Prince Edward Island Security Law & Trespass Course: Lessons

Lesson 1: The licence law and who runs it

In Prince Edward Island, security work is controlled by the Private Investigators and Security Guards Act and its Regulations. The Act defines a security guard as a person who, for hire or reward, provides security services for people or property. Guard dog protection is included.

The Act is the responsibility of the Minister of Justice and Public Safety. In practice, the PEI Firearms Office of the Department of Justice and Public Safety handles licences. Its website has the application forms for a security guard licence and for a security guard business.

Key licence rules

Regola	Where it is
No one may act as a guard, or run a guard business, without a licence	Act, s. 3
You must be 18 or older to act as a guard	Act, s. 6
A business must not employ an unlicensed person as a guard	Act, s. 22
An applicant must be of good character and may need a security check	Regulations, s. 2
Your individual licence is issued as an identification card	Regulations, s. 9(5)
A licence expires on the anniversary of the date it was issued, unless suspended or revoked sooner	Act, s. 8

The guard licence application asks about any criminal convictions and asks you to consent to a police records check (CPIC). Your employer also signs the form to confirm that you work for the company.

When your job ends

Your licence is tied to your job. Under section 13, it is revoked when that employment ends. You must give your licence and ID card to your employer right away, and the employer sends them to the Minister. The business must also tell the Minister in writing within seven days about a guard's termination, and about changes such as a new business address (s. 12(2)).

Some people are exempt from the Act. Examples are members of a Canadian police force, the Canadian Corps of Commissionaires acting within its objects, and "in-house" guards: guards permanently employed by one employer whose business is not supplying guards, and whose work is only about that employer's own affairs (s. 2).

Lesson 2: Uniform, ID card and equipment

PEI law is strict about how guards look, so that nobody mistakes a guard for a police officer.

While acting as a guard, you must wear a uniform that shows you are a security guard (Act, s. 17(3)).
The uniform must be approved by the Minister (Regulations, s. 14(1)).
On duty, you must show a fabric patch with the words "Security Guard" over the left breast pocket of your outermost garment. The letters must be at least three-eighths of an inch high, on a contrasting background (s. 14(2)).
You must not wear any insignia or badge that uses the word "Police" (s. 14(3)).
You must not wear a Sam Browne belt and shoulder strap, or a similar belt and strap like the ones police officers wear (s. 14(4)).

Your ID card

On duty, you must carry the identification card issued under the Act and show it to any person who asks (s. 17(2)). The only evidence of authority you may carry or display is your uniform and that ID card (s. 17(1)). Badges, police-style crests or homemade ID are not allowed.

Status and weapons

The Regulations say plainly that a licensed guard is not a peace officer (s. 18). Guards must not carry a restricted weapon as described in the Criminal Code. The only exception is when the local registrar of firearms authorizes it for a specific duty, supported by a senior police recommendation that the guard is fully trained and knows the law on the use of force (s. 20). A security business must not use the word "police" in its name or advertising (s. 21).

Lesson 3: The Trespass to Property Act

Prince Edward Island's trespass law is the Trespass to Property Act. It protects the occupier: a person in physical possession of premises, or a person responsible for the premises, the activities there or who may enter (s. 1). A guard usually acts for the occupier as a person authorized by the occupier.

Giving notice

Notice that entry or an activity is not allowed may be given orally or in writing (s. 2(2)).
A sign must be posted so it is clearly visible in daylight from the approach to each usual point of access (s. 2(3)).
Notice can cover only part of the premises, such as a loading dock (s. 2(4)).

Directing someone to leave

It is an offence to stay on premises without legal justification after being directed to leave by the occupier or a person authorized by the occupier (s. 3). The fine is $200 to $2,000. A person has a defence if they reasonably believed they had permission or legal justification (s. 4).

Other points in the Act: no one under 12 can be prosecuted under it (s. 11). After a conviction for premises that are generally open to the public, a court may ban the person from those premises for up to six months (s. 9).

Lesson 4: Arrest powers

This is where PEI differs from some provinces. Under section 5 of the Trespass to Property Act, only a police officer may arrest a person for an offence under the Act. Even then, the officer must believe the arrest is needed to stop the offence continuing or to identify the person. The Act gives guards and occupiers no power of arrest for trespass.

In a shopping centre with four or more stores, police may not arrest a person for trespass unless the person keeps at it after being told to leave and warned by the occupier or police that they may be arrested if they stay or come back (s. 5(2)).

Criminal Code arrest

A guard's arrest powers come from section 494 of the Criminal Code, which applies to anyone:

Anyone may arrest a person they find committing an indictable offence (s. 494(1)(a)).
The owner or person in lawful possession of property, or a person they authorize, may arrest someone found committing a criminal offence on or in relation to that property (s. 494(2)). The arrest must be made at that time, or within a reasonable time after if it is not feasible for a peace officer to make it.
Anyone who arrests without a warrant must deliver the person to a peace officer forthwith (s. 494(3)).

Lesson 5: Force and good practice

The Criminal Code sets the limits on force. Under section 25, a person authorized by law to do something, such as a lawful arrest, is justified in using as much force as is necessary, if they act on reasonable grounds. Under section 26, a person is criminally responsible for any excess force.

Section 35 (defence of property) says a person is not guilty of an offence when, acting for someone in peaceable possession of property, they act to prevent a person entering without right or to remove them, and the act is reasonable in the circumstances.

Checklist for a trespass situation

Check your post orders and who the occupier is.
Identify yourself and show your licence card if asked.
Tell the person clearly to leave, and which part of the site is closed.
Give them time and a clear way out.
If they refuse, call police and keep watching from a safe distance.
Write a full report as soon as you can.

Prince Edward Island Security Law & Trespass Course: Lessons 2026