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What are the Legal Limitations of a Security Guard in Canada?
Security guards are considered the backbone of safety and security across Canada, but their authority is defined by clear limitations and legal boundaries. In Ontario, Canada, security guards are bound to adhere to the Private Security and Investigative Services Act, 2005 (PSISA) and the Criminal Code of Canada. As of September 30, 2023, Ontario has digitized the licensing system, security guards must carry either the hard copy or digital version of their license. They must also reveal their identity, especially if they are appointed to certain security assignments.
Security guards have limited arrest powers, and only tactical guards can arrest if they directly witness a crime. They are trained to follow guidelines to avoid excessive use of force. Only a certain use of force is allowed according to the scenario—in self-defense or to de-escalate the situation. Security Officers cannot carry guns or other prohibited weapons unless they have the proper training and licensing from the concerned department. They cannot search individuals without their consent and must respect the people’s privacy rights.
Security guards must perform their duties within the specified legal limit. They should not override these limits as this can lead to fines or imprisonment in certain situations. Therefore they must be aware of the legal knowledge and receive proper training from security providers.
Understanding the Legal Limitations
The legal responsibilities of a security guard are regulated by federal, state, and local laws – PSISA and the Criminal Code of Canada. Security provider companies must ensure that the security guards are well aware of the legal framework such as the Firearms Act, for their actions to remain lawful. Let’s explore some of the legal limitations they should be mindful of
Credential Checks
In Canada, every security guard must obtain a license from the concerned law authority to perform his duty legally. Every province has its laws and regulations combined with the federal law, as Ontario has PSISA 2005. This law ensures that every security guard has basic training of 40 hours covering various topics such as legal powers and limitations, and de-escalating abilities.
After the basic training, a security guard must pass a formal test to obtain his license. This test ensures the security personnel is aware of his role and responsibilities. A thorough background check follows the formal test, in which the security guard is scrutinized deeply to ensure he is physically fit and has no criminal background that may result in his disqualification for the security position. The security guard’s license is digitized in Ontario; he must always have a hardcopy or digital license with him.
Limited Arrest Powers
Security guards have limited arrest power as compared to the police. They can only arrest someone if they find someone committing a crime in their presence or trying to demolish valuable evidence to escape from the law enforcement agency. Security officers can also detain the accused to wait for the law enforcement agencies to arrive; this detainment must be in the presence of a witness to avoid an allegation of unlawful confinement, which may lead to legal complications.
No Authority to Execute Search Warrants
Security guards do not have the authority to obtain a search warrant from a judge to search for a specific place. They have to rely on the consent of the individual or the owner of the property to let him conduct a search and clear his security doubts and concerns. If they don’t allow the security guard to search the property, then he should involve the police to clear his security doubts.
Restriction on the Use of Force
Security guards must be aware of their use of force limitations. They can use force in certain scenarios when there are no other options available but to use force, such as in self-defense, when an aggressive person attacks them, or to de-escalate the tense situation to avoid further escalated damages. Therefore, security guards have to be careful about the use of force. If they use force against minors or misuse their powers, then they might end up facing criminal charges as well as lawsuits.
Remain in the Property Jurisdiction
Security guards are only responsible for the safety of the property they are hired to protect. They can impose rules and regulations on the precinct according to the situation, such as identity verification, restricting certain age groups from entering the property or requiring a certain dress code. However, they can only do this within the scope of the precinct defined by the client.
Inability to Issue Legal Citations or Tickets
Security guards have limited access to imposing the law outside their jurisdiction, mainly in their client’s property or event surroundings. Security guards do not have the authority to impose fines or issue legal citations or tickets for any breach of law. However, they can inform law enforcement agencies regarding certain law violations and provide their testimony statement for further proceedings and investigations. This way, they can perform their moral duties to counter criminals and offenders inside the legal circle.
Conclusion
Security guards are vigilant enough to perform their duties, keeping the spirit to provide everyone with a safe and secure environment. Their security duties come under specific legal limitations; they should not go beyond that. Several federal and provincial laws bind them to perform certain tasks within the legal framework. The roles of security guards and police officers often go parallel. Still, security guards have certain legal limitations and are only responsible for the rules and regulations of the client’s property. They are professionally trained and aware of their legal responsibilities, which helps them avoid legal complications – criminal proceedings or lawsuits.
247 Gard Security Services provides professionally trained guards who know their legal responsibilities. We ensure that our security guards adhere to federal and local laws and regulations and prevent you from falling into any legal complications. 247 Gard provides its essential customized security services with affordable packages that will save you money. Don’t Compromise on Your Security—Get a Quote for customized Security Services Now!
