Ontario Law & Legal Authority
Security Guard Powers in Ontario: What Can They Do?
Security guards in Ontario have real legal authority — but it is not unlimited. This guide explains exactly what a licensed Ontario security guard can and cannot do, based on the law.
Security Guards vs. Police: The Key Difference
The most important thing to understand: security guards are not police officers. They do not have the same authority. Their legal powers come from three main sources:
Criminal Code of Canada
s. 494 – citizen's arrest for criminal offences witnessed in the act
Trespass to Property Act (Ontario)
Authority to demand departure and remove trespassers from private property
Private Security and Investigative Services Act (PSISA)
Provincial licensing and standards for Ontario security guards
Beyond these, security guards derive authority from the property owner or manager— they can enforce the rules of private property on the owner's behalf.
What Security Guards CAN Do
- Ask you to leave private property (Trespass to Property Act, RSO 1990)
- Detain you if they directly witness you committing a criminal offence (citizen's arrest under the Criminal Code, s. 494)
- Use reasonable force to prevent a breach of the peace or to enforce a trespass notice
- Call police and report a crime or suspicious behaviour
- Document incidents, take notes, and preserve evidence
- Deny entry to private property at the client's direction
- Request identification in some circumstances (on private property where they are authorized to do so)
- Enforce posted rules and bylaws on private property
What Security Guards CANNOT Do
- Arrest someone for a crime they did not personally witness (unlike police)
- Conduct a search of your person without consent (unless a store has an established search policy you agreed to)
- Carry handcuffs or a baton without proper authorization and training
- Carry firearms (standard Ontario security guards — armed security is a separate, restricted licence)
- Detain you for an unreasonable length of time — must call police immediately after a citizen's arrest
- Use excessive or unreasonable force
- Impersonate a police officer or claim powers they do not have
- Access private property without authorization from the property owner
Citizen's Arrest: The Most Misunderstood Power
Under Criminal Code s. 494, any Canadian — including security guards — can arrest a person they personally find committing a criminal offence. This is called a citizen's arrest.
Who can make it?
Any person, including security guards. No special authority required beyond witnessing the offence.
What triggers it?
The guard must personally witness or find the person committing a criminal offence (not a provincial offence, not suspicion alone).
What must happen after?
The person must be turned over to police as soon as reasonably practicable. A guard cannot hold someone indefinitely.
What force is permitted?
Reasonable force only. Excessive force is assault — the guard, not the suspect, may face charges.
Property crimes?
s. 494(2) allows a property owner (or agent) to arrest someone found committing a criminal offence on or in relation to that property — within a reasonable time of the offence.
Trespass to Property Act (Ontario)
Ontario's Trespass to Property Act gives property owners and their agents (including security guards) specific rights to control access to private property.
- Demand that any person leave a premises, for any reason or no reason at all
- Issue a trespass notice — banning the person from returning
- Arrest a person found on property after being notified they are not permitted (or where entry is restricted by signs)
- Use reasonable force to remove a person who refuses to leave
Trespass under this Act is a provincial offence, not a Criminal Code offence. The fine for trespassing in Ontario is up to $10,000.
Common Questions
Can a security guard detain me?+
Only if they witness you committing a criminal offence — and only briefly, until police arrive. They cannot detain you on suspicion alone. If you are wrongfully detained, you may have a claim for unlawful confinement.
Can a security guard search my bag?+
Generally no — not without your consent. Some retail stores have posted search policies that customers agree to as a condition of entry. But a security guard cannot physically search you without consent; if they do, it may constitute assault.
Do I have to give a security guard my ID?+
On public property: no. On private property: potentially yes, as a condition of entry — the property owner can set entry rules. But a security guard cannot compel you to produce ID the way police can in certain situations.
Can a security guard use force on me?+
Only 'reasonable force' in specific circumstances — to enforce a trespass, to make a lawful citizen's arrest, or to protect themselves or others from harm. Excessive force is assault, and the guard would face the same legal consequences as any other person.
What if a security guard violates my rights?+
Security guard misconduct can be reported to the Ministry of the Solicitor General (which licenses guards under PSISA). You may also have civil remedies. Reputable companies like ApexGuard take all misconduct complaints seriously.
Legal Disclaimer: This guide is for general educational purposes only. It does not constitute legal advice. Security laws and their interpretation can vary by situation. Consult a qualified Ontario lawyer for advice specific to your circumstances.
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