Changes to Sask. trespassing laws come into effect Jan. 1, will require permission to access land

Two previously announced provincial trespassing amendment acts are about to come into effect in Saskatchewan, which could affect people who use private rural property for recreational activities like hunting, fishing, hiking or snowmobiling.

The legislation will ensure consistency in established rules regarding trespassing, the province said in a news release Thursday, which noted the new rules come into effect on Jan. 1.

Most importantly, it moves the onus of responsibility from rural landowners to people seeking to access their property. 

That means anyone who wants to participate in any recreational activity on private property in Saskatchewan must first get permission from the owner. 

Many Saskatchewan residents already do that, the province said in its news release, but the legislation changes "formally support that best practice."

Under earlier legislation, landowners had to put up postings if they wanted to limit the public's access.

As of Jan. 1, those wishing to access a rural landowner's property for recreational purposes will need written, electronic or oral consent from the owner, the new legislation says.

Signage allowing for access on the property will also be accepted as permission. 

"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 in the release.

"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."

The province first announced in 2018 that it was reviewing its trespassing laws.

The new legislation will provide legal protection to landowners against property damage and the risk of agricultural diseases, the province says, and also limits any liability that may come from a trespasser's presence on their property.

The legislation is a response to concerns expressed by Saskatchewan rural landowners about individuals who trespass on their property, according to the province.

The government says police and provincial enforcement officers will still be responsible for laying charges related to trespassing. 

FSIN has opposed amendments

In 2019, when the trespassing amendments passed a third reading in the legislature, the Federation of Sovereign Indigenous Nations raised the possibility of launching legal action against the government, saying the amendments would violate treaty rights.

"It's unconstitutional, it's not First Nations-friendly and it goes against their own legislation, the 1930 Resources Transfer agreement," FSIN Chief Bobby Cameron said in May 2019.

Cameron said the 1930 agreement gave the federation legal grounds to challenge the amendments in court, and that numbered treaty agreements clearly say that Indigenous people are entitled to live off the lands.

The amendments were violations of those treaty rights, Cameron said in 2019.

CBC reached out to Cameron and the federation for comment on Thursday, but has not yet received a response. 

The president of the Saskatchewan Association of Rural Municipalities, however, says the organization is pleased with the amendments.

Many rural landowners have been calling for the changes for a long time, said Ray Orb.

"It was out of a sense of frustration for many landowners that had people coming onto their land," he said.

"I think in some ways it shows disrespect to people that live out in the rural area. And I'm talking about people that live on an acreage, people that live on ranches and people that live on farms."

Many landowners have experienced break-ins and thefts, he said.

"But also [this law] puts responsibility onto the landowner in some ways too, because they have to make sure that people do have permission that are on their land."

Orb says he doesn't believe the law will infringe on the rights of Indigenous people. 

"Of course we want hunters to be able to go onto this farmer's land if they have the permission to do so and the proper licences," he said.

"And we certainly want the same things that have been continued in the past, in terms of good relationships between hunters, recreational users and property owners in the area. We want that to continue."