Can a security guard arrest someone in Canada?

Yes, but usually only with the same powers as any person under section 494 of the Criminal Code, plus provincial trespass law. Guards are not peace officers, and employer policy may limit arrests further.

Can security guards search my bag?

Guards have no general power to search people. A search usually needs your consent, or is a condition of entry that you can decline by not entering. Some employers also allow a limited safety search for weapons after a lawful arrest.

What must a guard do after an arrest?

Call police and deliver the person to a peace officer right away, watch the person's well-being, and record what happened.

Are trespass laws the same in every province?

No. Trespass is mainly provincial law, so notice rules, offences and fines differ. Ontario and Alberta are used as examples in this course.

L’attestation est-elle accréditée ou reconnue officiellement ?

Non. C’est une attestation de réussite privée, uniquement pour vos connaissances. Elle n’est reconnue, accréditée ni approuvée par aucun gouvernement, organisme de délivrance des permis, autorité de réglementation ou établissement d’enseignement, et elle ne remplace aucun permis, aucune certification ni aucune formation exigés par la loi.

Arrest, Trespass and Search Powers Course 2026

Question 1 sur 25

Where do most of a security guard's arrest powers come from?

The same police powers given to peace officers
A special section of the Criminal Code for guards only
The guard's employer contract alone
Section 494 of the Criminal Code, which applies to any person

Voir la réponse

Réponse: D. Section 494 of the Criminal Code, which applies to any person

Guards are not peace officers. Their main arrest powers are the citizen's arrest powers in section 494 of the Criminal Code.

Question 2 sur 25

Under section 494(1)(a), anyone may arrest without a warrant a person they find committing…

any rude or disrespectful act
any bylaw infraction
any provincial offence
an indictable offence

Voir la réponse

Réponse: D. an indictable offence

Section 494(1)(a) covers a person found committing an indictable offence.

Question 3 sur 25

Why is it risky for a guard to arrest someone based only on what another person told them?

Arrests are only allowed when police are already present
Guards may never arrest anyone
Reports from other people are always false
Section 494 requires that you find the person committing the offence yourself, with limited exceptions

Voir la réponse

Réponse: D. Section 494 requires that you find the person committing the offence yourself, with limited exceptions

Most of section 494 uses the words "finds committing". An arrest based on a rumour or second-hand report may be unlawful.

Question 4 sur 25

Section 494(1)(b) allows anyone to arrest a person they believe on reasonable grounds has committed a criminal offence and…

refuses to give their name
was seen at the site last week
is escaping from and freshly pursued by people with lawful authority to arrest them
has a criminal record

Voir la réponse

Réponse: C. is escaping from and freshly pursued by people with lawful authority to arrest them

This part covers a person who is escaping and being freshly pursued by people who have lawful authority to arrest them.

Question 5 sur 25

Under section 494(2), who may arrest a person found committing a criminal offence on or in relation to property?

Any person who lives in the same city
Only police officers
Only the owner in person
The owner, a person in lawful possession, or a person they authorize, such as a guard

Voir la réponse

Réponse: D. The owner, a person in lawful possession, or a person they authorize, such as a guard

Section 494(2) gives this power to the owner or lawful possessor of property and to people they authorize, which is how many site guards act.

Question 6 sur 25

Under section 494(2), when may the arrest be made a reasonable time after the offence, instead of at that time?

Whenever the guard finishes other duties first
Only if the suspect agrees to wait
Only within 7 days
When the person arresting believes on reasonable grounds it is not feasible for a peace officer to make the arrest

Voir la réponse

Réponse: D. When the person arresting believes on reasonable grounds it is not feasible for a peace officer to make the arrest

A delayed arrest is allowed only within a reasonable time and only if it is not feasible for police to make the arrest.

Question 7 sur 25

An offence can be prosecuted either by indictment or by summary conviction (a hybrid offence). How is it treated under section 34(1)(a) of the Interpretation Act?

