Module 8: Legal Authorities

It is important for security guards to understand their rights and limitations when performing their duties and to know where they derive the authority to carry out their job functions.

Security guards can encounter situations where they need to be familiar with the following legislation:

Employment Standards Act, 2000 – sets out the minimum standards that employers and employees must follow.
Labour Relations Act, 1999
Liquor Licence Act – sets out the rules for the sale and service of beverage alcohol in Ontario.
Provincial Offences Act – governs how charges are processed and prosecuted in the Ontario courts.
Residential Tenancies Act, 1996 – legislation that protects tenants, helps landlords and promotes investment in Ontario’s rental housing market.
Trespass to Property Act (TPA)

The TPA is the only piece of Provincial legislation whereby a security guard is permitted to carry out the provisions of the Act itself, as well as entitling a security guard to effect an arrest, under speciﬁc conditions set out therein.

Security ofﬁcers are empowered to do so only by virtue of the fact that they possess Agent Status, that is, to act on behalf of the owner. This Act contains civilian arrest authority but no civilian release authority. Once an arrest is made you must turn the arrested subject over to the police forthwith.