In Ontario, security guards are responsible for protecting property and public safety. Their powers—derived from the Criminal Code of Canada (especially Section 494) and the Trespass to Property Act—allow them to do a citizen’s arrest when they witness a crime or have reasonable grounds to believe one has been committed. However these powers are very limited: any detention, search or use of force must be reasonable and proportional.
This guide answers the questions: when and how can a security guard legally detain or search you, what is excessive force and how to protect your rights—all based on Ontario laws and regulations.
Q1: Can security guards touch you in Ontario?
A: Security guards may use physical contact only when necessary—for example, to execute a lawful citizen’s arrest or to protect themselves or others using reasonable, proportionate force. Unnecessary or excessive touching is not permitted.
Q2: Can security guards detain you?
A: Yes. If a security guard witnesses you committing a criminal offence—such as trespassing or shoplifting on the property they protect—they may detain you temporarily under citizen’s arrest rules. However, they must promptly turn you over to the police; any prolonged detention without arrest may constitute false imprisonment.
Q3: What is the basis for a security guard's citizen’s arrest authority?
A: Security guards derive their “citizen’s arrest” authority from Section 494 of the Criminal Code of Canada. Under this provision, a guard may arrest a person if they witness a criminal offence or have reasonable grounds to believe that an offence has been committed—and that the suspect is actively attempting to evade lawful arrest.
Q4: Do security guards have the same arrest powers as the police?
A: No. Their authority is limited to performing a citizen’s arrest on the property they are employed to protect when they directly observe a crime or have reasonable grounds for believing one has been committed. They do not possess the broader arrest powers of police officers.
Q5: Under what circumstances can a security guard search you?
A: A security guard may conduct a search only if you are lawfully arrested or if you voluntarily consent to the search. Any such search must be reasonable and narrowly tailored to address immediate safety concerns.
Q6: What should you do if a security guard detains or restrains you?
A: Remain calm and ask the guard to clearly explain the reason for your detention. Request to see their valid security license (all licensed guards in Ontario are required to carry it). If you believe your rights are being violated, ask for a police officer to be called, document the incident, and consider filing an official complaint.
Q7: Are there limits on the use of force by security guards in Ontario?
A: Yes. Security guards are legally required to use only the minimum force necessary to control a situation. Any force used must be both reasonable and proportionate to the threat posed. Excessive force can lead to legal consequences for both the individual guard and their employer.
Q8: Can a security guard hold you for questioning if you’re not under arrest?
A: No. A security guard does not have the authority to detain you for questioning unless you are under a lawful arrest. Any detention solely for questioning may be considered false imprisonment.
Q9: Are you required to provide your name or identification to a security guard?
A: No. Under Ontario guidelines, you are not obligated to provide your name or identification to a security guard unless you are under lawful arrest. Guards must give you an opportunity to leave the property before taking further action for trespass.
Q10: What happens if you attempt to leave after being arrested by a security guard?
A: Once a security guard has lawfully arrested you, they cannot “unarrest” you. If you try to leave while still in custody, you may be charged with resisting arrest.
Q11: What steps can you take if you believe a security guard has violated your rights?
A: If you suspect that a security guard has used excessive force, detained you unlawfully, or otherwise breached their code of conduct, you should:
Ask for an explanation and request to see their identification.
Contact the police if you are under arrest or if you believe your detention is unlawful.
Document the incident (record details, take notes, gather witness information).
File an official complaint with the Private Security and Investigative Services Branch via the appropriate channels on Ontario’s website.
These answers reflect common practices and legal limits in Ontario as defined by provincial legislation (such as the Trespass to Property Act and the Criminal Code) and guidelines provided by training resources and regulatory bodies. For more detailed information or advice tailored to your situation, please consult a legal professional or refer to official publications by the Ontario Ministry of Community Safety and Correctional Services.