The Rural Voice, 1980-08, Page 29THE NEW
PETTY TRESPASS ACT
BY ADRIAN VOS
For more than a decade Ontario farmers
have been complaining about fences
broken and trampled by trespassers;
people shooting cattle; winter wheat
being smothered under the packed snow
caused by snow vehicles and picnickers
leaving plastic bags and glass bottles in the
fields for the farmer to clean up orhis
livestock would die because of it.
But help is on the way. In August the
Ontario legislature is expected to give final
reading to a bill that will make trespassers
liable to $1,000 fines for the kind of
vandalism outlined above.
Ron Jones of Midland, the chairman of
the Ontario Federation of Agriculture's
property committee, and Ron White,
OFA's first vice president, have met for
days with the agriculture committee of the
Ontario legislature, to iron out any
remaining problems with the bill.
Jones told the Rural Voice that the initial
bill was drawn up by the OFA several years
ago, but that no action took place until Bob
Eaton, MPP from Middlesex,introduced it
as a private members bill.
Under the new act a property owner no
longer has to surround his property with
signs that proclaim trespassing is prohibit-
ed and that prosecution will follow. Just as
has been the case in towns and cities, any
unauthorized person intruding upon a
property is automatically a trespasser. He
can be charged as such and what's more, if
he has caused damage, he can be assessed
the damage by the judge who deals with
the trespassing charge, up to a maximum
amount of $1,000. If that is insufficient a
civil suit is called for, just as before. The
cost of the lawyer for the farmer can also be
claimed as damage.
Jones says that there could be excep-
tions to the posting of property. He advises
owners of extensive forest, where the
property could be mistaken for wilderness
or crown property, to put up signs anyway
if people are not welcome.
On the other hand, the new act excuses
the farmer from liability if someone has an
accident on the farm, unless the owner has
set deliberate traps to cause injury.
He can even accept a nominal amount of
money for the use of his property, say for a
snowmobile trail to pass across the land,
without accepting liability for accidents.
If an owner wants to prosecute he is
advised to do so under the new act and not
under the Motorized Snow Vehicle Act of
1974. The last provides only for a $500 fine
and no damages.
Many a farmer who has chased
trespassers off his property for fear of
being liable for any accident, may from
now on let his land be used for recreation
without having to tremble at the thought of
a law suit.
Two ministers open residence
The Honorable Lorne C. Henderson,
Minister of Agriculture and Food and the
Honorable Douglas J. Wiseman, Minister
of Government Services, will officially
open a new student residence at Centralia
College of Agricultural Technology, July
19.
Huron Hall residence, with accommod-
ation for 200 students, is one of the first
Ontario government buildings designed to
reduce energy costs.
The three-storey building features a
solar panel to supply the building's hot
water needs. Heating costs are pared by a
heat exchanger which reduces heat loss
through the ventilation system, and design
features such as double -glazed windowsand
an earth berm which provides additional
insulation. The north -facing wall is built
into a bank of earth, a feature that also
protects the building from prevailing
winter winds.
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THE RURAL VOICE/AUGUST 1980 PG. 27