WHEREAS the Petty Trespass Act and Trespass to Premises Act provide for conditions for trespass on lands and premises;AND WHEREAS penalties are inconsistent between the two Acts;AND WHEREAS the onus in both Acts is on the property owner as opposed to the trespasser;AND WHEREAS there is no penalty if according to a trespasser that he/she acted under a fair and reasonable supposition;
THEREFORE BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties urge the Government of Alberta to amend the Petty Trespass Act and Trespass to Premises Act as follows: to ensure equal fines sufficient to deter trespassing; and to only allow waiver of penalty where entry occurred with written permission of the landowner or disposition holder.
Generally people are getting tired of trespassers and the onus of property owners to sign appropriately. Even if trespassing is done and prosecuted the penalty is minimal at $100 (Petty Trespass Act) or $1,000 (Trespass to Premises Act). Both Acts also let trespassers off the hook simply if they think they had a right to do the trespass.Only written permission would satisfy property rights of landowners.