Ontario Security Guard Test Legal Authorities of Security Guards 1

Question 1

Under Canadian law, what is the primary legal authority that allows a security guard to arrest someone?

Accepted Answer

Section 494 of the Criminal Code (citizen's arrest)

Answer

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?

Accepted Answer

When they find someone committing a criminal offence

Answer

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?

Accepted Answer

Deliver the person to a peace officer as soon as possible

Answer

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?

Accepted Answer

They may face criminal charges for assault

Answer

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?

Accepted Answer

The authority to ask a trespasser to leave and use reasonable force to remove them if they refuse

Answer

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.

Ontario Security Guard Practice Test

Ontario Security Guard Practice Test

Ontario Security Guard Test Legal Authorities of Security Guards 1