Can Security Guards Arrest in Canada? (Ontario Guide)
Can Security Guards Arrest in Canada? (Ontario Legal Guide)
Yes — security guards in Canada can make arrests. However, their authority is limited and comes from the same laws that apply to private citizens. They do not have police powers.
In Ontario, security guards rely primarily on:
Section 494 of the Criminal Code of Canada (Citizen’s Arrest)
The Trespass to Property Act (Ontario)
Understanding these laws is critical for both businesses and members of the public.
What Legal Authority Do Security Guards Have in Canada?
Security guards are private citizens under the law. They do not receive special arrest powers simply because they are licensed.
1️⃣ Citizen’s Arrest – Criminal Code of Canada (Section 494)
Under Section 494 of the Criminal Code, a person (including a security guard) may arrest someone if:
They find the person committing an indictable offence, OR
They are authorized by the property owner and find someone committing a criminal offence on or in relation to that property, OR
They make the arrest within a reasonable time after the offence if police cannot attend immediately.
The key phrase here is “reasonable grounds.”
An arrest cannot be based on suspicion alone.
After the arrest, the person must be delivered to police as soon as possible.
2️⃣ Trespass to Property Act (Ontario)
In Ontario, security guards frequently rely on the Trespass to Property Act.
If a person:
Enters property where entry is prohibited
Engages in prohibited activity
Refuses to leave after being directed
They may be arrested by the property owner or someone authorized by the owner (such as a security guard).
Again, only reasonable force may be used.
What Security Guards Cannot Do
Security guards do not have the same authority as police officers.
They cannot:
Conduct criminal investigations
Arrest someone without witnessing the offence (except limited reasonable-time situations)
Use excessive force
Detain someone indefinitely
Search someone without consent (except in very limited circumstances tied to arrest)
This is where many misconceptions arise.
Can a Security Guard Handcuff You in Canada?
Yes — but only if it is necessary for safety during a lawful arrest.
Handcuffs may be used if:
The person is violent
The person attempts to flee
There is a legitimate safety concern
Handcuffing someone without lawful grounds could expose the guard and the company to civil liability.
What Happens After a Security Guard Makes an Arrest?
Security guards must:
Call police immediately
Maintain custody safely
Use only necessary force
Document everything
Improper arrests can lead to:
False imprisonment claims
Assault charges
Civil lawsuits
Loss of security license
This is why professional training and policy compliance are critical.
When Should a Security Guard NOT Make an Arrest?
Arrest should be a last resort.
Situations where arrest may not be appropriate include:
Minor incidents where the person is leaving voluntarily
Situations where safety risks outweigh the benefit
Incidents not directly witnessed
Situations better handled by observation and reporting
Experienced security professionals understand that not every situation requires detention.
Do Security Guards Have Police Powers?
No.
Security guards are licensed under Ontario’s Private Security and Investigative Services Act (PSISA), but licensing does not grant police authority.
Their arrest powers are the same as any private citizen — applied within the scope of their employment.
Why This Matters for Businesses
Improper use of arrest authority can expose property owners and security companies to liability.
Professional security providers:
Train guards on legal thresholds
Maintain detailed reporting standards
Use clear post orders and policies
Carry proper insurance coverage
Follow provincial compliance standards
Businesses should ensure their security provider understands the legal limits of citizen’s arrest.
Final Answer
Yes, security guards in Canada can arrest someone — but only under limited legal authority granted by the Criminal Code and provincial trespass legislation.
Arrest powers are narrow. They must be exercised carefully and lawfully.