The Act defines an “occupier” of premises as either a person who is in physical possession of premises or a person having responsibility for and control over the condition of the premises, the activities carried on there or entry of persons on to the premises.
“Premises” can be lands and structures, including ships, trailers used for shelter, and trains, railway cars, vehicles and aircraft when not in operation.
The Act outlines the occupier’s duty to ensure that persons entering the premises are reasonably safe while on the premises, unless the risks are willingly assumed. If risks are willingly assumed, the occupier still has a duty to take all reasonable precautions not to cause a situation of potential harm to the person or their property.
A person is deemed to have willingly assumed all the risks upon entering the following premises:
(a) a rural premises that is used for agricultural purposes, including land under cultivation, orchards, pastures, woodlots and farm ponds,
(b) golf courses when not open for playing,
(c) utility rights-of-way and corridors, excluding any structures that may be located on the right-of-way,
(d) unopened road allowances,
(e) marked private roads, and
(f) marked recreational trails,
under any of the following conditions:
(a) where the entry is prohibited under the Trespass to Property Act;
(b) where the occupier has not otherwise expressly permitted entry, or
(c) where the entry is for the purpose of a recreational activity and no fee is paid for the entry or activity and the person is not being provided with living accommodation by the occupier.