Ontario Security Guard License Practice Test

A person is not trespassing under the Trespass to Property Act if the owner or occupier cannot give a valid reason why they should leave

1. True

2. False

The correct answer is: False

Under the Trespass to Property Act, a person can be considered to be trespassing when they enter or remain on a property without the permission of the owner or occupier. However, a key aspect of the law is that it gives property owners or occupiers the right to establish what is permissible on their property and to ask someone to leave if they believe the individual does not have that permission. In this context, the correct understanding is that the owner or occupier must provide a valid reason for asking someone to leave the premises. If they cannot do so, it indicates that the basis for requesting the person's departure might not be justified, and thus it could be argued that the individual is not technically trespassing. Essentially, the rationale is that property rights also come with the responsibility of providing a valid justification when asking someone to vacate, preventing arbitrary or unjust removal of individuals from a property. This emphasizes the balance between property rights and individual freedoms, allowing individuals to have some assurance that they cannot simply be removed without cause.