Arrest, Trespass and Search Powers: Lessons 2026

Lesson 1: Where a guard's authority comes from

Security guards are not police officers or peace officers. In most situations you have the same legal powers as any other person. Your authority on a site comes from a few sources:

The Criminal Code, mainly section 494 (arrest without warrant by any person) and the force rules in sections 25 to 35.
The property owner or occupier, who authorizes you to act for them on their property.
Your province's trespass law, which lets occupiers and people they authorize remove trespassers.
Your licence conditions and your employer's policies and post orders, which may limit what you do even further.

The Canadian Charter of Rights and Freedoms limits what governments do. The federal guide to the Charter says it does not apply to private persons or businesses. That does not mean guards can do as they like: you are still bound by the Criminal Code, provincial laws and civil law.

Lesson 2: Arrest under the Criminal Code

Section 494 of the Criminal Code allows anyone to arrest without a warrant in three situations:

Section	Who may arrest	When
494(1)(a)	Anyone	You find a person committing an indictable offence
494(1)(b)	Anyone	You believe on reasonable grounds the person has committed a criminal offence and is escaping from and freshly pursued by people with lawful authority to arrest them
494(2)	The owner or lawful possessor of property, or a person they authorize (such as a guard)	You find a person committing a criminal offence on or in relation to that property. Arrest at that time, or within a reasonable time after if you believe on reasonable grounds that it is not feasible for police to make the arrest

The words "finds committing" matter. In most cases you must see the offence yourself. Arresting someone based on a rumour or a second-hand report is risky and may be unlawful.

Offences that the Crown may prosecute either by indictment or by summary conviction (hybrid offences, such as many thefts and assaults) are deemed indictable under section 34(1)(a) of the Interpretation Act.

Lesson 3: Making an arrest and what comes after

Arrest is a last resort. Follow your employer's policy, and only arrest when you have clear legal grounds and it is safe to do so.

Identify yourself as security. Alberta's Security Programs policy, for example, requires licensees to say they are security before an arrest.
Tell the person they are under arrest and why. Section 29(2) of the Criminal Code says anyone making an arrest must give notice of the reason, where it is feasible.
Use only as much force as necessary. Section 494(4) links lawful arrests to section 25, which allows only as much force as necessary when acting on reasonable grounds.
Call police right away. Section 494(3) says anyone other than a peace officer must deliver the arrested person to a peace officer forthwith.
Watch the person's well-being until police arrive and get medical help if needed.
Record everything: times, words used, witnesses, force used and the hand-over to police.

If the person asks for a lawyer, note the request and tell police when they arrive. The Charter right to a lawyer on arrest (section 10) applies to police, which is another reason to call them quickly. Do not question the person to get a confession; leave the investigation to police.

Breach of the peace

Section 30 of the Criminal Code allows anyone who witnesses a breach of the peace (such as a fight) to step in to stop it from continuing or starting again, and to detain those involved to hand them to a peace officer. The force used must be no more than reasonably necessary and in proportion to the danger.

Lesson 4: Trespass

Trespass is mainly governed by provincial law, so the rules differ across Canada. Learn the law where you work. Two examples:

	Ontario: Trespass to Property Act	Alberta: Trespass to Premises Act
Notice	Oral, written, signs or coloured markings	Oral, written, or signs at each entrance normally used
Arrest or apprehension	Police, the occupier, or a person the occupier authorizes may arrest without a warrant	The owner or an authorized representative may apprehend without a warrant
After the arrest	A person other than police must promptly call police and hand the person over	A person who is not a peace officer must deliver the person to a peace officer as soon as practicable

Under section 2 of Ontario's Act, it is an offence to enter where entry is prohibited, to do a prohibited activity, or to not leave immediately when directed by the occupier or a person they authorize.

In Alberta, a first trespass offence can bring a fine of up to $10,000, up to 6 months in jail, or both.

Asking someone to leave

Identify yourself and explain that you act for the owner or occupier.
Tell the person clearly that they must leave now, and why.
Show them the way out and give them a chance to go.
If they refuse, follow your policy: usually call police rather than use force.
Record the time, what was said and the person's description.

Lesson 5: Searches

Guards have no general legal power to search people or their belongings. Searches are usually based on one of these:

Consent: the person freely agrees. They may refuse or withdraw consent at any time.
A condition of entry: for example, bag checks at an event. If a person refuses, you may refuse them entry, but you may not force a search.
Safety after an arrest: some employers allow a limited search for weapons for safety. Follow your training and policy exactly.

Steps for a search with consent, where the law and your employer allow searches.

Ask for permission and explain why. The person may say no.
Where possible, the searcher is the same sex as the person being searched.
A witness watches the search.
Search carefully and in order, looking only for what you are allowed to look for.
Record the search and anything found, and give any items to police.