Trespass to Property Act Explained (Ontario)
If someone is on your property and refuses to leave, what can you actually do?
Can you remove them? Can security step in? When does it become trespassing?
Understanding Ontario’s trespass laws is important for property managers, business owners, and the public.
What Is the Trespass to Property Act in Ontario?
The Trespass to Property Act (Ontario) sets the rules for who can enter private property—and what happens if they don’t follow those rules.
https://www.ontario.ca/laws/statute/90t21
It gives property owners (and their agents, like security guards) the legal authority to:
Control access to property
Set rules for entry and behavior
Remove individuals who do not comply
What Counts as Trespassing in Ontario?
A person is trespassing if they:
Enter property where entry is prohibited
Ignore posted rules or conditions
Refuse to leave when directed
Common Examples of Trespassing
Loitering in a plaza after being told to leave
Entering a construction site without permission
Returning to a property after being banned
Ignoring “No Trespassing” or restricted access signs
These are everyday situations where the Act applies.
How Is Notice Given?
For trespassing to be enforced, the person must have notice.
This can be given in two main ways:
1. Posted Signage
Signs can clearly outline:
No trespassing
Restricted areas
Rules (e.g., “No loitering,” “Customers only”)
If signs are visible, they count as legal notice.
2. Verbal Direction
A property owner or security guard can:
Tell someone to leave
Explain property rules
Once told, the person must comply.
What Authority Do Property Owners and Security Guards Have?
Property owners—and those authorized by them—can take action.
This includes security guards acting on behalf of the property.
They can:
Ask someone to leave
Prevent entry
Enforce property rules
If the person refuses:
They may be committing an offence under the Act
Police can be called
In some cases, a citizen’s arrest may apply
What Happens If Someone Refuses to Leave?
If a person refuses to leave after being told:
They are now trespassing
Security or staff can document the situation
Police may be contacted
Charges can be laid under the Act
Possible Consequences
Fines
Removal from the property
Being banned from returning
Real-World Examples
Retail Plaza
A person is loitering and bothering customers.
Security:
Gives a verbal direction to leave
Documents the interaction
Calls police if the person refuses
Construction Site
An unauthorized individual enters a restricted area.
Security:
Removes the person
Enforces site access rules
Escalates if needed
Residential Building
A non-tenant repeatedly enters common areas.
Security:
Issues a warning
Documents the activity
Restricts access and involves police if necessary
How This Applies to Day-to-Day Security
The Trespass to Property Act is one of the most commonly used laws in private security.
It allows guards to:
Maintain order
Protect tenants and customers
Reduce risk and liability
Most enforcement is simple:
Clear communication
Consistent rules
Proper documentation
Common Misconceptions
“Anyone can be on private property.”
No—owners have the right to control access.
“You can ignore a security guard.”
No—if they are acting on behalf of the property, their direction carries legal weight.
“Trespassing only applies at night.”
No—it applies anytime rules are broken.
Why This Matters for Property Owners
Understanding trespass laws helps you:
Reduce unwanted activity
Protect your property
Support your security team
Avoid legal issues
Clear policies and trained staff make enforcement easier and safer.
Learn More About Security Services in Ontario
If you’re dealing with trespassing, loitering, or access issues, having the right security approach is key.
Explore our services here:
/security-guard-services-brantford
Effective security starts with clear rules and consistent enforcement.
Final Answer
The Trespass to Property Act (Ontario) gives property owners and authorized personnel the right to control access and remove individuals who do not follow the rules.
Trespassing occurs when someone:
Enters without permission
Breaks posted rules
Refuses to leave
It is a practical, everyday law that plays a major role in keeping properties safe and controlled.