Charged With Trespassing in Ontario? Fines, Notice Rules and Defences
Charged under Ontario’s Trespass to Property Act? Learn the $10,000 maximum fine, the $50 set fine, the 2025 changes, notice rules and common defences.
Frequently Asked Questions
What is the fine for trespassing in Ontario?
The maximum fine under section 2 of the Trespass to Property Act is $10,000. If you received a Part I ticket, the set fine is $50 plus a $10 victim fine surcharge and court costs, and the fine cannot exceed $1,000 even if you are convicted at trial.
Will a trespassing charge give me a criminal record?
No. A charge under the Trespass to Property Act is a provincial offence, not a Criminal Code offence, so a conviction does not create a criminal record. Separate criminal charges such as mischief or break and enter are different.
Can a security guard arrest me for trespassing?
Yes. Section 9 of the Trespass to Property Act allows the occupier or a person authorized by the occupier, such as a security guard, to arrest without a warrant someone they reasonably believe is trespassing. They must promptly call the police and hand you over.
What changed in Ontario’s trespass law in 2025?
The Safer Municipalities Act, 2025 added aggravating factors in force June 5, 2025. Courts must now treat it as more serious if you were still on the premises more than 24 hours after notice to leave, or if you are likely to trespass again.
Do I have to go to court for a trespass ticket?
Not for a Part I ticket: you can pay, request a meeting with the prosecutor where offered, or ask for a trial within 15 days. For a Part III summons there is no set fine, and you or your representative must attend court.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email general@legalassist.london for a free consultation.