It is deemed to be an indictable offence
It is not an offence at all
It is always a summary offence
It can only be dealt with by police

Voir la réponse

Réponse: A. It is deemed to be an indictable offence

Section 34(1)(a) deems an offence indictable when the law says it may be prosecuted by indictment. This matters because section 494(1)(a) refers to indictable offences.

Question 8 sur 25

Under section 29(2) of the Criminal Code, what must a person who makes an arrest do, where it is feasible?

Search the person's home
Take the person's photograph
Tell the person the reason for the arrest
Ask the person to sign a statement

Voir la réponse

Réponse: C. Tell the person the reason for the arrest

Everyone who arrests a person must give notice of the reason for the arrest, where it is feasible to do so.

Question 9 sur 25

According to Alberta's Security Programs policy, what must a licensee do before making an arrest?

Get written permission from the client
Show a police badge
Verbally identify themselves as security
Call a lawyer for the suspect

Voir la réponse

Réponse: C. Verbally identify themselves as security

Alberta licensees must say they are security before an arrest and show their licence card afterwards if asked.

Question 10 sur 25

What must a guard do after arresting someone without a warrant?

Release the person after taking their name
Deliver the person to a peace officer forthwith
Hold the person until the client decides what to do
Drive the person to the courthouse

Voir la réponse

Réponse: B. Deliver the person to a peace officer forthwith

Section 494(3) requires anyone other than a peace officer to deliver the arrested person to a peace officer forthwith (right away).

Question 11 sur 25

What does section 494(4) of the Criminal Code add for a person making a lawful arrest under section 494?

They may use any amount of force they like
They are treated as authorized by law under section 25, so they may use as much force as necessary if acting on reasonable grounds
They gain all the powers of a peace officer
They may keep the person for 24 hours

Voir la réponse

Réponse: B. They are treated as authorized by law under section 25, so they may use as much force as necessary if acting on reasonable grounds

Section 494(4) links lawful citizen's arrests to section 25, which allows only as much force as necessary on reasonable grounds.

Question 12 sur 25

What can happen to a guard who makes an unlawful arrest?

They may face criminal charges, such as assault, and a civil lawsuit
Only a warning from the client
Nothing, because guards are protected by their employer
Nothing, if they meant well

Voir la réponse

Réponse: A. They may face criminal charges, such as assault, and a civil lawsuit

An arrest without legal authority can be a crime and can lead to a lawsuit, for example for false imprisonment.

Question 13 sur 25

According to the federal government's guide to the Charter, who does the Charter of Rights and Freedoms apply to?

Governments, not private persons or businesses
Only private security companies
Only courts and judges
Only people born in Canada

Voir la réponse

Réponse: A. Governments, not private persons or businesses

The Charter limits government action. Private guards are still bound by the Criminal Code, provincial laws and civil law.

Question 14 sur 25

A guard wears a badge and uniform that would likely make people think they are a police officer. Under section 130 of the Criminal Code, this can be…

a minor dress code issue only
allowed if the guard is on duty
allowed if the client approves
the offence of personating a peace officer

Voir la réponse

Réponse: D. the offence of personating a peace officer

Section 130 makes it an offence to falsely claim to be a peace officer or to wear a badge or uniform likely to make people believe it.

Question 15 sur 25

Under section 9 of Ontario's Trespass to Property Act, who may arrest without a warrant a person on premises in breach of section 2?

Only the property's insurance company
Only a police officer
Any person passing by
A police officer, the occupier, or a person the occupier authorizes

Voir la réponse

Réponse: D. A police officer, the occupier, or a person the occupier authorizes

Section 9 gives this arrest power to police, the occupier and people authorized by the occupier, such as guards.

Question 16 sur 25

Under Ontario's Trespass to Property Act, which of these is an offence?

Walking past a property on a public sidewalk
Asking a guard for directions
Not leaving immediately after being directed to by the occupier or a person they authorize
Entering a store during business hours to shop

Voir la réponse

Réponse: C. Not leaving immediately after being directed to by the occupier or a person they authorize

Section 2 makes it an offence to enter where entry is prohibited, to do a prohibited activity, or to fail to leave immediately when directed.

