Background Information
The Government of the Northwest Territories (GNWT) is proposing to create a new Trespass Act (the “Act”). All Canadian provinces have trespass to property legislation in place which addresses trespass on private property in general; however, none of the territories have this type of legislation.
Trespassing, or the act of entering a lawful occupier’s property without permission, is regulated by a combination of federal, provincial, or territorial legislation and the common law through the tort of trespass to land. Trespass laws are intended to protect landowners and lawful occupiers from trespassers. Trespass laws are important for protecting property rights and maintaining civil order. This includes deterring potentially criminal behaviour and damage that trespassers may cause.
Federal trespass law under the Criminal Code is limited and applies only to a person who, without lawful excuse, loiters or prowls at night on the property of another person near a dwelling-house situated on that property. Territorial trespass law in the Northwest Territories, such as the Commissioner’s Land Act and Northwest Territories Lands Act, have limited trespass clauses that apply only in narrow circumstances on Commissioner’s or territorial lands, and under land claims and self-government agreements. Therefore, the Northwest Territories lacks legislation governing trespassing on private property, meaning that property owners and lawful occupiers have limited tools to remove trespassers from their property.
As a response, the GNWT has committed to developing trespass legislation. The commitment was included in the 20th Assembly mandate letter of the Minister of Justice, dated June 12, 2024.
Plain Language Definitions
*Note these definitions may not match the definitions included in the proposed legislation.
Trespass: the illegal act of entering or staying on someone else’s property without their permission.
Occupier: a person who owns or who has responsibility for or control over a property. A homeowner, a tenant, or someone with a sublease agreement would typically be considered lawful occupiers.
Restitution: a requirement for an offender to pay the landowner or lawful occupier for financial losses they suffered because of unlawful conduct.
Privacy Notice
The personal information that may be collected through completion of this survey is collected in accordance with Section 40(c)(i) of the Access to Information and Protection of Privacy Act (ATIPP Act). This information will be used in order to conduct a public engagement on legislation related to trespassing. The privacy provisions of the ATIPP Act protect any personal information collected. If you have questions about the collection of this information, please contact Maggie Hawkes, Manager, Policy and Planning, Department of Justice by phone at 867-767-9256 ext. 82090, by email at maggie_hawkes@gov.nt.ca, or by mail at P.O. Box 1320, Yellowknife NT, X1A 2L9.
