Nunavut Security Law and Trespass Course: Lessons 2026

Lesson 1: Where a guard's powers come from in Nunavut

Nunavut became a territory in 1999. Under section 29 of the federal Nunavut Act, the laws of the Northwest Territories were copied into Nunavut law, as far as they could apply there. Many Nunavut acts still carry their old NWT citation, such as "R.S.N.W.T. 1988".

Licensing

Most provinces license security guards. The federal Job Bank lists a security licensing body for provinces such as Alberta, Manitoba and Saskatchewan, and for Yukon. It lists no licensing body for Nunavut. Your employer's training, your post orders and the general law set what you may do. Ask your employer if your contract has its own rules.

You are not a police officer

A guard has the same legal powers as any other person, plus the authority the property owner gives you. Under section 130 of the Criminal Code, it is an offence to pretend to be a police officer, or to use a badge, uniform or equipment in a way likely to make people think you are one.

Lesson 2: Trespass on private property

Provinces such as Ontario and Alberta have trespass acts that give occupiers and their agents set powers. Those acts do not apply in Nunavut. Nunavut did not inherit a general trespass act from the Northwest Territories in 1999: in 2026, the NWT Legislative Assembly was still studying Bill 34, a Trespass to Property Act, to fill gaps in its trespass law. Always check with your employer whether a newer Nunavut law applies to your site.

So in Nunavut, a guard works mainly with the Criminal Code.

Defence of property (Criminal Code s. 35)

A person in peaceable possession of property, or someone acting for them, may act to stop a person from entering without a right to, or to remove them. The act must be reasonable in the circumstances. It does not apply against someone doing what the law requires or allows, such as a police officer on duty.

Prowling at night (Criminal Code s. 177)

It is an offence to loiter or prowl at night, without lawful excuse, on another person's property near a dwelling-house.

Asking someone to leave

1. Say who you are and that you act for the owner.
2. Ask the person to leave, and explain why.
3. Give them time and a clear way out.
4. If they refuse, call the RCMP. Do not use force unless it is truly needed and reasonable.
5. Write notes: time, what was said, a description and witnesses.

Lesson 3: Commissioner's land (public land)

Some land in Nunavut is Commissioner's land. The Commissioner's Land Act covers, among others, all roads, streets, lanes and trails on public lands, and lands bought by Nunavut with territorial funds or through tax sales. It does not cover mines or minerals.

The Act has its own process when someone is using or occupying Commissioner's land without a right to:

Papers can be served by giving a copy to an adult on the land and posting another copy there. If no adult is found, two copies are posted in two places that are easy to see.

Lesson 4: Arrest powers

Your arrest powers come from section 494 of the Criminal Code, which applies across Canada, including Nunavut.

• s. 494(1): anyone may arrest without a warrant a person they find committing an indictable offence, or a person they believe on reasonable grounds has committed a criminal offence and is being freshly chased by people with lawful authority to arrest them.
• 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 about that property. This can be at the time, or within a reasonable time after if they believe it is not feasible for a peace officer to make the arrest.
• s. 494(3): anyone who arrests without being a peace officer must deliver the person to a peace officer forthwith (right away).
• s. 494(4): a person allowed to arrest under section 494 is "authorized by law" for the purposes of section 25.

An arrest is a serious step. A wrong arrest can lead to criminal charges or a lawsuit. Many employers tell guards to observe, record and report unless there is a clear need to act.

Lesson 5: Force and keeping the peace

Section 25(1) protects a person who is required or authorized by law to do something, if they act on reasonable grounds. They may use as much force as is necessary for that purpose, and no more.

Section 30 says anyone who sees a breach of the peace may step in to stop it from continuing or starting again. They may detain a person who is breaking the peace, or about to join or renew it, to hand them over to a peace officer. The force used must be no more than reasonably necessary and in proportion to the danger.

Talking is almost always the safest tool. Use calm words, give space and call for help early.

Lesson 6: Nunavut workplace rules that shape guard work

Nunavut's Occupational Health and Safety Regulations name security services (section 35(2)(g)) as work where violence may reasonably be expected. So a security employer must have a written violence policy. It must include:

• Which sites and jobs are at risk
• How the employer will tell workers about the risk, including about people with a history of violent behaviour they are likely to meet
• How workers report violence, and how the employer investigates
• Training on spotting, responding to and reporting violence
• A recommendation to see a doctor for treatment or counselling after violence

Time spent in that training or counselling counts as work time, with no loss of pay. The policy must be reviewed at least every three years.

Late-night retail

Section 36 covers stores open to the public between 11:00 p.m. and 6:00 a.m. The employer needs safe cash handling, cameras, good visibility and signs about limited cash and cameras. Overnight, workers need a check-in system and a personal emergency transmitter.

Locking up

Under the Fire Safety Act, main doors of halls, schools and similar places with more than 50 seats may only be secured with panic hardware while the public is inside (s. 18(1)). Interfering with fire alarms or sprinklers without lawful excuse is an offence (s. 20.2).