BC Security Guard Licence Exam Prep · Question
A patron refuses to leave a posted private parking lot at 02:00 after being asked by a security guard. The guard has been given authority by the occupier to enforce trespass. What immediate action can the guard take under the Trespass Act?
Under the Trespass Act, section 4(1)(b), a person commits an offence if, having received notice from the occupier or someone acting under the occupier's authori
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Question: A patron refuses to leave a posted private parking lot at 02:00 after being asked by a security guard. The guard has been given authority by the occupier to enforce trespass. What immediate action can the guard take under the Trespass Act?
Answer options:
- Physically remove the patron from the property.
- Detain the patron until police arrive. ✅ Ask the patron again to leave, advising that police will be called if they refuse.
- Issue a verbal warning and let them stay.
Correct answer: Ask the patron again to leave, advising that police will be called if they refuse.
Explanation: Under the Trespass Act, section 4(1)(b), a person commits an offence if, having received notice from the occupier or someone acting under the occupier's authority not to enter or to leave, they enter or do not leave. A security guard acts as an agent of the occupier. While police can be called for enforcement, guards do not have powers of arrest or physical removal under the Trespass Act.
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