Ontario adopts new law against trespassing on farms

The Ontario government is set to proclaim the Security from Trespass and Protecting Food Safety Act, 2020. The new law recognizes the unique risks that can result when individuals trespass onto farms and agri-food processing facilities or when they interfere with the transportation of livestock.

The Act increases protections for Ontario's food supply, farmers, agri-food businesses and farm animals from trespassing activities while maintaining the right for people to participate in lawful protests on public property, provided such protests do not have the potential to cause harm and are conducted in a safe manner.

Susan Fitzgerald, Executive Director of the Ontario Livestock Transporters' Alliance (OTLA) expressed, "This is a very important piece of legislation as it will assist in protecting those who work in agriculture from harassment, trespass and other unlawful practices. For the OLTA members specifically, we feel this Act will help insure that human safety and animal welfare are protected during loading, transporting and unloading."

Ontario consulted widely on a Minister's regulation from August 31 to October 15, 2020, receiving over 850 responses from the public, including Indigenous communities. This input was used in the development of the Minister's Regulation. The Act includes protections for Aboriginal and treaty rights. Ontario will take steps to educate the public and agri-food sector on the new legislation to encourage a smooth implementation, including raising awareness of Aboriginal and treaty rights.

The Act will help protect the food supply and deter trespassing by

• Escalating fines of up to $15,000 for a first offence and $25,000 for subsequent offences, compared to a maximum of $10,000 under the Trespass to Property Act;
• Prescribing aggravating factors that would allow the court to consider factors that might justify an increased fine;
• Allowing the court to order restitution for damage in prescribed circumstances which could include damage to a farmer's livestock or from theft;
• Increasing protection for farmers against civil liability from people who were hurt while trespassing or contravening the act, provided the farmer did not directly cause the harm;
• Removing consent to enter a farm property when it was given under duress or false pretenses.