Environmental Health Law - Property Law Unit 7B
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What is considered the definition of an 'occupier' under the Occupiers' Liability Act?

  • A government official responsible for health inspections
  • A person who is in physical possession of premises or has responsibility for and control over the premises (correct)
  • Only the person who physically owns the property
  • Anyone who enters the premises

    • Which type of structure is NOT included in the definition of 'premises' under the Occupiers' Liability Act?

  • Vehicles in operation (correct)
  • Water
  • Trains and railway cars
  • Ships and vessels

    • According to the Occupiers' Liability Act, what duty does an occupier owe to individuals entering the premises?

  • A duty to inform guests of all potential hazards
  • A duty to only prevent intentional harm
  • A duty to take reasonable care to ensure safety (correct)
  • A duty to ensure no one enters the premises

    • What does the common law duty of care refer to in relation to occupiers before the Occupiers' Liability Act?

    <p>Rules for determining occupier liability for dangers on premises</p> Signup and view all the answers

    How does the Occupiers' Liability Act affect previous common law duties?

    <p>It applies in place of common law rules for determining occupier liability</p> Signup and view all the answers

    If a public health inspector identifies an unsafe condition, what action can they take?

    <p>Issue a section 13 HPPA order if applicable</p> Signup and view all the answers

    Which of the following statements about the duty of care owed to public health inspectors by occupiers is true?

    <p>Occupiers owe the same level of care to inspectors as to other visitors</p> Signup and view all the answers

    What must occupiers take into consideration when determining the reasonable care they owe to visitors?

    <p>All circumstances of the case pertaining to safety</p> Signup and view all the answers

    What is the duty of care an occupier owes to a person on their premises?

    <p>It applies regardless of the conditions on the premises.</p> Signup and view all the answers

    What happens when a person willingly assumes risk on the premises?

    <p>The occupier cannot deliberately create dangers.</p> Signup and view all the answers

    Under what condition is a person considered to have willingly assumed all risks while on a property?

    <p>When they are committing a criminal act.</p> Signup and view all the answers

    Which circumstance allows an occupier to not owe a duty of care due to a person assuming risk?

    <p>The entry is for a recreational activity.</p> Signup and view all the answers

    What is NOT considered a fee for entry under subsection 4(3.1)?

    <p>A parking charge for accessing the property.</p> Signup and view all the answers

    In which situation does the occupier NOT owe a duty of care to an individual?

    <p>When the individual's purpose is a criminal act.</p> Signup and view all the answers

    Which of these is an exception to the duty of care due to assumption of risk?

    <p>Entering a restricted area without consent.</p> Signup and view all the answers

    What must an occupier NOT do regarding individuals willingly assumed to be at risk?

    <p>Engage in reckless behavior.</p> Signup and view all the answers

    Which of the following premises are prohibited from entry without notice?

    <p>A garden that is under cultivation</p> Signup and view all the answers

    What is the presumption about access to the door of a building on premises?

    <p>Access is presumed to be lawful unless shown otherwise</p> Signup and view all the answers

    Under what condition can entry on premises be deemed prohibited?

    <p>If a notice prohibits specific activities</p> Signup and view all the answers

    How can notice under the Trespass to Property Act be given?

    <p>Orally or in writing, or through posted signs</p> Signup and view all the answers

    What does substantial compliance refer to in the context of giving notice?

    <p>Sufficient notice despite minor deviations</p> Signup and view all the answers

    If an activity is permitted under a notice, what does that imply about all other activities?

    <p>All other activities are prohibited</p> Signup and view all the answers

    What is required for a sign giving notice to be considered valid?

    <p>The sign must be visible in daylight under normal conditions</p> Signup and view all the answers

    What is implied when entry to a property is enclosed to indicate intention to keep out persons?

    <p>Entry is likely prohibited without notice</p> Signup and view all the answers

    Which type of premises does section (4)(a)(i) of the Occupiers' Liability Act specifically include?

    <p>Land under cultivation</p> Signup and view all the answers

    How does the Trespass to Property Act differentiate between its regulatory and civil liability components?

    <p>The regulatory regime involves state prosecution, while the civil liability regime addresses private disputes.</p> Signup and view all the answers

    What maximum fine can be imposed under the regulatory regime of the Trespass to Property Act?

    <p>$10,000</p> Signup and view all the answers

    Which statements accurately reflect the exceptions outlined in section 10 of the Occupiers' Liability Act?

