8.2 — The Source of a Security Guard's Authority
Agent of the Property OwnerA security guard primarily acts on behalf of the property owner or occupier, exercising the rights of the owner.
Authority Derived from Property RightsSecurity guards do not have the same legal authority as police officers — authority comes from property rights, not police powers.
Private vs. Public PropertyThe extent of authority differs depending on whether the property is private (restricted) or has public access (e.g., shopping malls).
Occupier's LiabilityProperty owners and their agents (including security guards) owe a duty of care to persons lawfully on the property.
8.3 — Personal Information Protection and Electronic Documents Act (PIPEDA)
PIPEDA governs how private-sector organizations collect, use, and disclose personal information. Security guards must understand their obligations:
- Proper procedures for handling, storing, disseminating, and destroying personal information.
- Personal information collected during security duties must be used only for its intended purpose.
- CCTV surveillance and recording must comply with PIPEDA requirements.
- Privacy breaches can result in complaints to the Privacy Commissioner and significant penalties.
The 10 Fair Information Principles
1Accountability
2Identifying Purposes
3Consent
4Limiting Collection
5Limiting Use / Disclosure / Retention
6Accuracy
7Safeguards
8Openness
9Individual Access
10Challenging Compliance
8.4 — Employment Standards Act (ESA)
The Employment Standards Act sets minimum standards for workplaces in Ontario, including:
Hours of WorkMaximum daily and weekly hours, rest periods.
OvertimeEntitlements for hours worked beyond the threshold.
Minimum WageCurrent Ontario minimum wage requirements.
Termination and SeveranceNotice requirements and entitlements.
8.5 — Trespass to Property Act (Ontario)
The Trespass to Property Act gives occupiers (and their agents, including security guards) the authority to control who enters and remains on their property:
Definition of Trespass — Entering without permission, failing to leave when asked, or engaging in a prohibited activity.
Authority to Enforce — The occupier or their authorized agent can prohibit entry or request a person to leave.
Trespass Notices — Can be given verbally or in writing; provide clear notice that the person is not permitted on the property.
Conditions of Entry — Occupiers can set conditions for entry (e.g., no pets, no alcohol, hours of access).
Prohibition of Entry vs. Activity — Occupiers can prohibit specific activities without banning entry entirely.
Arrest Powers — An occupier or authorized person may arrest without warrant a person believed on reasonable and probable grounds to be trespassing.
Signage Requirements — Proper signage must be posted to give adequate notice of restrictions.
Use of Force — Only reasonable force may be used to enforce trespass; excessive force can result in criminal charges or civil liability.
Penalties — Fines up to $10,000 for trespassing.
8.6 — Liquor Licence and Control Act / Cannabis Control Act
- Security guard responsibilities in licensed premises — verifying age, monitoring patron behavior, preventing over-service.
- Age verification — Must verify age using acceptable identification for purchase of alcohol or cannabis.
- Managing intoxicated persons — Deny entry, prevent further service, arrange safe transportation.
- Legal limitations — Security guards cannot serve alcohol; they can only monitor and enforce compliance.
- Duty of care for intoxicated individuals — Ensure intoxicated persons are not placed in danger when asked to leave.
8.7 — Criminal Code of Canada — Key Sections for Security Guards
8.7.1 — Citizen's Arrest — Section 494
s. 494(1)(a)Any person may arrest without warrant a person whom they find committing an indictable offence.
s. 494(1)(b)Any person may arrest without warrant a person who, on reasonable grounds, they believe has committed a criminal offence and is being freshly pursued by persons with lawful authority to arrest.
s. 494(2)The owner or a person in lawful possession of property, or a person authorized by the owner or possessor, may arrest without warrant a person whom they find committing a criminal offence on or in relation to that property. The arrested person must be delivered to a peace officer forthwith.
Key RequirementThe arrested person must be delivered to a peace officer forthwith (without delay). Failure to do so may constitute unlawful confinement.
8.7.2 — Use of Force in Enforcement — Section 25
s. 25(1)Every person who is required or authorized by law to do anything in the administration or enforcement of the law, who acts on reasonable grounds, is justified in using as much force as is necessary for that purpose.
s. 25(3)Force intended or likely to cause death or grievous bodily harm is only justified when necessary for self-preservation or preservation of others from death or grievous bodily harm.
Key RuleSecurity guards must always use the minimum force necessary.
8.7.3 — Self-Defence — Section 34
- A person may use reasonable force to defend themselves or another person from the use or threat of force.
- The force used must be proportional to the threat.
- Courts consider: the nature of the threat, the degree of force used, the size and capabilities of the parties, the availability of alternatives, and the role of the person in the incident.
8.7.4 — Defence of Property — Section 35
- A person in peaceable possession of property may use reasonable force to prevent trespass or to remove a trespasser.
- Force must be proportional and reasonable in the circumstances.
