News Release Archive
JUSTICE--THE OCCUPIERS LIABILITY ACT INTRODUCED ----------------------------------------------------------------- The Occupiers Liability Act was introduced in the Legislature today by Justice Minister Bill Gillis today. It is designed to clarify the liability an occupier of land owes to others, and brings Nova Scotia's legislation in line with several other jurisdictions in Canada. The act outlines more clearly the rights and responsibilities of both occupiers of land and visitors. The legislation is necessary because of the difficulties encountered with this area of common law, and the complications that have arisen over the centuries. As a result, it has become increasingly difficult for landowners to predict what their liability would be to different users of land, the minister said. The act more clearly defines the occupier to include a person who is in physical possession of the premises, or one who has the responsibility for, and control over, the condition of the premises. This would include activities conducted on the premises, and those allowed on the premises. It recognizes there may be cases where more than one "occupier" is responsible for the premises. For example, in places such as shopping malls, apartment buildings, and areas where an independent contractor may be working -- more than one "occupier" would be responsible for the condition of, and the activity on, the premises. Under the act, the duty of the occupier of land is to take reasonable care to see that those entering the premises and property are reasonably safe while there. (The standard of "reasonable care" is a familiar concept from the general law of negligence.) The act also lists factors that are to be considered by the courts when determining reasonable care: for instance, the age of the person, the ability of the person to appreciate danger, or the circumstances of entry into the premises. As well, the duty to take reasonable care does not apply to those who willingly accept the risks of entry. A lower standard applies in these cases; meaning the occupier must not create a danger with the deliberate intent of doing harm to an individual, or act with reckless disregard to the presence of that individual. This is designed to encourage landowners to make their land available to such people as hikers and skiers by reducing their liability for negligence. The act also specifies a number of types of land and premises where this lower standard of care will apply. This includes land used primarily for agricultural or forestry purposes, wilderness land, or recreation facilities closed for the season. This section is designed to deal with cases where such things as size and remoteness of the land make it difficult for the occupier to exercise complete control. It also recognizes situations where the occupier may be unaware of the dangers that might exist. The act also clarifies liability in rental situations. Currently, a visitor to a rental property must sue the tenant they are visiting, who in turn sues the landlord. Since the landlord is responsible for the condition of the premises, as outlined in the Residential Tenancies Act, this section allows the injured visitor to sue the responsible landlord, and avoids the circuitous route which previously existed. "There has been a great deal of consultation regarding this legislation," said Dr. Gillis. "We have worked closely with the Land Resource Coordinating Council of Voluntary Planning, which represents both landowners and users, and they have expressed their strong support for this legislation." -30- Contact: Michele McKinnon 902-424-6811 trp Apr. 12, 1996 - 11:25 a.m.