What security guards can and cant do canada

What Are Security Guards Allowed to Do?

As a security guard you are hired by businesses often for two reasons; to prevent threats such as theft and vandalism, and to resolve the problem if it arises. But as a security guard what are you legally allowed to do? As security guards are hired to prevent crime, it is often thought they have similar powers as those in the police force. Yet, this is not the case; security guards have the exact same rights and legal authority as members of the general public do. This raises additional questions on what exactly a security guard is permitted to do when dealing with a potential threat.

Can You be Detained by a Security Guard? 

Like any other civilian, security guards are permitted to perform a citizen’s arrest as long as they have reasonable grounds for suspicion of the person they are planning to arrest.  But, there are specific conditions that the circumstances must meet in order for the arrest to be legal. These come under the Section 24A of the Police and Criminal Evidence Act. See below the rules surrounding a citizen’s arrest:

  • They witness or have reasonable grounds to believe that a person has committed a crime
  • They witness or have reasonable grounds to believe that a person is in the act of committing a crime
  • To protect a person from causing injury to themselves or others
  • Prevent a person from damaging property or causing a loss to the business/organisation
  • To stop a person from leaving the scene before an officer arrives to take over responsibility .

Are Security Guard Allowed to Physically Restrain You? 

Like anybody else, security guards are only allowed to use reasonable force, so in that case, this means that any levels of force must only be used when it’s completely necessary and when in the process of detaining someone.

Can a Security Guard Search You? 

Security guards are not allowed to search you or your possessions unless they have your consent. Although, this does not apply if you are not present or unconscious. This includes the ability to search your bag or your car. This also applies to security guards who believe they’ve caught a shoplifter, as they too are not allowable to conduct a forced search if the person does not consent; in this situation they would have to detain the suspected shoplifter until a police officer arrives and can legally conduct a forced search.

Searches can be made without a persons consent in certain situations:

When a bag or any other type of possession has been left unattended in a suspicious circumstance, they then have the right to search it as it could become a threat to the safety of the public

If a person isn’t conscious and they are trying to identify them in order to help them, the security guard is permitted to search their bag for this.

Are Security Guards allowed to refuse entry if you don’t comply? 

If a security guard asks you to allow a search of your bag and you refuse, then they are well within their rights to deny you entry to the premises, whether it be a bar, club or otherwise. This is often a standard rule set by these types of businesses that run throughout the night.

Are Security Guards Permitted to Carry a Weapon? 

No. Security Guards have the same rights and authority as the general public. Therefore, this means they’re not allowed to carry any form of weapon. That includes:

Batons

Guns

Tasers

Pepper Spray

Knuckle Dusters

Security guards are permitted to carry handcuffs and then use them to perform a citizen’s arrest when required. It is suggested that they have the correct training before using them while on the job. Therefore, they can use them in a safe manner so they don’t injure themselves or anybody else.

Security guards in the UK have the same authority and rights as any other UK citizen. They do not get any extra power or privileges like the police force. Their presence alone often acts as a preventive for potential criminals, but if a situation arises, prepared to deal with the issue quickly and calmly.

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Overview

Security guards are responsible for guarding or patrolling to protect people or property. Private investigators are responsible for conducting investigations to provide information. Both are expected to carry out their work professionally, effectively, safely and lawfully.

They must follow requirements in the Private Security and Investigative Services Act and its regulations, including the Code of Conduct while on duty.

Licence and misrepresentation

All security guards and private investigators must follow all requirements including:

  • identify themselves as such
  • carry their applicable licence when they are on duty
  • show their licence to anyone who asks to see it, including employers, police and members of the public

For security guards, this applies even when they are on plainclothes assignments, or working as bodyguards or loss prevention security guards. Failure to present a valid licence when requested can result in a fine.

Security guards and private investigators can be fined if they misrepresent or call themselves:

  • a detective or private detective
  • law enforcement
  • police
  • officer

Exemptions to carry a licence

There are exemptions from the requirement to carry a licence. Out-of-province bodyguards providing services to those in the film and television industry do not need an Ontario licence if the bodyguard holds a valid licence from another jurisdiction.

