Sask. to increase trespassing penalties to maximum of $25K fine, jail time for individuals

Trespassers in Saskatchewan will soon face stiffer legal penalties, including the possibility of jail time. 

On Thursday, the government introduced a series of changes to The Trespass to Property Amendment Act aimed at corporations and repeat offenders. 

Starting in 2022, a person who repeatedly trespasses on the same property can be fined up to $25,000 and jailed for up to six months, while a corporation involved in a trespassing offence could be fined up to $200,000. 

Premier Scott Moe said penalties like these are meant to reinforce "the certainty of getting caught if you are breaking the law in this province."

"The changes that are being introduced are actually increasing fines for repeat offenders," he told reporters at the legislature on Thursday.

Landowners will also be able to take civil legal action against trespassers.

"And really, that is to deter people … from being a repeat offender, and ultimately opening up avenues for civil litigation with respect to the landowner and whoever may be the person that is the repeat offender."

The changes aim to balance landowners' rights with people who want to access private property for legitimate recreational activities, the province said in a Thursday news release announcing the changes.

The changes "respond to concerns expressed by rural landowners about individuals who repeatedly trespass on their property," it said.

Moe said the new law is not intended to affect "people that are legitimately, maybe accidentally, trespassing," but will hopefully cut down on theft and vandalism.  

Organizations like the Saskatchewan Association of Rural Municipalities have been lobbying for these changes to the law, and have also called on the Ministry of Justice to communicate more proactively about trespassing legislation. 

The amended bill places the onus on the trespasser to justify why they are on the property, rather than requiring the landowner to prove that the person did not have permission to be there. 

In a news release Thursday, Justice Minister Gordon Wyant said "the vast majority of people in Saskatchewan" get permission before accessing a property.

That "best practice" will be supported by enabling civil legal action and increasing penalties, he said.