Businesses will now have another option for dealing with trespassers thanks to a new program that Enforcement Services have put into place.
Cody Rossing, the manager of enforcement services and emergency management for the Town, says one of the biggest challenges for businesses in the community who were issuing trespass notices is that someone has to attend court in order for the trespassing charge to stick. With the new Trespassing Agent program which comes into place on March 20, businesses who enrol will not have to attend court.
Previously, businesses who contacted the RCMP to report a trespasser had to issue the trespass notices themselves.
For many businesses the process didn’t work well. Larger franchises, like banks, found arranging the issue of a trespass notice and attending court was not logistically feasible. Small business owners, on the other hand, could issue the notice but may have to close their business in order to attend court.
Rossing says there are two different pieces of legislation that speak to trespassing, the Petty Trespass Act and the Trespass to Premises Act.
“Under both of the legislations, the property owner or their agent are required to provide trespass notices, help get people off of their land, and stuff like that,” says Rossing.
The first offence fine under the provincial legislation is normally $600, but it could be up to $10,000. A second offence could have a fine of up to $25,000
The higher fines come into place when the individual ignores the notice and returns to the property. If the trespasser returns three times, the officers can then issue a summons to court. If they fail to attend, a warrant is issued, and at that point if they are found guilty, the higher fines can be given.
Rossing says the program is helping streamline the process for businesses. If they choose to enrol in the program, it will allow peace officers or the RCMP to act as their agent and issue the notices. It also means the business owners won’t have to attend court.
“Court is scary for a lot of people, and we understand that,” says Rossing.
The purpose of the program is to improve the process because officers are continuing to get calls to the same place over and over and business owners or their employees are uncomfortable with the court process. Until now, there hasn’t been any way to address those issues.
“It’s been a lot of work on the back end because there is no follow up process in place and there is no trespass notice being issued,” says Rossing.
He says the hope is that by having this program in place, businesses can sign up and they can begin to address the issue more efficiently.
Several different municipalities in the province have a similar program in place, says Rossing. While developing the program, Rossing did research on other initiatives and reached out to other municipalities that had something similar in place. He says he wanted to be sure that he had everything in place before he announced the program in the community.
There are also checks and balances that have been worked into the program.
“If you’re trespassed from a local business, one of our officers shows up and says you’re trespassed for six months, if you don’t agree with it, you can appeal that process,” says Rossing.
He says there is also the option for the business owners to speak with the officer and reduce the amount of time the individual is trespassed for. In some cases, if the RCMP issue a notice that’s in effect for six months, a business owner may come forward and advocate for the trespasser if the individual doesn’t normally behave in that manner
“They can say, ‘This person is normally a good customer, but there is something going on with him right now. I think maybe a month would be more appropriate,’” says Rossing.
However, it is ultimately the final discretion of the officer.
Once a business is enrolled in the program, they will receive a sticker that they can place in a conspicuous area that is easily visible for officers. If they receive a call, the officer will know that they can issue the notice themselves rather than speaking to the owner and explaining the process that has to take place.
Rossing says enrolment in the program is free, and he encourages businesses to sign up if they are having consistent issues with people loitering or being a nuisance on their property. Those who are interested in enrolling can visit www.draytonvalley.ca/enforcementservices/trespassingagent and fill out the form. They can then email it in to enforcement@draytonvalley.ca or drop it off at the Town office.
