posted property

Grizzly Adams said:
In Alberta, no signs are necessary on private property. Thou shalt not Trespass without permission.

Grizz
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Guess i need to acquire a new set of regs....last time I read up on the subject privately owned land that was more than 1 mile from any home quarter owned by the same landowner did not require permission to hunt unless it was appropriately "signed". And that is not saying you have "cart-blanch right to hunt the property, you can still be asked to vacate by the land owner or his representative at any time.
 
fingers284 said:
Guess i need to acquire a new set of regs....last time I read up on the subject privately owned land that was more than 1 mile from any home quarter owned by the same landowner did not require permission to hunt unless it was appropriately "signed". And that is not saying you have "cart-blanch right to hunt the property, you can still be asked to vacate by the land owner or his representative at any time.
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Wrong, just because land is not considered to be"occupied land" doesn't mean that no permission is required. You still require permission if the land is cultivated, developed, or fenced, but you would be prosecuted under the Petty Trespass Act, rather than under the Wildlife Act. That does change if you actually harvest an animal though, as then you can be charged with possessing an illegally harvested animal, and charged under the Wildlife Act.

http://www.qp.alberta.ca/documents/Acts/P11.pdf
 
theDuck said:
I suggest you look into the Ontario Trespass to Property Act, R.S.O. 1990, c. T.21

Limited permission
4 (1) Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only. R.S.O. 1990, c. T.21, s. 4 (1).

Limited prohibition
(2) Where entry on premises is not prohibited under section 3 or by notice that one or more particular activities are permitted under subsection (1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited. R.S.O. 1990, c. T.21, s. 4 (2).

I've been peripherally involved it this type of thing before when it ended up in court and if the sign says 'No Hunting' then no one hunts including the owner.

Look up also Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41 Section 10 Trespassing.
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Gotta read section 2 of Ontario Trespass to Property Act, R.S.O. 1990, c. T.21, then read Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41 Section 10 .There is a need to carry permission to hunt private land in one exception check the hunt regulations. But like has been stated having a letter showing you have permission makes life easier I think
 
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fingers284 said:
Guess i need to acquire a new set of regs....last time I read up on the subject privately owned land that was more than 1 mile from any home quarter owned by the same landowner did not require permission to hunt unless it was appropriately "signed". And that is not saying you have "cart-blanch right to hunt the property, you can still be asked to vacate by the land owner or his representative at any time.
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Wrong!

Pretty sure you didn’t read that anywhere as far as Alberta goes.
 
crazy_davey said:
Wrong!

Pretty sure you didn’t read that anywhere as far as Alberta goes.
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Ah... yes it was. Both in the old folded hunting reg's and the newer magazine style when they were first published but for how long after I don't know as I haven't been concerned with keeping current seeing as I haven't bought a licence for 6 yrs....and it certainly did not only pertain to the bow zones, it was province wide. The province defined the reg's for hunting on private land after an Elk hunter was not given permission by a rancher to retrieve the animal even tho it was on crown land. It culminated in a court case that resulted in the province re-defining trespassing on certain crown leases and private land.
 
cantgetright said:
I have a neighbor who has always given us permission to hunt his property. This year he has it posted no hunting or trespassing all along the property line. He said we are welcome to continue to hunt it, the signs were put up for a large deer gang down the road that he has had run ins with and is trying to keep out when they repeatedly sneak in. My question is could we potentially run into trouble with MNR if they came across us in there? I have heard stories of landowners who were told by MNR that they themselves cannot hunt their own property if it posted no hunting. Anyone with some knowledge on the subject? I sure don't want to create a hassle for the landowner.
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I don't know how it works in Ontario but I can tell you with 100% certainty that in BC if you post land No Hunting/No Trespassing , even the landowner is not allowed to hunt his own land.
I went through this 2 years ago while trying to negotiate continued access to a 540 acre chunk of grazing land and mixed forests for deer, ground squirrel and predators. 6 years of being the only hunter with permission ended when her son from vancouver convinced her to post the land no hunting/no trespassing. She said I was still okay to hunt her land but I knew that posted land is a sticky thing here in BC so I have declined. I'm hoping she will change the signs but her son already registered the land and posted the signage everywhere so it sux but is what it is.
There are different ways to post your land.
No trespassing would be an obvious one that doesn't affect those with permission to access for whatever reason but hunters can still legally trespass to retrieve game shot on crown land that dies on private land. There was a case of this a couple or so years ago in a chilliwack corn field..... was a sh*t show LOL
In BC , if the land owner wants to hunt his land or give permission for others to hunt, he/she has to post the land, No Trespassing/ Hunting by Permission Only
Ontario could be similar but a quick call to your land/environment ministry or a google search on Posting land in Ontario will probably give you all the legalities.
 