Question 17 sur 25

Under Alberta's Trespass to Premises Act, what must a guard who apprehends a trespasser do next?

Deliver the person to a peace officer as soon as practicable
Keep the person until the owner arrives
Release the person at the property line after a warning
Take the person's photo and let them go

Voir la réponse

Réponse: A. Deliver the person to a peace officer as soon as practicable

Section 5 lets an owner or authorized person apprehend a trespasser, but anyone who is not a peace officer must deliver the person to a peace officer as soon as practicable.

Question 18 sur 25

Under Alberta's Trespass to Premises Act, where must signs be posted to give notice not to trespass on a building?

At each entrance normally used to enter the premises
Only on the roof
Only at the main entrance
Anywhere inside the building

Voir la réponse

Réponse: A. At each entrance normally used to enter the premises

Signs at each entrance normally used give notice under the Act. Notice can also be given orally or in writing.

Question 19 sur 25

Under Alberta's trespass laws, what is the maximum fine for a person's first trespass offence?

$100
$500
$10,000
$2,000

Voir la réponse

Réponse: C. $10,000

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

Question 20 sur 25

Why must a guard learn the trespass law of the province where they work?

Trespass laws are provincial, so the rules differ from province to province
There is one national trespass law
Trespass laws only apply to farms
Trespass is only in the Criminal Code

Voir la réponse

Réponse: A. Trespass laws are provincial, so the rules differ from province to province

Each province has its own trespass law, with its own notice rules, offences and fines.

Question 21 sur 25

Does a security guard have a general legal power to search people?

Yes, guards may search anyone on the property
No; searches generally need consent or a lawful condition such as an entry rule, and must follow employer policy
Yes, but only people under 18
Yes, if the guard suspects anything at all

Voir la réponse

Réponse: B. No; searches generally need consent or a lawful condition such as an entry rule, and must follow employer policy

Guards have no general search power. Consent, conditions of entry and narrow safety searches after an arrest are the usual bases, within policy.

Question 22 sur 25

An event makes a bag check a condition of entry. A person refuses the check. What may the guard do?

Take the bag and return it after the event
Search the bag anyway
Arrest the person for refusing
Refuse the person entry, but not force a search

Voir la réponse

Réponse: D. Refuse the person entry, but not force a search

A condition of entry lets you refuse entry to someone who does not agree. It does not give you power to search without consent.

Question 23 sur 25

Under section 30 of the Criminal Code, what may a person who witnesses a breach of the peace do?

Use any force needed to punish them
Fine the people involved
Step in to stop it and detain those involved to hand them to a peace officer, using no more force than reasonably necessary
Detain them for as long as the client wants

Voir la réponse

Réponse: C. Step in to stop it and detain those involved to hand them to a peace officer, using no more force than reasonably necessary

Section 30 allows a person to interfere to prevent a breach of the peace continuing or being renewed, and to detain people to hand them to police.

Question 24 sur 25

Which step is part of a proper consent search, where policy allows searches?

Search without asking to save time
Ask permission first and have a witness present
Search people of any sex without a witness
Keep any money found as a reward

Voir la réponse

Réponse: B. Ask permission first and have a witness present

A consent search starts with clear permission, uses a same-sex searcher where possible, has a witness, is systematic and is recorded.

Question 25 sur 25

A person under arrest says they want to call a lawyer. What should the guard do?

Let police handle it quickly by calling them right away and noting the request
Refuse, because guards never allow phone calls
Call the person's employer
Make the person answer questions first

Voir la réponse

Réponse: A. Let police handle it quickly by calling them right away and noting the request

Section 10 of the Charter (the right to a lawyer) applies to police, which is one more reason to call police right away. Note the request in your report.

Arrest, Trespass and Search Powers Course 2026

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