Nova Scotia Security Law and Trespass Course: Lessons 2026

Lesson 1: Licensing in Nova Scotia

Security guards in Nova Scotia are licensed under the Private Investigators and Private Guards Act and its regulations. The Security Programs Office of the Department of Justice licenses and regulates the industry.

Rule	Where it comes from
No one may act as a private guard without a licence	Act, section 4
You must be 19 or older	Act, section 7
Licences expire on March 31 every year and are renewed yearly	Act, section 9
A business may not employ an unlicensed guard	Act, section 24
Individuals cannot work as sole proprietors; a licensed company employs you and sends your application	Provincial licence information

Every applicant has a police records and background check. Applicants must be Canadian citizens or legally entitled to work in Canada. Some people are not covered by the Act, such as members of a police force, and some in-house staff who work only for their own employer's affairs (section 3).

Lesson 2: ID, uniforms, vehicles and equipment

Under section 18 of the Act, a guard on duty must carry the identification card and produce it on request. Guards must wear a uniform while working as a guard. The Minister may exempt guards doing retail security from wearing one.

Uniform rules (regulations, section 14)

The uniform must be approved and show "private guard", "security" or "security guard" on the chest in contrasting block letters, "security" across the back, and the business name.
It must not show the words "police", "sheriff" or "officer".
No metal badge or shield may be displayed, other than the prescribed identification card.

Section 20 of the Act says a licensee may not hold themselves out as a police officer in any way, or act as one. Patrol vehicles must show "SECURITY" on the side panels in large block letters and the business name, and must not look like police or sheriff vehicles (regulations, section 15).

Equipment

Batons and restraining devices need an endorsement on your licence, based on written proof of training acceptable to the Minister and written authorization from your employer (regulations, section 7).
Only armed guards with an armed endorsement may carry firearms, and only in the limited jobs the regulations allow, such as armoured vehicles.
Guard dogs need a dog handler endorsement, must be under control, wear a day-glo red collar when working, and may not be used on public streets, in parks or at public gatherings.

Complaints about guards go to the Security Programs Office in writing. The Minister can suspend or revoke a licence for breaking the Act, the regulations or a licence condition.

Lesson 3: Trespass under the Protection of Property Act

Nova Scotia's trespass law is the Protection of Property Act. Under section 3, it is an offence to enter certain premises without legal justification or the occupier's permission. These include lawns, gardens, enclosed land and premises where entry is prohibited by notice.

Giving notice

Notice may be given orally or in writing (section 3(2)).
A sign must be clearly visible in daylight under normal conditions from each usual point of access (section 3(3)).
Notice may cover the whole property or only part of it, such as a loading dock (section 3(4)).

Under section 4, it is an offence to stay on premises after being told to leave by the occupier or a person authorized by the occupier. A guard posted by the owner or manager is usually that authorized person. These offences carry a fine of up to $500.

There are defences. Under section 5, a person is not guilty if they reasonably believed they had permission or a legal right to be there, or, for a written notice, if they could not see or understand it.

Lesson 4: Who may arrest

This is where Nova Scotia differs from some provinces. Under section 6 of the Protection of Property Act, only a police officer (a member of the RCMP or a municipal police force) may arrest for an offence under that Act. Even police may arrest only when it is needed to stop the offence continuing or happening again, or to find out who the person is.

In a shopping centre with four or more stores, police may not arrest under the Act unless the person persists after being told to leave and warned that they may be arrested.

A guard's arrest powers: Criminal Code section 494

494(1): anyone may arrest a person they find committing an indictable offence, or a person they believe on reasonable grounds has committed a criminal offence and is escaping from people with lawful authority to arrest them and freshly pursued by them.
494(2): the owner, a 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, at that time or within a reasonable time after if police cannot make the arrest.
494(3): anyone other than a peace officer who arrests must deliver the person to a peace officer right away.

Trespass under the Protection of Property Act is a provincial offence, not a criminal offence. So a guard has no power to arrest someone just for trespassing or refusing to leave. Call police, keep a safe distance, watch and take notes.

Lesson 5: Limits on force

The Criminal Code sets the limits on force for everyone, including guards.

Section	What it says, in plain words
25(1)	A private person who is authorized by law to do something, and acts on reasonable grounds, may use as much force as is necessary for that purpose.
26	Anyone authorized by law to use force is criminally responsible for any excess.
27	Anyone may use as much force as is reasonably necessary to prevent an offence for which the person could be arrested without warrant and that would likely cause immediate and serious injury to a person or property.

Force must be reasonable and necessary. Many factors are weighed when deciding what is reasonable.

Threat: what you faced, any weapon, and the size and abilities of the people involved.
Necessity: whether force was really needed at that moment.
Proportionality: whether the force matched the threat.
Other options: whether you could have stepped back, kept talking or called police.
Aftermath: stop as soon as the need ends, give first aid and report.

Most situations can be handled by talking, giving space and calling police. The Protection of Property Act gives guards no power to arrest or remove people by force. If you push someone out and the force was not lawful, you could face criminal charges or a lawsuit.