New Brunswick Security Law and Trespass Course: Lessons 2026

Lesson 1: Security licensing in New Brunswick

In New Brunswick, private security is licensed under the Private Investigators and Security Services Act and its General Regulation 84-103. The Act is administered by the Minister responsible for public safety. Licences are handled by the province's Gaming Control and Licensing Services branch.

The Act defines a security guard as a person who guards or patrols, or provides other security services, to protect persons or property.

Licence types

Agency licence: for the business. It needs a New Brunswick office and a manager with at least five years of experience.
Agent licence: for individuals, such as security guards. You must be employed by a licensed agency. You may work for more than one agency, but you need an agent licence with each one.
Guard dog licence (the agency registers the dog and the handler). Guards from a licensed agency must also be licensed to work a special event, such as a concert or festival.

You may not start work when your application is mailed. Wait until your licence is issued. Working without a licence breaks section 6(1)(b) of the Act.

Who is exempt

Section 2 lists exemptions. Two matter most for guards: an in-house guard employed by a business that does not run a guard agency, whose work is only for that employer's affairs and property (s. 2(h)), and the Corps of Commissionaires and its members while acting within its objects (s. 2(c)).

Lesson 2: Uniforms, equipment and vehicles

While acting as a guard, you must carry your licence and produce it at the request of any person (s. 22(1)). You may not carry or display any other evidence of authority except your licence, an authorized baton or handcuffs, your uniform or your vehicle (s. 22(2)).

Item	Rule in Regulation 84-103
Uniform	Must be worn while acting as a security guard (s. 8(1))
Look of the uniform	Must not be similar in colour, pattern or design to municipal police or RCMP uniforms, badges or insignia (s. 8(2)(a))
Forbidden words	"Police" or "Sheriff" (s. 8(2)(b))
Required words	"Security Guard" or "Security" in clearly visible letters on both shoulders of the outermost garment (s. 8(2)(c))
Vehicle markings	"Security" at least 7.5 cm high, in a contrasting colour, on both sides, the front and the back, plus the agency name (s. 8.1(c))
Vehicle limits	No "Police" or "Sheriff", no police look, and no siren (s. 8.1(c))

Batons and handcuffs

A guard may carry a baton or handcuffs only with a written authorization from the Minister, shown on the licence. It needs a certificate from an approved training program (ss. 6(1)(c) and 7.2). The Act allows this only for batons and handcuffs: the province's FAQ says guards may not carry a gun or pepper spray. Agencies also need the Minister's written approval for uniforms, batons, handcuffs and vehicles (s. 20.1).

Lesson 3: Conduct and reporting duties

Never hold yourself out as a police officer in any manner (s. 25).
A licence does not allow you to collect debts or seize or repossess property (s. 24).
If you are charged under the Criminal Code or the Act, notify the Minister immediately in writing (s. 14(2)).
Notify the Minister in writing of a change of address within seven days (s. 14(1)).
When your job with an agency ends, the licence must be forwarded to the Minister immediately (s. 18(4)). The agency must also report the end of your job within seven days (s. 13(1)(c)).

Agencies must keep a record of every time an agent used force (Regulation 84-103, s. 9(1)). Write a full report after any use of force so your agency can meet this duty.

Clear notes protect you if your actions are questioned later.

The date.
The time of each entry.
The location.
What happened, who was involved and what you did.
Your signature.

Lesson 4: New Brunswick's Trespass Act

The Trespass Act is New Brunswick's provincial trespass law. It defines trespass as entering or remaining on premises owned, occupied or controlled by another without lawful authority. An authorized person is the occupier or owner, and their agent, such as a guard acting for the property.

Giving notice

For most places, such as stores, malls, schools and other premises, a person commits an offence by trespassing after they have notice from an authorized person (s. 3(1)). Under section 3(2), notice may be given:

orally (by telling the person), or in writing; or
by signs clearly visible in daylight from the approach to each ordinary point of access, saying "no trespassing" or words of similar effect.

Notice can cover all or part of the premises (s. 3(6)). No notice is needed for a lawn or garden, or premises enclosed by a fence or natural boundary in a way that shows people are meant to stay off (s. 4.1). The ban for stores, malls and schools does not apply to a peaceful public demonstration or lawful strike or lockout activity (s. 4).

Identification and arrest

The occupier or owner may ask a person they believe on reasonable grounds committed an offence under the Act to identify themselves (s. 10(1)).
If the person refuses, or the identification seems false, the occupier or owner may arrest them without a warrant to establish their identity (s. 10(2)).
The person must be delivered to a peace officer as soon as practicable (s. 10(3)).
If their identity is established first, they must be released (s. 10(4)).

Lesson 5: Criminal Code arrest and force

New Brunswick's licensing office says a security officer has the same powers of arrest as a private citizen and no others. These come from section 494 of the Criminal Code, which applies across Canada.

Criminal Code	What it allows or requires
s. 494(1)	Anyone may arrest a person found committing an indictable offence, or a person believed on reasonable grounds to have committed a criminal offence who is escaping and freshly pursued by people with authority to arrest
s. 494(2)	The owner or lawful possessor of property, or a person they authorize, may arrest a person found committing a criminal offence on or in relation to that property, at the time or within a reasonable time after if police cannot make the arrest
s. 494(3)	Anyone other than a peace officer who arrests without a warrant must deliver the person to a peace officer forthwith (right away)
s. 25(1)	A person acting on reasonable grounds may use as much force as is necessary for what the law requires or allows

Force is a last resort. Excessive force is not protected and can lead to criminal charges and lawsuits. Use words, distance and calling police first.

Any force must be reasonable for the situation and must stop when the need ends.

The threat faced
Whether force was needed at that moment
Proportionality: force in balance with the threat
Other options that could have been used
The aftermath and the duty of care