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Home My WebLink AboutThe Huron Expositor, 1980-09-18, Page 23HE H.u.o.q by the HerkorOle Rt ROY AttotorliPeoenti` ' e for Ontario - The boratio Lelifielteture recently Pasted legislation designed by imy Ministry to Increase the protection of Privateproperty and facili- tate central of :activities on Private property by -the own- ers and occupiers of that ProPertY.' ' The new legislation came into effect September eth of this year. The Occupiers' Liability Ace governs and clarifies the Hability an owner or occupier bears towards those ,who enter his land. The Trespass to Property Act substantially increases -the- protection-pro-- vided owners or occupiers from trespass to their land.' The Acts are intended not only to provide increased protection for owners but also to encourage owners and occupiers to permit controll- ed access to the parts of their property suitable for recrea- tional activities. The general approach of the two Acts is to preserve and expand the traditional relationship of cordiality be - Safety' Council researc busing - Every province in Canada has a law requiring motorists to stop for school buses taking ' on or discharging passengers. The bus lights must be flashing, demanding attention, and drivers stop no matter which direction they nay be travelling (except in the case of a divided high- way). The law, the teachin , nd the flashing lights on the ig yellow school bus all combine to give children a sense of security. , • One might be tempted to say: "a false sense of security"! Yet, surely, only the most careless and callous would drive pest a stationary school bus full tilt. Ordinary drivers surely wouldn't. Would they? According to the Canada Safety , Council, based on reports received from school transportation authorities. the -unfortunate ansvecr Is that they can. and they do. Frequently. • And the Canaea Safety Council wants to know "why"? Because special sa- fety programs like School Bus Safety Week (24-30 September )to be truly effect- ive. it is necessary .to krow what causes problems. Overloads of visual illfOrth- Blinn from neon signs. other fights, and traffic signals may be a contributing factor in urban areas, but not on mettry roads.. Scene drivers may be pre -occupied. others Impaired by drinking or dregs, and a few plain eyeless. But none of these answers really appears to be the answer to a severe problem. Canadian childeen deserve answers. Researc8 is inepera- tive if they ate to be properly protected. Even week more and re peripte diseeeer %veal bs are aceom shed be tow cost Huron Expositor Want Ads Dial 527.0240. tween benevolent land-pwn- ers andnonprofit recreation- al clubs. , By clacifying, occupiers' liability' and allowing for reduced 'liability.. toWar0,' non-paying reareatiOnat. en- trants Moet rurarPrOetty. we hope to encourage rural land -owners to permit resp- onsible iecreationaliits con- trolled entry to suitable parts of their -property. ' The Occupiers' Liability Act was enacted to Solve two major problems. The first was that the ole mw as it evolved through courts deci- sions had become out of date and too ,complex to he understood by the public. The second --reason- -for- reform was that the old law discouraged owners and oc- cupiers of rural land from permitting recreational acti- vities of their property be- catise they feared being sued by persons who might injure themselves. The new law overcomes these problems. It sets out a basic duty of 'care for land owners and occupiers, requi- ring them to do what is reasonable in all circums- tances to see that persons entering their premises or property are not injured by the condition of the prethises • or by activities on 'the premises. The key word' here is "reasonable." This will depend on the circumstances but in all cases the standard that will be applied is what a reason- able person would do in similar circumstances. , Under no circumstances is an occupier free to create a deliberate dangei to an ent- rant or his property or to act in a manner that a reason- able person would know is likely to cause injury to the entrant. As I've indicated, The Occupiers' Liability Act es- tablishes a basic duty of care. Bet at the same time it recognizes that this basic duty should not extend to the following types of entrants: le order to assume a risk, ' the entrant must keow the possible dangers and freely choose to accept the chances of injury. An example of this would be a spectator at a hockey game who is hit by a PoCk flying into the stands. If There was no intent to injure the spectator, the arena management and players Would probably not be held liable. Persons who enter for criminal purposes.' These persons are consid- ered under the Act to have willingly assumed the risk of being on the premises. It should be remembered, how- ever, that the occupier can- not createa- danger with the deliberate intent of harming a person, The law does not permit anyone, except in self-defence. Non-paying recreational nserte of rural land. The Act states that those who take their recreation without paying a fee will take care for their Ten' safety. Such people are d,eemed by the law to