Northwest Territories Security Law & Trespass Course: Lessons 2026

Lesson 1: Security work without a territorial licence

Most provinces license security guards and security companies under their own act. The NWT does not have a law that licenses or regulates private security. There are no territorial licence classes, no territorial guard ID card and no territorial regulator for the industry.

This gap has been noticed. In March 2026, the Legislative Assembly's Standing Committee on Social Development reported on the territory's new trespass bill. It recommended that the Government of the Northwest Territories (GNWT) urgently create legislation to regulate private security companies, including Northern and Indigenous cultural awareness training.

What governs your work today

• The Criminal Code of Canada, which applies everywhere in Canada
• Common law, such as the law of trespass to land
• Territorial laws such as the Safety Act and, once in force, the Trespass to Property Act
• Your employer's policies, the client contract and your post orders

Because there is no territorial rule on uniforms or titles, the Criminal Code is your guide. Section 130 makes it an offence to falsely pretend to be a peace officer, or to use a badge, uniform or equipment in a way that is likely to make people think you are one. Never call yourself police, and never claim powers you do not have.

Lesson 2: Trespass in the NWT before the new act

Every province has a trespass law. Until recently, no territory had a law on trespass to private property; Yukon's law covers school grounds only. The NWT Department of Justice explained that the territory lacked an act governing trespass on private property.

Without a territorial act, trespass was handled by a mix of rules:

• The common law tort of trespass to land, which lets an owner sue in civil court
• Criminal Code section 177, which makes it an offence to loiter or prowl at night on another person's property near a dwelling-house, without lawful excuse
• Other Criminal Code offences, such as mischief or theft, when a person does more than trespass

Section 177 is narrow. It does not cover a person who stays in a store, an office lobby or a parking lot during the day after being asked to leave. That is why owners and businesses asked for a territorial trespass law.

Lesson 3: The Trespass to Property Act

Bill 34, the Trespass to Property Act, is the NWT's first trespass law. It was introduced in October 2025. The Standing Committee held public hearings in Yellowknife and Hay River in January 2026 and made nine amendments. The bill passed and received assent on March 6, 2026. Under section 14, it comes into force on a day set by order of the Commissioner, and regulations are still needed. Check with your employer or the Department of Justice whether it is in force before you rely on it.

What the Act does

• It makes trespass a territorial offence.
• It covers private property, schools, and some private interests on public land, such as leases.
• It limits "occupier" to a lawful occupier, such as an owner or renter.
• It is an offence to stay on premises after being directed to leave.
• A court may add an order prohibiting entry to a premises for up to three years.
• It is an offence to post "no trespassing" signs without lawful authority.
• Land, resource and self-government agreements take priority, and the Act must be read consistently with Indigenous and treaty rights.

How notice is given

Some places, such as a garden or field, need no notice at all. People are presumed to have permission to come to the door of a building for lawful reasons, such as delivering mail.

Who enforces it

The RCMP remove trespassers, make arrests and lay charges. Under the Act, only peace officers may arrest for trespass. The occupier, or a person the occupier authorizes, such as a guard, may give notice and tell a person to leave, but has no arrest power under the Act. The Act was amended so the Minister may name other classes of peace officers, such as municipal bylaw officers, in regulations. The Committee did not give enforcement powers to private security.

Lesson 4: Arrest and handing a person to the RCMP

Your arrest powers come from the Criminal Code, section 494. They are the same powers any citizen has.

In the NWT, the territorial police service is the RCMP. After an arrest, call the RCMP right away, stay with the person, keep them safe and hand them over when officers arrive.

• Arrest only when you saw the offence or the law clearly allows it.
• Tell the person they are under arrest and why.
• Do not question or search them beyond what your policy and the law allow.
• Write detailed notes as soon as you can.

Lesson 5: Use of force and defence of property

Under Criminal Code section 25(1), a person who is authorized by law to do something, such as making a lawful arrest, is justified in doing it if they act on reasonable grounds, and may use as much force as is necessary for that purpose. Force beyond that is not protected.

Section 35 gives a defence when protecting property. A person who reasonably believes they are in peaceable possession of property, or who acts under the authority of that person, may act to stop someone from entering without legal right, or to remove them, or to stop them from taking or damaging the property. The act must be reasonable in the circumstances.

Culture and community

Many people you meet on patrol in the NWT are Indigenous. The Legislative Assembly committee heard concerns about cultural safety and recommended cultural awareness training for private security. Speak respectfully, give people time, and use calm words before any physical step.

• Talk first and give the person a clear chance to leave.
• Keep your distance and an exit route.
• Call the RCMP instead of using force over property alone.
• Report any force you used, in full, right away.