    <p>The Act does not apply to the Crown when it occupies a public highway.</p> Signup and view all the answers

    Which of the following is classified under rural premises in the Occupiers' Liability Act?

    <p>Utility rights-of-way</p> Signup and view all the answers

    What does section 9(2) of the Occupiers' Liability Act clarify regarding employer and employee relationships?

    <p>It confirms that rights and duties remain unaffected by the Act.</p> Signup and view all the answers

    Which of the following premises is specifically NOT listed as rural premises in the Occupiers' Liability Act?

    <p>Urban residential neighborhoods</p> Signup and view all the answers

    How does the Occupiers' Liability Act bind the Crown?

    <p>It binds the Crown, subject to specific Acts.</p> Signup and view all the answers

    What is the purpose of a sign that shows a graphic representation of an activity with an oblique line drawn through it?

    <p>It signifies that the activity is prohibited.</p> Signup and view all the answers

    What is the role of red markings according to the Trespass to Property Act?

    <p>To provide notice that entry on the premises is prohibited.</p> Signup and view all the answers

    What size must a marking be to comply with the Trespass to Property Act?

    <p>Sufficient to contain a circle 10 centimeters in diameter.</p> Signup and view all the answers

    Under the Trespass to Property Act, what must be done if a non-police officer arrests someone on the premises?

    <p>They must call for a police officer's assistance promptly.</p> Signup and view all the answers

    Which of the following statements is correct regarding yellow markings?

    <p>They serve as notice that entry is permitted only for certain activities.</p> Signup and view all the answers

    Who is authorized to arrest a person believed to be in violation of the Trespass to Property Act?

    <p>The occupier of the premises or an authorized person.</p> Signup and view all the answers

    What is the required visibility condition for markings placed on premises?

    <p>They should be visible in daylight under normal conditions.</p> Signup and view all the answers

    Which of the following is NOT a requirement for an effective sign indicating an activity is permitted?

    <p>An oblique line drawn through the representation.</p> Signup and view all the answers

    What must a police officer believe to arrest a person without a warrant off premises?

    <p>There are reasonable grounds to suspect a contravention of section 2.</p> Signup and view all the answers

    Who is ultimately liable for fines if a motor vehicle offence occurs and the driver is not the owner?

    <p>The owner alone is liable unless convicted.</p> Signup and view all the answers

    What action must the court take if a person is convicted of an offence under section 2 and damage has occurred?

    <p>Determine the damages and make a judgment in favor of the damaged party.</p> Signup and view all the answers

    What defines a motor vehicle under the Trespass to Property Act?

    <p>Vehicles specified under the Highway Traffic Act.</p> Signup and view all the answers

    In what circumstance is a police officer deemed to have arrested a person under the Trespass to Property Act?

    <p>When custody is given to them under specific subsections.</p> Signup and view all the answers

    What must the prosecutor provide in order to initiate a damage award judgement?

    <p>Request for damages and consent from the damaged party.</p> Signup and view all the answers

    What is necessary for a driver to not be liable for an offence under the Trespass to Property Act?

    <p>The vehicle was in possession of another person without the owner's consent.</p> Signup and view all the answers

    Under what condition can a police officer arrest someone who refuses to provide their name and address?

    <p>The person has departed from the premises after a contravention.</p> Signup and view all the answers

    Study Notes

    Environmental Health Law - Unit 7B - Property Law

    • Course name: Environmental Health Law
    • Course code: ENH121
    • Unit: 7B - Property Law
    • Instructor: Daniel Huynh (BASc)
    • School: School of Occupational and Public Health
    • University: Toronto Metropolitan University
    • Year: 2024
    • Creator of slides: Dr. Peter Strahlendorf

    Unit 7B - Contents

    • Topic 1: Property Law
    • Topic 2: Occupiers' Liability Act (R.S.O. 1990, CHAPTER O.2)
    • Topic 3: Trespass to Property Act (R.S.O. 1990, CHAPTER T.21)

    1. Property Law

    • Property law's focus is ownership, buying/selling, and inheritance
    • Students' focus will be on liability of the owner for accidents involving "entrants", classifying "trespassers" and the corresponding liabilities.

    OHS Concern

    • Ontario's OHS statutory law typically does not cover non-workers.
    • However, some jurisdictions' OHS Acts might cover non-workers if the relevant term is "person" instead of "worker" or "employee".
    • The current focus in this unit is not on OHS statutory law.
    • The OHS Manager's role is usually ensuring occupiers' liability is handled within the organization's management system.

