Ontario - Trespass to Property Act

Answer 1

You are wrong, if you do not sign the trespass notice, you will still be held accountable for trespassing. I know this because I am a security guard and do this all the time without signature. For example, if the person is in handcuffs, how can you get the suspect to sign? Just because you do not sign it, does not mean it is not valid. With or without, IT IS VALID.

Answer 2

The trespass to property act is virtually used by businesses wishing to keep unwanted individuals out of the store.  In other words shoplifters.  There is no harden rule how long the notice can be implemented for.  The notice can be challenge puting the onus on the company to show cause.

For example Wal-mart which is the leader in issuing trespassing notices has a potential problem since (1) it is a publicly trade company and therefore not private property and (2) if you had bought something from them a warranty was applied at the time of purchase and you have full right to access that warranty under the consumer protection act.

It is advised that you challenge the trespass notice if you feel its unjust.  Most companies will simply rescind the order rather then challenging.

Today the police issue fines for the breach instead of charging a person with a criminal offence.

If you didn't sign the trespass notice IT IS NOT VALID