Ontario Security Guard Licence Exam Prep · Question
A security guard observes an individual repeatedly attempting to open locked doors at a business after closing hours. The occupier of the property has authorized the guard to act on their behalf. Can the guard arrest this individual without a warrant?
Subsection 9(1) of the Trespass to Property Act permits an occupier of premises, or a person authorized by the occupier, to arrest without warrant any person wh
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Question: A security guard observes an individual repeatedly attempting to open locked doors at a business after closing hours. The occupier of the property has authorized the guard to act on their behalf. Can the guard arrest this individual without a warrant?
Answer options:
- No, only a police officer can make an arrest.
- Yes, if the security guard is designated as a peace officer. ✅ Yes, if the guard believes on reasonable and probable grounds that the person is committing an offence under section 2 of the Act.
- No, because the offence is not violent.
Correct answer: Yes, if the guard believes on reasonable and probable grounds that the person is committing an offence under section 2 of the Act.
Explanation: Subsection 9(1) of the Trespass to Property Act permits an occupier of premises, or a person authorized by the occupier, to arrest without warrant any person whom he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2.
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