It was on the radio a while back, they were taking about land rights, and the CO said that in Ontario, if it says "NO HUNTING" that means everyone, including the land owner. I fail to see why anyone would post anything but "NO TRESPASSING". It covers all the bases.
 
John Y Cannuck said:
It was on the radio a while back, they were taking about land rights, and the CO said that in Ontario, if it says "NO HUNTING" that means everyone, including the land owner. I fail to see why anyone would post anything but "NO TRESPASSING". It covers all the bases.
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I wouldn’t take a CO on the radio as gospel. It makes no sense that if I posted “no hunting” on my land that I couldn’t hunt it, anymore than it would make sense that if I posted “no trespassing” I wouldn’t be able to trespass on my land. Posted signs are intended to let others know something (no trespassing, beware of dog, etc.), they don’t change the “designation” of the land. I would be very surprised if anyone could produce evidence of a landowner being charged with hunting on his/her own land because of how he or she posted it!
 
45ACPKING said:
I don't know how it works in Ontario but I can tell you with 100% certainty that in BC if you post land No Hunting/No Trespassing , even the landowner is not allowed to hunt his own land.
I went through this 2 years ago while trying to negotiate continued access to a 540 acre chunk of grazing land and mixed forests for deer, ground squirrel and predators. 6 years of being the only hunter with permission ended when her son from vancouver convinced her to post the land no hunting/no trespassing. She said I was still okay to hunt her land but I knew that posted land is a sticky thing here in BC so I have declined. I'm hoping she will change the signs but her son already registered the land and posted the signage everywhere so it sux but is what it is.
There are different ways to post your land.
No trespassing would be an obvious one that doesn't affect those with permission to access for whatever reason but hunters can still legally trespass to retrieve game shot on crown land that dies on private land. There was a case of this a couple or so years ago in a chilliwack corn field..... was a sh*t show LOL
In BC , if the land owner wants to hunt his land or give permission for others to hunt, he/she has to post the land, No Trespassing/ Hunting by Permission Only
Ontario could be similar but a quick call to your land/environment ministry or a google search on Posting land in Ontario will probably give you all the legalities.
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Actually, in order to get a conviction, the landowner would have to press charges against the people hunting on his property, and obviously, the landowner isn't going to press charges against himself, so he can hunt on his own property, regardless of how he posts it. The reason that many trespassers are not prosecuted, is because the landowners are intimidated into not pressing charges, out of fear of retaliation. As for retrieving game from private property that is posted, no you can't simply trespass on that land to retrieve the animal, you must have permission from the landowner, or you need to involve F&W, who will investigate to determine if the animal was actually shot on crown land, and then they can retrieve it. In Alberta, the land does not even have to be posted.
 
