Lesson 1: The PSISA and your licence
Ontario regulates security guards, private investigators and agencies under the Private Security and Investigative Services Act, 2005 (PSISA). The Ministry of the Solicitor General runs the program through its Private Security and Investigative Services Branch, and ServiceOntario processes licence applications.
| Licence | Main work |
|---|---|
| Security guard | Work for pay that mainly involves guarding or patrolling to protect people or property |
| Private investigator | Work for pay that mainly involves investigations to gather information |
| Dual | Both roles, but not at the same time |
Key licence rules
- You must be at least 18, entitled to work in Canada and have a clean criminal record, then finish basic training and pass the ministry test.
- Since September 30, 2023, licences are digital only. Carry a digital or printed copy whenever you work.
- Identify yourself as a guard and show your licence to anyone who asks, including your employer, police and members of the public. Failing to show it can lead to a fine.
- A licence expires two birthdays after it is issued. You may renew up to 90 days before it expires.
- Tell the ministry about changes to your name, address or contact details. If you are convicted of an offence listed in the clean criminal record regulation, you must tell the ministry within 5 days.
Businesses that sell guard services need an agency licence and may hire only licensed guards. Businesses that employ their own in-house guards must register with the ministry.
Lesson 2: Uniforms, titles and equipment
Ontario has separate regulations under the PSISA for uniforms, equipment, vehicles and the use of animals. The ministry's requirements page sums them up.
Uniform
- On the chest: an ID tag with your full name or licence number, the employer's name, logo or crest, and the word SECURITY or SECURITY GUARD in a contrasting colour.
- On the back: the same word, also on outer layers such as winter jackets. The back word is not needed on a collared shirt, sweater, blazer, sports jacket or suit jacket.
- Not allowed: rank chevrons, black or navy blue collared shirts, striped pants and police-style forage caps.
- Bodyguards and guards in loss prevention or plain-clothes work do not wear the uniform, but must still show their licence on request.
Titles and symbols
You may not present yourself as police or offer police-type services. Do not describe yourself with the words detective, private detective, law enforcement, special constable, police or officer. So "security officer" is not an allowed title. The study guide also says you may not carry any symbol of authority other than your licence and uniform, such as a metal badge.
Equipment and dogs
- Use only equipment your employer issues.
- A baton may be used for defensive purposes only. Handcuffs are allowed.
- A firearm is allowed only with a valid firearms licence and an Authorization to Carry.
- A guard dog must be leashed, wear a fluorescent collar and an ID tag naming the employer, and be properly trained. Dogs may not be used for crowd control or to chase or hold a person.
Agencies must train guards in use-of-force options and complete a Use of Force Report whenever force is used on duty. These reports are kept for at least two years. Agencies must also tell ServiceOntario when their uniform or marked vehicle design changes.
Lesson 3: The Code of Conduct and complaints
On duty, guards must follow the Code of Conduct, O. Reg. 363/07. The ministry's study guide sums it up:
You must
- Act with honesty and integrity.
- Follow federal, provincial and municipal laws.
- Treat all people equally, without discrimination.
- Use only the force that is needed.
- Be respectful and professional with the public.
You must not
- Use profanity or abusive language.
- Use excessive force.
- Be under the influence of alcohol or drugs while on duty.
Public complaints
Anyone who believes a guard, investigator or agency broke the PSISA or its regulations can complain to the ministry, free of charge. Complaints should be made within 90 days of the incident. Results can include facilitation, a warning, education, charges, licence conditions, or a proposal to suspend or revoke a licence.
Offences under the PSISA can bring a fine of up to $25,000, up to one year in jail, or both.
Lesson 4: The Trespass to Property Act
Ontario's Trespass to Property Act lets the occupier of private premises decide who may be there. The occupier can authorize others, such as security guards, to act for them.
The three offences (subsection 2(1))
- Entering premises when entry is prohibited.
- Doing an activity on the premises that is prohibited.
- Not leaving immediately when directed to by the occupier or a person they authorize.
Giving notice
Notice can be given verbally, in writing, or by signs or markings. Ontario's hunting regulations summary gives a red circle 10 cm across as one example of a marking. Land under cultivation, such as a field or garden, counts as notice even without a sign.
Arrest under the Act
A person on premises in breach of section 2 may be arrested without a warrant. A guard who makes this arrest must call the police as soon as possible and hand the person over to a police officer.
Lesson 5: Arrest and force under the Criminal Code
Guards have no police or peace officer powers. For crimes, you have the same arrest powers as any person under section 494 of the Criminal Code.
| Power | When it applies |
|---|---|
| 494(1)(a) | Anyone may arrest a person they find committing an indictable offence. |
| 494(1)(b) | Anyone may arrest a person they believe on reasonable grounds committed a criminal offence and is escaping from, and freshly pursued by, people with lawful authority to arrest. |
| 494(2) | The owner, a person in lawful possession of property, or someone 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 if a peace officer cannot make the arrest. |
| 494(3) | Anyone who arrests and is not a peace officer must deliver the person to a peace officer forthwith. |
Force
- Section 25(1): a person authorized by law, acting on reasonable grounds, may use as much force as is necessary. Section 494(4) says a lawful arrest under section 494 counts for this purpose.
- Section 25(3): force meant or likely to cause death or grievous bodily harm is allowed only if the person believes on reasonable grounds it is needed to protect themselves or someone under their protection from death or grievous bodily harm.
- Section 26: anyone who uses too much force is criminally responsible for the excess.
- Section 27: anyone may use as much force as is reasonably necessary to prevent certain offences likely to cause immediate and serious injury to a person or property.
Courts look at the whole situation when they judge force; no single factor decides it.
- The threat: what force or threat you faced, any weapon, and how many people were 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 once the threat ends, give first aid if needed and report what happened.
资料来源
- Requirements for security guards and private investigators (Ontario.ca)
- Security guard or private investigator licence: individuals (Ontario.ca)
- Requirements for security guard and private investigator agencies (Ontario.ca)
- Public complaints: security guards and private investigators (Ontario.ca)
- Security guard study guide (Ontario.ca)
- Private Security and Investigative Services Act, 2005 (e-Laws)
- Trespass to Property Act, R.S.O. 1990, c. T.21 (e-Laws)
- Ontario hunting regulations summary: General regulations
- Criminal Code, section 494
- Criminal Code, section 25
- Criminal Code, section 27