Arrest, Trespass and Search Powers Course 2026
This course is for security guards who need to understand the limits of their legal authority in Canada. It covers citizen's arrest under section 494 of the Criminal Code, what to do after an arrest, provincial trespass laws (with Ontario and Alberta as examples) and when searches are allowed.
Kort antwoord
Deze gratis cursus heeft ongeveer 10 minuten lessen en een toets van 25 vragen. Haal 80% of meer om een bewijs van deelname te downloaden (privé, niet geaccrediteerd). Gecontroleerd aan de hand van officiële bronnen op 11 oktober 2026.
Wat je leert
- Explain where a guard's legal authority comes from
- Apply the three arrest powers in section 494 of the Criminal Code
- Carry out the duties that follow an arrest
- Compare trespass rules in two provinces
- Decide when a search is allowed and how to do it properly
Haal 80% of meer om je certificaat te downloaden.
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Vraag 1 van 25
Toon antwoord
Antwoord: 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.
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Vraag 2 van 25
Toon antwoord
Antwoord: D. an indictable offence
Section 494(1)(a) covers a person found committing an indictable offence.
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Vraag 3 van 25
Toon antwoord
Antwoord: 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.
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Vraag 4 van 25
Toon antwoord
Antwoord: 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.
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Vraag 5 van 25
Toon antwoord
Antwoord: 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.
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Vraag 6 van 25
Toon antwoord
Antwoord: 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.
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Vraag 7 van 25
Toon antwoord
Antwoord: 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.
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Vraag 8 van 25
Toon antwoord
Antwoord: 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.
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Vraag 9 van 25
Toon antwoord
Antwoord: C. Verbally identify themselves as security
Alberta licensees must say they are security before an arrest and show their licence card afterwards if asked.
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Vraag 10 van 25
Toon antwoord
Antwoord: 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).
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Vraag 11 van 25
Toon antwoord
Antwoord: 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.
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Vraag 12 van 25
Toon antwoord
Antwoord: 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.
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Vraag 13 van 25
Toon antwoord
Antwoord: 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.
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Vraag 14 van 25
Toon antwoord
Antwoord: 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.
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Vraag 15 van 25
Toon antwoord
Antwoord: 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.
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Vraag 16 van 25
Toon antwoord
Antwoord: 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.
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Vraag 17 van 25
Toon antwoord
Antwoord: 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.
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Vraag 18 van 25
Toon antwoord
Antwoord: 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.
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Vraag 19 van 25
Toon antwoord
Antwoord: C. $10,000
A first offence can bring a fine of up to $10,000, up to 6 months in jail, or both.
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Vraag 20 van 25
Toon antwoord
Antwoord: 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.
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Vraag 21 van 25
Toon antwoord
Antwoord: 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.
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Vraag 22 van 25
Toon antwoord
Antwoord: 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.
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Vraag 23 van 25
Toon antwoord
Antwoord: 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.
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Vraag 24 van 25
Toon antwoord
Antwoord: 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.
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Vraag 25 van 25
Toon antwoord
Antwoord: 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.
Toetsenbord: 1–4 om te antwoorden, Enter voor de volgende vraag.
Wat je moet weten voor het examen
- Section 494 of the Criminal Code lets anyone arrest without a warrant a person found committing an indictable offence, and lets owners and people they authorize arrest a person found committing a criminal offence on or in relation to their property.
- Anyone other than a peace officer who arrests without a warrant must deliver the person to a peace officer forthwith (s. 494(3)).
- Everyone who makes an arrest must give notice of the reason for the arrest, where it is feasible to do so (s. 29(2)).
- In Ontario, police, the occupier or a person the occupier authorizes may arrest without a warrant a person on premises in breach of the Trespass to Property Act.
- Falsely claiming to be a peace officer, or wearing a badge or uniform likely to make people think you are one, is an offence under section 130 of the Criminal Code.
- The Charter of Rights and Freedoms applies to governments, not to private persons or businesses.
Veelgestelde vragen
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.
Is het certificaat geaccrediteerd of officieel erkend?
Nee. Het is een privé bewijs van deelname, alleen voor je kennis. Het is niet erkend, geaccrediteerd of goedgekeurd door een overheid, vergunningsinstantie, toezichthouder of onderwijsinstelling, en het vervangt geen wettelijk verplichte vergunning, certificering of opleiding.
Bronnen
- Criminal Code, section 494 (arrest without warrant by any person)
- Criminal Code, section 29 (duty of person arresting)
- Criminal Code, section 30 (preventing breach of peace)
- Criminal Code, section 130 (personating peace officer)
- Interpretation Act, section 34 (indictable and summary conviction offences)
- Guide to the Canadian Charter of Rights and Freedoms (Canadian Heritage)
- Trespass to Property Act, R.S.O. 1990, c. T.21 (Ontario)
- Trespass to Premises Act, RSA 2000, c T-7 (Alberta)
- Protecting property owners (Alberta.ca)
- Security Programs Policy Manual (Government of Alberta)
- Rules for licensed security workers (Government of BC)