This is the exact embedded text of the captured official document.
Snapshot 531af37d99d4 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
POLICY
Policy:
Notice of Trespass
Department:
Office of the CAO
Division:
Office of the CAO
By-Law No.:
N/A
Administered By: Chief Administrative Officer
Approval Date: January 29, 2024
Replaces:
N/A
Attachment(s):
N/A
_______________________________________________________________________________________________________________________________________
Page 1 of 5
1. POLICY STATEMENT
1.1. The Corporation of the Town of Amherstburg is committed to ensuring the right of all
citizens to peacefully and respectfully enjoy and utilize municipal property.
2. PURPOSE
2.1. This policy provides a framework for addressing disruptive and contradictory circumstances
to the intent of the policy and the adopted Code(s) of Conduct, including usage parameters
which ensure the safeguarding of access to municipal property through the issuance of
notices of trespass in accordance with the Trespass to Property Act, R.S.O. 1990, T.21.
3. SCOPE
3.1. This policy applies to all Town of Amherstburg municipal premises.
3.2. This policy does not limit the legal rights of the Corporation of the Town of Amherstburg to
respond to emergency situations involving trespassing on municipal premises.
3.3. This policy shall be reviewed every five (5) years from the date it becomes effective, and/or
sooner at the discretion of the CAO or designate.
4. DEFINITIONS
4.1. Authorized Persons means, for the sake of this policy and for the purposes of enforcing
the Trespass to Property Act, 1990, those positions identified and empowered by the Chief
Administrative Officer to fulfill this responsibility.
4.2. Ban the prohibition of an individual(s) from entering municipal premises for a defined period
of time.
4.3.
Municipal Premises for the purposes of this policy means the same meaning as provided
within the Trespass to Property Act:
"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).
_______________________________________________________________________________________________________________________________________
Page 2 of 5
4.4. Occupier means the same meaning as provided within the Trespass to Property Act which
includes:
(a) a person who is in physical possession of the premises, or
(b) a person who has responsibility for and control over the condition of the premises or the
activities there carried on, or control over persons allowed to enter the premises.
4.5. Trespass(ing) means the same meaning as provided within the Trespass to Property Act
which states as follows:
Trespass an offence
2(1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the
defendant,
(i) enters on the premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the
occupier of the premises of a person authorized by the occupier,
4.6. Trespass Notice means a notice given to a person, verbally or in writing that one or more
activities are prohibited, or entry is prohibited, in respect of any part of public premises
pursuant to the Trespass to Property Act.
Common definitions, acronyms, and terms are available in the Glossary located on the Town's
Policies webpage.
5. INTERPRETATIONS
Any reference in this policy to any statute or any section of a statute shall, unless expressly
stated, be deemed to be reference to the statute as amended, restated or re-enacted from time to
time. Any references to a by-law or Town policy shall be deemed to be a reference to the most
recent passed policy or by-law and any replacements thereto.
6. GENERAL CONDITIONS
6.1. Issuing Warnings
6.1.1.
Specific notice by an authorized person that entry is prohibited is not required to
keep persons out where the site is completely enclosed by a fence which has
been specifically designed to keep persons off the property.
6.1.2.
In order to prohibit general entry to municipal premises, it is necessary to have
signs or markings; otherwise it is necessary to confront a trespasser and give
verbal notice.
6.1.3.
An authorized person, or a person upon review and agreement of an authorized
person, who believes or suspects that the conduct of a person is disruptive to the
conduct of Town business or activities or is threatening to the staff or other users
of Town facilities may issue a warning that the Town may issue a formal notice of
trespass should the person continue to engage in the behaviour while in or on
_______________________________________________________________________________________________________________________________________
Page 3 of 5
Town property. Where deemed appropriate or reasonable to do so, warnings may
not always precede the issuance of a formal Notice of Trespass letter.
6.2. Addressing Conduct
6.2.1.
A person issuing a warning shall apply the following guidelines when confronting
the person:
6.2.1.1. Obtain and document a description of the person.
6.2.1.2. Note the date, time and location.
6.2.1.3. Introduce yourself (name, position and authority to act).
6.2.1.4. Demonstrate a courteous, calm and assured presentation.
6.2.1.5. Ask the person to identify themselves (name and address). Keep a
reasonable distance and do not touch the person.
6.2.1.6. Inform the person of the specific disruptive or contradictory behaviour
and direct them to leave the premises if they do not modify their
behaviour.
6.2.2.
If the person complies and modifies their behaviour or leaves the premises
voluntarily, no further action is necessary. The person who issued the warning,
however, must document the particulars of the interaction with the person using
the Town's adopted Incident/Accident reporting process. The authorized person
who approved the warning shall review the report for correctness and
completeness.
