Ontario Security Guard Test Legal Authorities of Security Guards 1 — Questions and Answers
Question 1: Under Canadian law, what is the primary legal authority that allows a security guard to arrest someone?
- The Police Services Act
- Section 494 of the Criminal Code (citizen's arrest) (Correct answer)
- The Private Security and Investigative Services Act
- The Trespass to Property Act
Correct answer: Section 494 of the Criminal Code (citizen's arrest)
Section 494 of the Criminal Code provides the citizen's arrest power, which is the primary arrest authority available to security guards. They do not have police arrest powers.
Question 2: Under section 494 of the Criminal Code, when can a security guard make an arrest?
- Whenever they suspect someone might commit a crime
- When they find someone committing a criminal offence (Correct answer)
- When a crime was committed yesterday by a known person
- Whenever they are instructed by their employer
Correct answer: When they find someone committing a criminal offence
Section 494(1) allows any person, including security guards, to arrest someone they find committing a criminal offence. The guard must actually witness the offence being committed.
Question 3: What must a security guard do after making a citizen's arrest under section 494?
- Detain the person for up to 24 hours for questioning
- Deliver the person to a peace officer as soon as possible (Correct answer)
- Transport the person to jail
- Issue the person a fine
Correct answer: Deliver the person to a peace officer as soon as possible
After making a citizen's arrest, the security guard must deliver the arrested person to a peace officer (police) without delay, as required by section 494(3) of the Criminal Code.
Question 4: What is the legal consequence for a security guard who uses excessive force during an arrest?
- No consequence if acting in good faith
- They may face criminal charges for assault (Correct answer)
- They only face disciplinary action from their employer
- They lose their licence but face no criminal charges
Correct answer: They may face criminal charges for assault
A security guard who uses excessive force during an arrest can be charged with assault or other criminal offences. Only reasonable force is justified under section 25 of the Criminal Code.
Question 5: Under the Trespass to Property Act (Ontario), what authority does a security guard have?
- The power to arrest trespassers for criminal offences
- The authority to ask a trespasser to leave and use reasonable force to remove them if they refuse (Correct answer)
- The power to search trespassers' belongings
- No authority under this Act
Correct answer: The authority to ask a trespasser to leave and use reasonable force to remove them if they refuse
As an agent of the property owner, a security guard can direct trespassers to leave under the Trespass to Property Act and may use reasonable force to remove them if they refuse.
Question 6: Can a security guard conduct a search of a person's belongings without consent?
- Yes, at any time while on duty
- No, security guards generally have no right to search without consent (Correct answer)
- Yes, but only in shopping malls
- Yes, if they suspect theft
Correct answer: No, security guards generally have no right to search without consent
Security guards do not have the legal authority to search a person or their belongings without consent. Only police officers with proper authority (warrant or incident to arrest) can conduct searches.
