Farmers hope to see Saskatchewan government tighten trespass legislation

The Saskatchewan government is reviewing trespassing legislation in an effort to create a better balance between rural landowners and the public.

The province is gathering input through an online questionnaire to see if legislation should move to require consent prior to access.

As part of the review, the ministry is particularly interested in the following questions:

• Should all access by members of the public to rural property require the express advance permission of the rural landowner regardless of the activity?
• If so, how should permission be sought and granted?

Currently, the Trespass to Property Act puts the onus on the owner, making it an offence to enter property if the landowner objects, either by posting signs or through a request.

There’s also legislation for hunting, ATVs and snowmobiles, which can create confusion on what it means to trespass.

“We’ve started posting anywhere we’ve had problems, and if we don’t have problems, we’ve left it alone,” said Michael Spratt, a Melfort area farmer and rancher, and Saskatchewan Cattlemen’s Association (SCA) director.

Spratt said cut fences, animal safety and the spread of crop disease also concern him in regards to trespassing.

“These issues can be avoided just with asking, a simple ask. Most guys I know are pretty good about letting guys onto their land. We like to know who’s going in and out,” Spratt said.

The SCA would like to see the law require the public to ask for written permission from the landowner, before accessing agricultural lands.

The Saskatchewan Association of Rural Municipalities (SARM) also welcome the review.

“We are asking the province to harmonize as much as possible those acts, so that people who live in rural areas, and also people that travel in rural areas can better understand the laws,” said SARM president Ray Orb.

A $2,000 fine at trial, or a $200 ticket for trespassing isn’t a stiff enough penalty, according to Orb.

“They want people to realize that their land is something that is very valuable, their property is valuable to real people. They simply want some respect and want people to get permission before they come on their land,” said Orb.

According to the questionnaire document, any possible amendment to the Trespass to Property Act would not affect First Nations hunting and fishing rights, as they are Constitutional rights that are set out in the Treaties and are protected by the Natural Resources Transfer Agreement of 1930.

The province will be accepting feedback until Oct. 1.