Environmental Health Law - Property Law Unit 7B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

An occupier of premises has a responsibility to ensure the safety of people and their belongings while on those premises.

A person in charge of premises, either by physical possession or control over their condition.

Lands and structures, including water, ships, trailers, vehicles, and aircraft (except while in operation).

Specifies the duty of care owed by occupiers of premises for the safety of those entering or bringing property onto the premises.

The pre-existing legal responsibility for safety, superseded by the Occupiers' Liability Act for all cases after 1980.

A potential order to address safety concerns, likely related to health. Details not provided.

The legal obligation of an occupier to consider the safety of people and property on their premises.

A public health inspector is an individual whose job involves routinely inspecting restaurants, pools, schools, day cares, and residential institutions for public health concerns.

The duty of care an occupier of premises owes to those who enter.

A risk a person accepts when entering premises, relieving the occupier of some liability.

Entry for criminal actions, where the visitor is seen as accepting all risks.

Entering property without permission or a permitted recreation activity, which means the visitor willingly accepts risks.

Entry for recreational activities and a lack of fee (except for incidental expenses), with exceptions for government payments.

Fees for services related to entry, such as parking, where the fee doesn't affect risk assumption.

Entry is forbidden by legal measures, making the entrant responsible for their actions regarding risk.

The duty of care may be limited if the occupier explicitly restricts/modifies it.

A payment or benefit received by a non-profit recreation club from the government or under government authority.

Agricultural land (fields, orchards, pastures), vacant/undeveloped land, forests/wilderness, golf courses (closed), utility rights-of-way, unopened roads, private roads marked as such, recreational trails marked, and portage routes are exempt from liability.

The Occupiers' Liability Act does not change the rights, duties, and responsibilities related to an employer and employee.

The Negligence Act applies to actions addressed by the Occupiers' Liability Act.

The Occupiers' Liability Act applies to Crown entities, excluding situations involving public roads/highways.

Regulates trespass to property, involving both state prosecution for fines and civil lawsuits by individuals.

The state prosecutes, with fines up to $10,000 going to the state.

Individuals can pursue civil action against one another for trespassing.

Entry to certain properties (gardens, fields, etc.) can be restricted by notice.

Access to a building's door through a designated path is presumed to be allowed unless otherwise prohibited.

Specific activities are permitted, all others are prohibited on the property.

If entry isn't prohibited overall, then certain actions or activities on the property are specifically restricted.

Notices can be given orally, in writing, with signs, or a marking system.

Following the notice guidelines somewhat suffices (e.g. method, placement of signs).

Notices can limit activities or entry on property, not everything.

Properties enclosed in a way to keep people or animals out are protected from trespass without notice.

A sign naming an activity or depicting it graphically indicates permission to engage in that activity.

A sign naming an activity (with a line through it) or depicting it graphically (with a line through it) indicates prohibition of that activity.

Red markings, meeting specific size and placement criteria, indicate that entry is forbidden.

Yellow markings, meeting specific size and placement criteria, indicate that entry is allowed for certain activities only.

Markings must be large enough to contain a 10cm diameter circle.

Markings must be visible from all ordinary entrances at the time of day in normal conditions.

A police officer or an occupier (or authorized person) can arrest someone reasonably suspected of violating trespass laws (Section 2).

Any person making such an arrest must promptly involve the police and transfer custody of the person arrested.

When a police officer takes custody of a person under the Trespass to Property Act, they are considered to have arrested the person for the purposes of the Provincial Offences Act.

The driver of a motor vehicle or motorized snow vehicle used to commit trespass is liable for the fine, and if the driver is not the owner, the owner is also liable unless the driver is convicted or the vehicle was being used without the owner's consent.

If a person is convicted of trespassing and causes damage, the court can order them to pay damages to the person who suffered the loss, at the request of the prosecutor.

This legislation defines and addresses the offense of trespassing on private property, outlining penalties and procedures for enforcement.

If a person refuses to give their name and address after being found trespassing, the police officer can arrest them without a warrant if they have reasonable grounds to believe the person has been trespassing and has left the premises.