New Trespass Legislation Coming Into Force On January 1, 2022

Released on December 16, 2021

The Trespass to Property Amendment Act, 2019, and The Trespass to Property Consequential Amendments Act, 2019 are coming into force on January 1, 2022. 

"This government has worked hard to balance the rights of landowners in rural Saskatchewan with those of recreational land users," Justice Minister and Attorney General Gordon Wyant said. "I'm pleased to see the legislation come into force and I want to thank everyone who has worked and consulted with us in its development."

This legislation clarifies existing laws and ensures consistency in the rules regarding trespassing. Most notably, it moves the onus of responsibility from rural landowners to individuals seeking to access their property.  Under the new legislation, those wishing to access a rural landowner's property for recreational purposes will need to gain consent from the owner. Consent can be provided in writing, electronically online, orally or through signage. 

The legislation responds to concerns expressed by rural landowners about individuals who trespass on their property while still giving Saskatchewan people the opportunity to take advantage of our beautiful rural landscapes for outdoor activities such as hunting, fishing, snowmobiling and hiking.

Most people in Saskatchewan already seek permission to access rural property for recreational purposes. These changes are intended to formally support that best practice.

The legislation provides legal protection to landowners and occupiers against property damage and the risk of agricultural diseases and limits any liability that may arise from a trespasser's presence on their property.

Police and provincial enforcement officers will continue to be responsible for laying charges related to trespassing. Anyone who believes someone is trespassing on their property is urged to contact their local police service.

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