In addition, the following individuals do not need a licence from the Ministry of the Solicitor General:

  • practicing barristers or solicitors
  • people who receive payment for work that consists mainly of searching for and providing information about:
    • the financial credit rating of individuals
    • the qualifications and suitability of people applying for insurance and indemnity bonds
    • the qualifications and suitability of people as employees or prospective employees
  • people who are acting as peace officers
  • insurance adjusters, insurance companies and their employees licensed under the Insurance Act while acting within the regular scope of their employment
  • people living outside Ontario who are licensed employees of a private investigation agency licensed or registered in a jurisdiction outside Ontario, but elsewhere in Canada who:
    • on behalf of a person living outside Ontario, make an investigation or inquiry partly outside Ontario and partly within Ontario
    • come into Ontario solely for the purpose of that investigation or inquiry
  • people who are paid for work that consists mainly of providing advice about security requirements but who are not selling the services of private investigators or security guards
  • people who are paid for work that consists mainly of providing an armoured vehicle service
  • locksmiths
  • any class of people exempted by the regulations

There is a general exemption for those conducting an investigation authorized by another federal or provincial act.

Carrying firearms and equipment

Security guards and private investigators may use equipment as a part of their duties if it is issued by their employer. They may carry:

  • a firearm if they have a valid firearms licence
  • a baton, if it is only used for defensive purposes
  • handcuffs

While on duty, armed security guards and private investigators must always carry their firearms licence and present it upon request, as required by the Firearms Act.

Using animals

The Use of Animals regulation permits the use of dogs for patrolling purposes but only under certain conditions. Dogs can also be used for tracking (for example, missing persons) and detection purposes (for example, drugs and explosives).

Dog handlers must keep their dog on a leash at all times.

Security guards cannot use dogs for crowd control.

Penalties

Any violations to the requirements can result in penalties, including:

  • fines to the security guard, their employer, or both
  • jail time

Reporting a crime

If a crime, such as theft, occurs at a business while a security guard is on duty, the security guard or the business should contact their local police service to report it.

Uniform appearance for security guards

Security guards are required to wear uniforms that include key elements on the outermost garment.

On the front of the uniform

On the chest of the uniform, there must be:

  • an identification tag with the individual’s full name or licence number visible
  • the name, logo or crest of the organization that employs the security guard visible
  • the words “security” or “security guard” in a colour that stands out

On the back of the uniform

On the back of the uniform (including on any pieces of outerwear like rain or winter jackets and on protective wear like Kevlar vests), there must be the words “security or “security guard” in a colour that stands out.

The words “security” or “security guard” do not have to appear if the outermost garment is a:

  • collared shirt
  • sweater
  • blazer

Elements that cannot be included on uniforms

Uniforms for security guards cannot include:

  • rank chevrons
  • black or navy blue collared shirts
  • striped pants or trousers
  • police-style forage caps

Exceptions

Exceptions to wearing uniforms only apply for security guards who are hired for

  • loss prevention
  • theft protection
  • plain clothes assignments

However, they are still required to present their security guard licence upon request.

Updated: October 05, 2021

Published: September 16, 2021

What can security guards legally do in Canada?

In addition to making an arrest for trespassing under the Trespass to Property Act, security guards can also make a “citizen's arrest” under certain circumstances such as: If they see you committing an indictable offence (includes all but the most. minor criminal offences);

What is a security guard not allowed to do?

Typically, a security guard is not licenced to search a person without their express permission. Even if they suspect the person possesses stolen property, searching another citizen's person or property is not allowed.

Do security guards have the right to detain you Canada?

Property owners, and people authorized by property owners (including security guards), can arrest individuals who they find committing a criminal offence on or in relation to their property, or for trespassing on their private property.

Can security guards carry handcuffs in Canada?

Handcuffing Skills: It all depends on the competency level of the user. (By the way, ANYONE in Canada can buy and use handcuffs. Guards are regulated by legislation for use as P.P.E. tools on the job, which is why guards are not permitted to own their own handcuffs and they must be issued by the employer.)

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