Lesson 1: Manitoba's security licensing law
In Manitoba, security work is regulated by The Private Investigators and Security Guards Act (C.C.S.M. c. P132) and the Private Investigators and Security Guards Regulation (M.R. 164/2010). The Act is run by a Registrar through Manitoba Justice's Private Investigators and Security Guards Program. The Registrar decides who may hold a licence.
| Topic | What the law says |
|---|---|
| Who needs a licence | Security businesses need a business licence; each guard needs an individual licence |
| Employers | A company that employs its own guards, but is not a licensed security business, must register as a security guard employer |
| Who you work for | A licensed security business or a registered employer (s. 5(4)) |
| Âge minimum | 18 (s. 30) |
| Training and exam | Approved training, then at least 75% on the Registrar's exam (regulation s. 5) |
| Failed exam | After 3 failed attempts, repeat the training program |
| Licence term | Up to 1 year (regulation s. 9) |
Lesson 2: Rules on the job
- Carry your licence while on duty and show it when asked (s. 32(1)).
- On duty, the only evidence of authority a guard may have or display is the licence and the approved uniform (s. 32(2)). Do not carry or show any other card, badge or ID as proof of authority unless it is part of the uniform the Registrar approved.
- Wear a uniform approved by the Registrar (s. 33(1)). It must have a chest patch or plate reading SECURITY GUARD in block letters at least 1.2 cm high, and must be clearly different from police and military uniforms (regulation s. 6).
- The Registrar may exempt a guard from the uniform rule while working as a loss prevention officer (regulation s. 7).
- Do not use titles such as "protection officer" or "law enforcement officer" (s. 27.1), and never suggest you are linked to the police (s. 35).
- Report a criminal charge or conviction, or a change of address for service, to the Registrar within 15 days (s. 19.1).
- Return your licence to the Registrar if it expires or is suspended or cancelled (s. 19).
- Breaking the Act or regulation is an offence (s. 37).
Equipment
Manitoba Justice says guards may not possess or use OC (pepper) spray, which is a prohibited weapon, and may not carry restricted weapons. Batons should not be carried or used as weapons. Handcuffs are not banned, but only the minimum force needed may be used on a person who is lawfully under arrest.
Lesson 3: Manitoba's Trespass Act
Manitoba's trespass law is The Trespass Act (C.C.S.M. c. T156). It used to be called The Petty Trespasses Act. Amendments that renamed and rewrote it came into force on October 15, 2021.
Places where no warning is needed
Under section 1(1)(a), it is an offence to enter these places without the permission of the owner, tenant or occupier:
- Land or premises fully enclosed by a fence, wall or natural boundary
- Land that is partly enclosed or marked with conspicuous signs showing an intent to keep people off
- A construction site
- A residential lawn or garden
- A farmyard or farm equipment storage site, and land used for crops, grazing, raising birds or fish, or beekeeping
Other places
On other land, section 1(1)(b) makes it an offence to enter after being told not to, or to stay after being asked to leave. Places where the public is normally let in free of charge, like a mall, are not on the "no warning" list, but a person who stays after being asked to leave still commits an offence. On occupied premises, the request must come from the person actually occupying it, or with their approval (s. 1(2)). That is how a guard acts for a client.
Exceptions
- Using an open pathway to a building's door (s. 1(1.1)).
- Peace officers, first responders, meter readers, inspectors and mail carriers doing their job (s. 1(3.1)).
- A person who honestly and reasonably believes they have a right to be there (s. 1(4)).
- Communicating true statements on the outdoor walkways, driveways or parking areas of a business open to the public free of charge (s. 4).
Lesson 4: Arrest, removal and force
The old Petty Trespasses Act had a section 2 that let a property owner arrest a trespasser. That section was repealed in 2021 (Bill 63). The Trespass Act now gives owners and guards no power to arrest for trespass. If a person will not leave, call the police.
Manitoba Justice says a guard has the same powers of arrest as a private citizen under section 494 of the Criminal Code, and no extra powers.
| Criminal Code | What it says |
|---|---|
| s. 494(1) | Anyone may arrest a person found committing an indictable offence, or a person they reasonably believe committed a criminal offence and is escaping from people with lawful authority who are chasing them |
| s. 494(2) | The owner, the person in lawful possession, or a person they authorize may arrest someone found committing a criminal offence on or in relation to that property, at the time, or within a reasonable time after if they reasonably believe police cannot make the arrest |
| s. 494(3) | The person arrested must be delivered to a peace officer promptly |
| s. 35 | A person who reasonably believes they are in peaceable possession, or who acts for that person, is not guilty of an offence for an act that is reasonable in the circumstances to prevent entry or to remove someone not entitled to be there |
| s. 25(1) | A person authorized by law, acting on reasonable grounds, may use as much force as is necessary for that purpose |
Five factors to weigh before and after using any force.
- The threat you actually face.
- Whether force is needed at that moment.
- Whether the force is in proportion to the threat.
- Other options, such as talking, stepping back or calling police.
- Care for the person afterwards, including first aid.
Sources
- The Private Investigators and Security Guards Act, C.C.S.M. c. P132 (Manitoba Laws)
- Private Investigators and Security Guards Regulation, M.R. 164/2010 (Manitoba Laws)
- Manitoba Justice: Private Investigators and Security Guards Program, individual FAQ
- The Trespass Act, C.C.S.M. c. T156 (Manitoba Laws)
- Bill 63 (2021): The Petty Trespasses Amendment and Occupiers' Liability Amendment Act
- Criminal Code, section 494 (arrest without warrant)
- Criminal Code, section 35 (defence of property)
- Criminal Code, section 25 (protection of persons acting under authority)