Procedure 2.1.19 ACCESS TO SCHOOL PREMISES & TRESPASS TO PROPERTY

1.1 The Access to School Premises Regulation is made under the authority of amendment to the Education Act and contained in the Safe Schools Act. The Regulation specifies who is permitted to be on school premises on any day or at any time.

 

1.2 The following persons are permitted to be on school premises on any day and at

 any time:

 

 

1.3 

1.4 Persons who are on school premises without being authorized by Regulation have committed an offence and can be charged under the Education Act (s.305).

 

1.5 The Access to School Premises Regulation authorizes a principal, vice-principal or another person authorized by the Board to direct a person to leave the school premises where, in the judgment of the principal, vice-principal or other authorized person, the presence of that person is detrimental to the safety or well-being of a person on the premises.

 

1.6 Failure to comply with the request to leave the premises may result in  prosecution under the Safe Schools Act and on conviction is liable to a  fine of not more than $5000.00.

 

1.7 The provisions in the new Regulation are specific to school premises, whereas the Trespass to Property Act governs more than just access to schools.

 

1.8 Whether a person is charged under the new regulation or the Trespass to Property Act will depend on the individual circumstances of the case.

2.1 The Trespass to Property Act gives educators the power of arrest and detention.

 

2.2 The Act allows educators to exercise control over the people entering onto school premises.

 

2.3 Under section 1(1) of the Trespass to Property Act, the principal or designate is deemed to be the “occupier” of the premises, “a person with responsibility for the control over the condition of the premises or the activities there  carried on, or control over a person allowed to enter the premises.

 

2.4 An individual entering onto school premises must have a valid reason to be on that property.

 

2.5 Signage in schools directs visitors to first report to the office for permission to access the school.

 

2.6 The failure to comply may result in the person being considered a trespasser on the premises.

 

2.7 Even when a sign is not posted, once the person is told an activity is prohibited and the person continues, or a person is told to leave the property and refuses, an offence is committed under the act.

 

2.8 Under section 2 of the Act, “any person who comes onto school premises without express   permission of the occupier, who enters unto the premises when entry is prohibited, engages in an activity on the premises when the activity is prohibited or does not leave the premises immediately after being directed to do so by the person authorized by the occupier, is guilty of an offense and on conviction is liable to a fine of not more than $2000.00.”

 

2.9 Under section 3 of the Act, entry is prohibited without any notice on a premises that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises.

 

2.10 A notice under the Act may be given either orally or in writing, however, the courts expect to have the notice given in writing.

 

2.11 Trespass letters should be served annually, if required.