willingly have assumed the risks. - The new law accords with the attitude of self-reliance held by experienced recrea- tional users of rural land: they take the environment as they find it. This is the section of the legislation designed to encourage rec- reational uses such as hiking. These have been hampered in recent years by the liability concerns of some owners. A non-paying recreational entrant assumes the risk when he enters onto rural premises used forIgricultur- al purposes, onto vacant or undeveloped premises and forested or Wilderness prem- ises, onto golf courses when not open for playing, utility rights of way, unopened road allowances. private roads marped as such and recrea- tional trails marked as such. The remaining class of entrants to rural land to which the basic duty of care . ..... , care BUILDING CENTRE Build or Repair with Sainte Mixes Do it yourself , and SAVE just adulate? AND IT' READY TO USE . .41. SAND MIX for patching steps. wg3cs. , fayIng warspatio fiagstenes. grouting': $ 2.49 ) - , MORTAR MIX for laying brick stone or block ing brick up Or repari walls and chimneys e s2.49 FREE INSTRUOTION BOOKLET 20 hOme or COttage tgbieets you can do yourself • ASK tor your copy the next time you visit uS . CONCRETE MIX for walls, Roars, footings, PattOs. stein. Sotting Wes &pointing PoSts $2.39, ... . -Rik-- -9-fiaACAULAYLtd. Clinton Henson 527-0910 482-3405 262-2418 does not apply ineludee treepaesers, where entry is prohibited under the new trespaiseegislation, and en- trants .who are neither pro- hibited nor expressly permit- ted to enter or Use the land. This second provision ewers situations where the activity on the land cannot be described is purely recrea- tional. For eeernple, a person on his way to`work or school, walking across uncultivated land in the countryside that has not been potted Or marked would be responsible for his own safety. The new law on occupiers' liability goes hand-in-hand with the new Trespass to Property Aet and -is designed to give owners greater con- trol over their property and ' to make it easier to permit recreational uses the owner wishes to allow. The Act protects all premi- • ses, inehriling school ,sites. Any person found guilty of entering premises where en- try is 'prohibited, or, of engaging in an activity On .Prernises when that activity is prohibited, may be fined up, to $1,000. In addition, a ' court may order a convicted trespasserto pay up .to $LOOP for proven damages and reasonable costs of his or . her prosecution. po9r the ,new Act, entry ks,,Pfehibited without notice on certain classes of land. These include gardens, fields, or other land under cultiva- tion such as lawns, orchards, vineyards, woodlots or agri- cultural land, and premises on which trees have been planted and have ot keached an average height of more than two meters. Entry also is prohibited without notice on Tend enclosed in a manner which indicates an occupier's inteptiOn'to keep. perseeS' off ethe° premises or to ,keep anhreile" On elie' peerniseS. , „ The legislation also creates k. new marking seefem to ficilitete" the owner's control of his land. The system, which relies op colour coding, uses red to prohibit any entry whatso- ever and yellow to indicate • that some controlled entry may be permitted. The mark- ings, of an approved size, may be made, placed or spray -painted oalyces, fence posts or immev.'ne. rocks at points of entry to the proper- ty. Under the legislation, it is the responsibility of a potent- ial entrant, when faced with , yellow markings., io_findihee owner and enquire of hm /ewhat specific activities Ihe will permit. In addition, thenewtres: pass legislation provides basis for the development of standard signs to assist owners to easily indicate activities they ,specifiee4 , Wish to peril* or prohibit- A, sign oneeine or graphically representing an activity (for example, hiling). indicates that activity and only that activity is permitted., The same kind of sign with an oblique stroke through it means that activity and only that activity is prohibited. The new trespass act gives an occupier or his designate power to arrest a person he believes is trespassing. How- ever, because arrest is such a Serious imposition on a per- son's liberty, the Act requir- es that anyone who makes an arrest should seek the assist- ance of a police officer as promptly as possible. If an occupier knows the identity of the person he believes was trespassing, a charge can be made against the person without arrest. , Off -the premises, a police officer who has good reason to believe.:- a person was trespassing cap demand ;that # person incleetify himself so that , he may • be charged. Refusal toprovide such information is grounds for arrest. This provision was re- quested 4n various briefs , from school officials. It Sheeld help to elimireete/the game playing Chiffharetme on in the ,Past, vvhere, an Intruder would repeatedly refuse requests to leave the premises. When police final- ly were called; the inttirder would step' Off the premises and, unless the identity of teh intruder was known, police could not arrest him. 0- .0 --- 0- 0- 0- • - . 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