Friday, January 16, 2004

BE COURTIOUS ON YOUR SLED
‘No Trespassing Please’


North Bay, Ont.
Traveling across the white powdery country side off-trail is an exiting way to enjoy the sport of snowmobiling in Northern Ontario. When going off-trail, safety on your sled should be number one. Have you planned your route? When exploring the country side, did you see that sign? ‘No Trespassing’.

Every year the North Bay, Mattawa and Powassan OPP receive complaints of snowmobiles crossing private property. Area residents enjoy privacy of living in rural settings. Snow machines can damage property such as septic systems or anything else that is under the snow that belongs to the property owner. Trespass to property is against the law. You may be arrested if are found on private property and you may be charged. Under section 2(1) of the Trespass to Property Act (TPA) of Ontario:

Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

Section 11 of the TPA says:
Where an offence under this Act is committed by means of a motor vehicle, as defined in the Highway Traffic Act, or by means of a motorized snow vehicle, as defined in the Motorized Snow Vehicles Act, the driver of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act and, where the driver is not the owner, the owner of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act unless the driver is convicted of the offence or, at the time the offence was committed, the motor vehicle or motorized snow vehicle was in the possession of a person other than the owner without the owner's consent.

North Bay OPP want to remind operators of motorized snow vehicles, to be courteous. Check your route ahead of time. If you see signs posted ‘No Trespassing’, please use an alternate route.