights Code violation)
• A notice does not appear on your criminal record

Trespass vs. Break and Enter

If a person enters a dwelling-house without authorization, this may constitute break and enter under the Criminal Code — a far more serious offence that can result in imprisonment. This is distinct from civil or TPA trespass.