8.7.5 — Common Criminal Offences Security Guards Encounter
Theft (s. 322) — Fraudulently and without colour of right taking property with intent to deprive the owner.
Assault (s. 265) — Applying force intentionally, threatening to apply force, or accosting while openly wearing a weapon.
Mischief (s. 430) — Willfully destroying or damaging property, or rendering it dangerous, useless, or inoperative.
Break and Enter (s. 348) — Breaking and entering a place with intent to commit an indictable offence.
Trespass by Night (s. 177) — Loitering or prowling on another person's property at night without lawful excuse.
Causing a Disturbance (s. 175) — Fighting, screaming, shouting, swearing, or impeding persons in a public place.
8.8 — Tort Law
A tort is a civil wrong that causes harm to another person, for which the injured party may seek compensation through the courts. Security guards must understand common torts to avoid personal and employer liability:
AssaultIntentionally causing another person to apprehend imminent harmful or offensive contact.
BatteryIntentional harmful or offensive physical contact with another person without consent.
False Arrest / False ImprisonmentUnlawfully restraining or confining a person without legal authority.
NegligenceFailing to exercise the standard of care that a reasonable person would exercise, resulting in harm.
DefamationMaking false statements of fact that damage a person's reputation (libel = written; slander = spoken).
Malicious ProsecutionInitiating a criminal or civil proceeding without reasonable grounds and with malicious intent.
8.9 — The Canadian Charter of Rights and Freedoms
The Charter protects fundamental rights and freedoms. While the Charter generally applies to government actors, security guards must understand these principles:
Section 7Everyone has the right to life, liberty, and security of the person.
Section 8Everyone has the right to be secure against unreasonable search or seizure.
Section 9Everyone has the right not to be arbitrarily detained or imprisoned.
Section 10Everyone has the right on arrest or detention to be informed promptly of the reasons, to retain and instruct counsel without delay, and to have the validity of the detention determined.
8.10 — Ontario Human Rights Code
The Ontario Human Rights Code prohibits discrimination in employment, housing, services, and other areas. Security guards must treat all persons equally regardless of protected grounds. See Module 10 for detailed coverage of the Human Rights Code and its application to security work.
8.11 — Issues of Liability
Personal Liability — Security guards can be held personally liable for their unlawful actions.
Vicarious (Employer) Liability — Employers can be held liable for the actions of their employees performed in the course of employment.
Insurance Considerations — Professional liability insurance provides additional protection.
Documentation as Protection — Thorough, accurate documentation is the best defense against liability claims.
Acting Within Lawful Authority — Always ensure your actions are authorized by law and company policy.
8.12 — Module 8 Review Questions
Test your understanding of Module 8. The correct answer for each question is highlighted.
1. Under s. 494(1)(a) of the Criminal Code, any person may arrest without warrant a person:
- A.Suspected of planning a future crime
- B.Found committing an indictable offence
- C.Who has been reported to police by a third party
- D.Who is walking suspiciously near a building
2. What does "forthwith" mean in the context of a citizen's arrest?
- A.Within 24 hours
- B.At the guard's convenience
- C.Without delay — the arrested person must be delivered to police immediately
- D.Before the end of the guard's shift
3. Under s. 25(3) of the Criminal Code, force likely to cause death or grievous bodily harm is justified only when:
- A.The suspect is fleeing
- B.Property of significant value is at risk
- C.Necessary for self-preservation or preservation of others from death or grievous bodily harm
- D.The guard is alone and cannot call for backup
4. What tort may a security guard face if they detain someone without proper legal authority?
- A.Defamation
- B.Negligence
- C.False arrest / false imprisonment
- D.Malicious prosecution
5. Under the Trespass to Property Act, who may give a trespass notice?
- A.Only a police officer
- B.Any member of the public
- C.The occupier or their authorized agent (including security guards)
- D.Only a judge
6. What legislation governs the collection and handling of personal information in the private sector?
- A.The Criminal Code
- B.The Trespass to Property Act
- C.PIPEDA
- D.The Employment Standards Act
7. Under s. 494(2), an owner or authorized person who arrests someone on their property must:
- A.Detain the person until the next business day
- B.Deliver the person to a peace officer forthwith
- C.Release the person after issuing a verbal warning
- D.Transport the person to the nearest police station themselves
8. Which of the following best describes "occupier's liability"?
- A.The liability of a tenant for paying rent on time
- B.The duty of care owed by a property owner/occupier to persons on their property
- C.The liability of a security guard for traffic accidents
- D.The responsibility to post WHMIS labels on all containers
9. Section 9 of the Charter protects against:
- A.Unreasonable search and seizure
- B.Arbitrary detention or imprisonment
- C.Cruel and unusual punishment
- D.Discrimination on protected grounds
10. Which of the following is an example of negligence by a security guard?
- A.Making a lawful citizen's arrest
- B.Writing an accurate incident report
- C.Failing to address a known safety hazard that results in injury
- D.Requesting identification from a visitor