Trespass an offence

2 (1) Every person who is not acting under a right or authority conferred by law and who,

(a) without the express permission of the occupier, the proof of which rests on the defendant,

(i) enters on premises when entry is prohibited under this Act, or

(ii) engages in an activity on premises when the activity is prohibited under this Act; or

(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,

is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1.
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Offence section for Ontario. I think the owner can give himself permission. :d

And no, you can't lawfully trespass to recover game without permission. There are some mentions of making all efforts to recover migratory game birds but I am not gonna research that.
 
ya you know, I've been googling this hard for the past hour and can not find one single official source that discusses no hunting signage prohibitting the owner from hunting. I can't seem to remember when and were I came to believe that an owner posting no hunting signs can't hunt the property...... trying to find a wildlife act or property insurance reference but coming up blank......
I do remember when the CO came out to my friend anna's place one evening and me and the neighbor were standing there with our rifles loaded up after anna found a cougar had taken down a goat and gotten into the barn rafters. Alpacas were losing thier sh*t and we had the cougar "treed" up inside the barn. I had a cougar tag and season was open but the CO told me I couldn't shoot the cougar just because i had a tag LOL I could kill it if it was physically "on an animal" were his exact words. There was some mention of the farm being posted as No hunting as well and perhaps i left that encounter with the idea that land posted No Hunting meant no hunting by anyone.....

I kinda wanna figure this out now and maybe go back and hunt the 540 acre ranch again LOL
 
So when you said, "I can tell you with 100% certainty that in BC if you post land No Hunting/No Trespassing , even the landowner is not allowed to hunt his own land." what you really meant was, "Maybe you can't according to a CO several year ago at Anna's place..."
 
Runningfool said:
So when you said, "I can tell you with 100% certainty that in BC if you post land No Hunting/No Trespassing , even the landowner is not allowed to hunt his own land." what you really meant was, "Maybe you can't according to a CO several year ago at Anna's place..."
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well kinda..... ya
but living where we do in rural BC , I know many people up here with huntable land posted No Hunting and it's shared common belief that if you post it no hunting, you can't hunt it..... so yes..... I could say with 100% certainty that before this thread.... and my subsequent google searches......I believed that claim.
I'm still not convinced though, as in..... I would like to know about posted land and property insurance as it's possible it was that avenue where I've heard the discussion as well.
Being someone who is actively searching BC and alaska for property suitable for hunting on...... I want to know the real scoop and not just what I was certain of .

as for people posting No hunting signs on crown land...... that's an old trick to protect your favorite moose wallow at the beginning of the season from the out of town hunters LOL
 
45ACPKING said:
as for people posting No hunting signs on crown land...... that's an old trick to protect your favorite moose wallow at the beginning of the season from the out of town hunters LOL
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We have a woman in town that has a big ole NO Trespassing sign up off the edge of a main fsr to confuse people from hunting up it, it’s a real grouse hot spot for me up that area and I know that the logging road and area after her property are crown land.

See she has a small patch of green land on the side of the road that the sign is staked up on, it’s her private land but she put it as close to the road as possible so it looks like the road is her private drive. You don’t see the fsr road sign with radio channels etc on it till you drive past her property boundary marker just around the corner lol. She always gives me the stink eye when she sees me coming or going, I know her game and I ain’t playing haha.
 
I've heard stories of people with permission to hunt on property they do not own, have posted it just before deer season just in hopes of deterring others and keeping it for themselves and taking signs down after again without the knowledge of the landowner.

Anyway, got an update on the situation. Landowner had it out with gang leader he is trying to keep out. He comes in from opposite side of bush to a stand that is right on the property line but set up in a position that he most likely is taking deer on the property he doesn't have permission on. He told the hunter that our gang are the only ones allowed in there and guys reply was that he didn't give a crap, come Monday someone will be in that stand. There was some mention of landowner sawing his stand down the middle. Landowner said he'll be keeping a close eye on the property. So I'm thinking we'll stay out for now so if someone is back there landowner will know its not us and he can deal with him accordingly.
 
Dukester said:
Trespass an offence

2 (1) Every person who is not acting under a right or authority conferred by law and who,

(a) without the express permission of the occupier, the proof of which rests on the defendant,

(i) enters on premises when entry is prohibited under this Act, or

(ii) engages in an activity on premises when the activity is prohibited under this Act; or

(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,

is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1.
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Offence section for Ontario. I think the owner can give himself permission. :d

And no, you can't lawfully trespass to recover game without permission. There are some mentions of making all efforts to recover migratory game birds but I am not gonna research that.
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Excellent.
 
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