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.
posted property
- Thread starter cantgetright
- Start date
- Location
- Blaster land, Okanagan BC
When in doubt, get permission in writing and have the landowners contact info on the letter. Keep it on your person while out hunting that land.
And the correct answer came along PDQ.
Get it in writing and you are good to go.
Rob
I can't speak for the Ontario regulations, but in Alberta and Saskatchewan , anyone with permission can hunt on land posted "No Hunting". Some fools threatened to call F&W and report us for hunting on a friends land so posted, and I told them to call away. Of course nothing happened, and the fools never bothered us again.
- Location
- Western Manitoba
Just as Stubblejumper wrote. I can't speak for other jurisdictions, but this is exactly so for Sask. I took the Sask. Hunter Safety course in 1969. I taught the course through the 1990's. This subject was clearly covered during those years. Maybe other provinces "rules" are different; maybe they changed the course content. A landowner can control access to his land, including giving permission - posting "No Hunting", "No Trespassing", "Hunting with Permission Only", "Hunting on Foot Only" all amount to owner standing for his ownership rights to control access to his property. If you are seen in a posted field, a passing Game Warden probably has "reason to believe" an offence is being committed - best to have the permission, in writing, on your person. I have been stopped several times in those circumstances - nothing ever came of it, because of the paper in my wallet - I do not recall them even phoning the landowner.
In Alberta, no signs are necessary on private property. Thou shalt not Trespass without permission.
Grizz
The OP I think was concerned about the “myth” and not what was needed to cover permission.
The “Hunting With Permission Only” would cancel out the myth believers of the landowner not being allowed to hunt on the private property in question.
The “Hunting With Permission Only” would cancel out the myth believers of the landowner not being allowed to hunt on the private property in question.
Trimmer 905
CGN Ultra frequent flyer
Land posted "No Hunting" that means nobody hunts is in Nova Scotia provincial regs and it's the only one in Canada AFAIK. In Ontario,private property can be hunted no matter what the signs say as long as you have permission. Landowner permission forms can be downloaded free from www.ofah.org
In Ontario a No Trespassing sign means just that . A No Hunting sign does not mean no trespassing so if you are trespassing without the land owners permission to trespass you can be charged . If you are on land posted No Hunting you could be bird watching , taking pics of wildlife or many other reasons as no sign specified No Trespassing , and you aren't hunting . The only sign that covers it all and offers no right for any reason to anyone being on your land is , No Trespassing . Judges have interpreted that a No Hunting sign infers that activities other than hunting may be permissible . Get permission in writing and don't believe anyone who says that a land owner who posts signs can't hunt his own land or authorize anyone else he chooses to hunt his land .
I dont know about Ontario, but in BC Land still has to be posted as No Trespassing, but a fence row or a tree row or a ditch can and does denote property lines.
So, while hunting and stumbling upon or passing through property to get to that hunting spot without Permission is Trespassing.
Common sense has been tossed with the bath water in many cases.
Simple mistakes can be made and generally forgiven, but blatant disregard for Posted Land is no excuse.
Rob
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.
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.
