To All Encampment Participants,
This is a notice under the Trespass to Property Act, R.S.O.1990, c. T. 21. You are hereby given notice that you are immediately prohibited from:
- Occupying and remaining in the field in front of the Graduate House on the University of Waterloo campus in Waterloo, Ontario (the "Encampment");
- Erecting, installing, or maintaining unauthorized tents, shelters, equipment, or other structures on University of Waterloo property, including in the Encampment;
- Occupying, gathering, or remaining at the University of Waterloo property, including at the Encampment between the hours of 10 p.m. and 8 a.m. unless specifically authorized; and,
- Gathering for the purpose of an Encampment at the University of Waterloo or in a manner inconsistent with our policies.
You have been asked verbally and in writing to leave the premises and have not complied with the request.
If you do not comply and remain in the Encampment and/or continue to participate in prohibited activities at the University of Waterloo, the University will pursue consequences under University policies, and/or agreements, and the law.
This notice may be enforced under the provisions to the Trespass to Property Act, R.S.O. 1990, c. T.21, by any other legal means available to the University of Waterloo. Under the Trespass to Property Act, every person who engages in an activity on premises when the activity has been prohibited under the Act is guilty of an offence and is liable, on conviction, to a fine of not more than $10,000.
SIGNED - KATE WINDSOR
Duly Authorized Agent of the Occupier/Owner University of Waterloo
Relevant provisions of the Trespass to Property Act, R.S.O. 1990, c. T.21, are set out below:
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.
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.
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.
Method of giving notice
5 (1) A notice under this Act may be given,
(a) orally or in writing;
Arrest without warrant on premises
9 (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2.