6.2.2.1. Additionally, the authorized person shall inform their direct report, the
CAO and the Clerk about any warnings issued by forwarding a copy of
the incident/accident report.
6.2.3.
In the event that the person declines to vacate the premises and/or has caused
damage to property, the person authorized to issued the warning has the authority
to contact the police.
6.3. Written Notice of Trespass
6.3.1.
Should the authorized person reasonably conclude that the individual to whom
was issued the warning is likely to have future attendance that is undesirable,
posing threats to staff or other users, or causing disruption to the use of municipal
property, a formal trespass notice, resembling the example in Appendix A, may be
issued. It is important to note that issuing this letter is not required before
contacting the police if the trespassing persists as stated in 6.2.3.
6.3.2.
All written Notices of Trespass to be issued by the Town shall, prior to issuance,
be forwarded for review to the CAO or designate to determine whether the
circumstances warrant the issuance of a written Notice of Trespass. The CAO or
designate shall, in appropriate circumstances issue the Notice of Trespass.
6.3.3.
The CAO shall inform Council about any Notice of Trespass issued or subsequent
actions taken in accordance with this policy.
_______________________________________________________________________________________________________________________________________
Page 4 of 5
6.4. Length of Ban
6.4.1.
A first Notice of Trespass may be issued for a period of a seven to ten days. In
instances of subsequent cases, or where a particular incident is of a more serious
or threatening nature, the length of the ban may be for a period of six months up to
and including an indefinite timeframe, as approved by the CAO. It shall be
understood that extended or indefinite bans are to be considered the exception,
rather than the rule.
6.4.2.
Where a notice exceeds six months, the notice shall be subject to review prior to
expiry and shall include a consultation with the involved staff members to ensure
the person's re-entry to Town premises is handled considering all relevant factors.
6.5. Appeals of Notice of Trespass
6.5.1.
A person has the option to appeal the measures outlined in the written Notice of
Trespass by contacting the Clerk to complete the necessary appeal form within 21
days of the effective date.
6.5.2.
A request for review does not halt the enforcement of a Notice of Trespass.
6.5.3.
Provided that the appeal request is completed in full by the appellant, the Clerk
shall refer a person's request, along with all submitted documentation to the CAO
for review.
6.5.4.
When conducting the review, the CAO shall consider any submissions, including
supporting information or documents by the person who requested the review and
the authorized person who issued the Notice of Trespass. The CAO may uphold,
vary or withdrawal some or all of the measures under review and the CAO's
decision is final.
6.5.5.
The CAO must issue a written decision to the person who requested the review
and notify the authorized person who issued the Notice of Trespass.
6.6. Records
6.6.1.
The Notice of Trespass as issued by the CAO shall be filed in accordance with the
records retention policy.
7. RESPONSIBILITIES
7.1. Council has the authority and responsibility to:
7.1.1.
Adopt the Notice of Trespass policy.
7.2. The CAO or designate has the authority and responsibility to:
7.2.1.
Review all written Notices of Trespass issued by the Town before issuance to
assess whether circumstances warrant the Notice of Trespass.
_______________________________________________________________________________________________________________________________________
Page 5 of 5
7.2.2.
Promptly initiate communications and updates to Council regarding the issuance
of a Notice of Trespass.
7.2.3.
Review and approve duration of Notice of Trespass.
7.2.4.
Assess and decide the results for requests to appeal the measures imposed by
the Notice of Trespass.
7.2.5.
Issue written decisions to the person requesting to appeal a Notice of Trespass.
7.3. The Clerk has the authority and responsibility to:
7.3.1.
Respond to requests to appeal Notices of Trespass.
7.3.2.
Ensure that criteria for appealing are met prior to forwarding the appeals form to
the CAO for review and decision.
7.4. The Authorized Person has the authority and responsibility to:
7.4.1.
Issue a warning or a formal Notice of Trespass letter to a person whose conduct is
disruptive of poses a threat to staff or other users of Town facilities.
7.4.2.
Generate written statements that document the specifics of any warnings or formal
notices issued to a trespasser.
7.4.3.
Advise their direct report of any action they have taken and notify the CAO in
writing of all the particulars of the event leading up to filing charges with law
enforcement.
7.5. Staff have the responsibility to:
7.5.1.
Ensure their understanding and compliance with the policy and seek clarification
where needed to follow the policy expectations.
8. LEGISLATIVE REFERENCES
8.1. Trespass to Property Act, R.S.O. 1990, T.21.