Lesson 1: Security licensing in Newfoundland and Labrador
Private security in Newfoundland and Labrador is regulated by the Private Investigation and Security Services Act and the Private Investigation and Security Services Regulations. Licences are issued by the Administrator of Private Investigation and Security Services (ss. 3 and 15). The program is run by the provincial Department of Government Services, Consumer and Financial Services Division.
Agencies are licensed; guards must meet hiring rules
A business that supplies security guards must hold an agency licence (s. 6). The government's licensing page states that there is no licensing requirement for an individual security guard. Instead, an agency must not employ a security guard unless the guard has:
- Given the agency a clear letter of conduct, and
- Successfully completed a training program that meets the Administrator's criteria. This online course is general knowledge only and is not that program.
The Act also says a person employed as a security guard by a licensed agency must be at least 19 years old (s. 11). A person with a Criminal Code conviction that the Administrator considers relevant, and no pardon, may not be employed as a security guard in a licensed agency (s. 12).
Other workers, such as private investigators, armoured vehicle guards and burglar alarm agents, hold agent licences. Licences expire 12 months after they are issued (Regulations, s. 10). An agency must tell the Administrator in writing within 5 days when a licensed employee's job ends (s. 21).
Lesson 2: Uniforms, equipment and the limits of your role
Section 31 of the Act says a security guard must wear the uniform required by the regulations while on duty. Section 11 of the regulations sets the rules:
| Regel | What it says |
|---|---|
| Sleeve wording | "Security guard" or "security" on the shoulder sleeves, woven in or on a securely attached patch |
| Letter size | Clear, readable letters at least 9.1 mm high |
| Look of the uniform | Must not look like, or be easily confused with, an RCMP or Royal Newfoundland Constabulary (RNC) uniform |
| Vehicles and equipment | Markings must not look like RNC or RCMP markings or insignia (Regulations, s. 14) |
What a guard may not do
- No firearms. "A security guard may not carry or use a firearm" (Act, s. 35(2)). Only some armoured vehicle guards may carry one, with the Administrator's authorization.
- No police role. Agents may not act as police officers or municipal enforcement officers, or claim to provide police services (s. 34(2)).
- No extra powers. Agents have no powers beyond those of an ordinary member of the public, and this applies to licensed security guards (s. 34(4)).
- No "private detective" title. No one in the province may call themselves a private detective (s. 29).
Breaking the Act or regulations is an offence that can lead to a fine, jail or both (s. 39).
Lesson 3: Trespass under the Petty Trespass Act
Newfoundland and Labrador's trespass law is the Petty Trespass Act. Section 2(1) makes it an offence to trespass, after notice, on land that is the premises of:
- A shop, store, shopping mall or shopping plaza
- A factory, warehouse, storage area for vehicles, appliances or equipment, or a supplier of services
- A school, college, institute, Memorial University, the Marine Institute or a community college
- Any other industrial, commercial, business or educational premises
- Parking areas and other premises used with any of these
Giving notice
Notice not to trespass may be given by word of mouth, in writing, or by posters or signboards (s. 2(1)). Signs count as notice when they are visibly displayed at the normal access points and at fence corners, or at each corner of the land if there is no fence (s. 2(2)).
- The offence applies whether or not damage results (s. 2(3)).
- When a motor vehicle is used to trespass, the driver is guilty (s. 3).
- The Act does not apply to someone who acted on a fair and reasonable belief that they had a right to be there (s. 6).
Lesson 4: Apprehension and arrest
There are two sources of arrest power that matter to a guard in Newfoundland and Labrador:
| Lag | Who may act | When |
|---|---|---|
| Petty Trespass Act, s. 4 | A peace officer, the owner or occupier or their employee, or a person authorized by the owner or occupier | A person found committing a trespass the Act applies to |
| Criminal Code, s. 494(1) | Anyone | A person found committing an indictable offence, or a person you believe on reasonable grounds has committed a criminal offence and is escaping from, and freshly pursued by, people with lawful authority to arrest them |
| Criminal Code, s. 494(2) | The owner or lawful possessor of property, or a person they authorize | 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 feasibly make the arrest |
Section 4 of the Petty Trespass Act says a person apprehended for trespass is to be taken immediately before the nearest Provincial Court judge. Under s. 494(3) of the Criminal Code, anyone other than a peace officer who arrests a person must deliver them to a peace officer forthwith (right away). In practice, guards follow their employer's policy and call the RNC or RCMP, depending on the area.
When you arrest someone, you must tell them the reason for the arrest where it is feasible (Criminal Code, s. 29(2)).
Lesson 5: Use of force and handing over to police
The Criminal Code sets the limits on force for everyone, guards included:
- Section 25(1): a private person authorized by law to do something is justified, if acting on reasonable grounds, in using as much force as is necessary for that purpose. Section 494(4) confirms that a person making a lawful arrest under s. 494 is authorized by law for this purpose.
- Section 26: anyone authorized to use force is criminally responsible for any excess.
- Section 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.
Questions to ask before and after any use of force.
- What threat did you actually face?
- Was force needed at that moment?
- Was the force in proportion to the threat?
- What other options did you have, such as stepping back or calling police?
- What care did you give afterwards?
Handing over to police
- Call 911 or the police non-emergency line as your policy says.
- Keep the person safe and watch for medical distress.
- Tell officers what you saw, what you said and what you did.
- Write a full report and keep your notes.
Källor
- Private Investigation and Security Services Act (RSNL 1990, c. P-24)
- Private Investigation and Security Services Regulations (CNLR 788/96)
- Government of Newfoundland and Labrador: Private investigation and security services licensing
- Petty Trespass Act (RSNL 1990, c. P-11)
- Criminal Code (R.S.C. 1985, c. C-46): ss. 25 to 29 and 494