    Example Workplace Accidents Involving Non-Workers

    • Dropping tools (e.g., wrenches) on visitors
    • Slips and falls due to loose floor tiles
    • Other non-worker accidents arising from workplace activities and conditions

    John Deere Case

    • Two teenagers on a "bring your kids to work" day at the John Deere plant.
    • Were permitted to drive a Gator vehicle on site.
    • Accident occurred, resulting in deaths.
    • This illustrates occupier liability, potentially subject to legal action from the parents.

    Public Health Concern

    • This unit focuses on the extent of public health inspectors' (PHIs) jurisdiction over public safety matters compared to public health concerns.
    • Definition of "health hazards" under the HPPA will be explored.
    • The Ramada case example illustrates how PHIs can shut down unsafe public facilities (e.g., water slides) and their decisions may be upheld.
    • This unit presumes all safety concerns are linked to health issues.

    Occupiers' Liability Act

    • Definitions:
      • "occupier" includes those in physical possession of premises, or those responsible for and controlling premises conditions or activities occurring there. The definition applies even with multiple occupiers.
      • "premises" includes lands, structures (e.g., buildings), water, ships, trailers, and vehicles including trains, cars, and aircraft (unless in operation).
    • Common Law Duty of Care Superseded: The Act replaces common law rules of care occupiers must provide to ensure safety. Cases before 1980 are avoided in interpretation.
    • Occupier's Duty: Occupiers owe the duty to ensure entrants and their belongings are reasonably safe while on the premises. Care must be reasonable in all present circumstances.
    • Duty of Care: The duty applies regarding conditions on premises and activities occurring there.
    • Occupier's Right to Restrict Duty: Occupiers can limit duty, but this limitation must be explicitly stated.
    • Risks Willingly Assumed: The duty does not apply to risks voluntarily taken by entrants. Occupiers still owe a duty to not create deliberate or reckless danger to the person or property of individuals on the premises.
    • Criminal Activity: Individuals on the premises with criminal intent are deemed to have voluntarily accepted risks and are subject to a duty of care.

    Trespass to Property Act

    • Regulatory and Civil Liability Regime: The Act acts both as a regulatory scheme (state prosecution fines), and establishes the basis of civil liability between an occupier and trespasser.
    • Regulatory Regime: Fines from the state will not always exceed $10,000, aiming to deter similar violations. Deterrent function.
    • Civil liability regime: The occupier can sue the trespasser for harms caused by the trespass.
    • Prohibition of entry notice: Defines permitted and prohibited activities. For instance
      • Entry can be prohibited on land used for agriculture (e.g. fields, orchards) or land enclosed for animal keeping.
      • Access to buildings is considered lawful by default, unless marked otherwise.
    • Method of Notice:
      • Notice can be oral or written;
      • Posted visible signs;
      • Standardized markings.

    Trespass to Property Act

    • Arrest Without Warrant (on Premises): Defines when and how a police officer or occupier can make an arrest without a warrant (e.g, on reasonable belief that someone is trespassing and violating section 2 of the Act.)
    • Delivery to Police Officer: An individual making the arrest (non-police officer) must immediately contact a police officer and turn the person being arrested over to their care.
    • Deemed Arrest: A police officer receiving an arrested person is considered acting under the provisions of the Provincial Offences Act, related to the detained person's release, continued detention, or appropriate bail conditions.
    • Arrest Without Warrant (off Premises): Circumstances under which a police officer can arrest a person without a warrant, for instance, where the person violates Section 2 after leaving the premises, and refuses to provide identification.
    • Damages Awarded: If a person is convicted under the Act and a party has experience damages due to the violation, a court may award monetary damages..
    • Damages and Costs in Addition to Fine: The award for damages, or for costs, will be in addition to any fines already imposed for a trespass violation.
    • Civil Action: A damage judgment may extinguish rights to pursue further civil liabilities regarding those same facts.
    • Enforcement: The Court may enforce judgements rendered.

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    ENH 121 Unit 7B - Environmental Health Law Property Law PDF 2024

    Description

    Explore key concepts in Property Law related to Environmental Health. This quiz covers important legislation such as the Occupiers' Liability Act and the Trespass to Property Act. Perfect for students of ENH121 looking to test their understanding in this critical area.

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