Ontario Security Guard Licence Exam Prep · Question
Under Section 494(2) of the Criminal Code, a security guard acting as an agent for the property owner may arrest a person found committing a criminal offence:
A section 494(2) arrest (property owner) for a summary offence can only be made if the person is found committing the offence on or in relation to the property.
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Question: Under Section 494(2) of the Criminal Code, a security guard acting as an agent for the property owner may arrest a person found committing a criminal offence:
Answer options:
- When the guard believes the person has a criminal record.
- When the person is seen leaving the property with stolen goods worth over $5000. ✅ When the person is found committing the offence on or in relation to that specific property.
- When the guard is patrolling a public sidewalk adjacent to the property.
Correct answer: When the person is found committing the offence on or in relation to that specific property.
Explanation: A section 494(2) arrest (property owner) for a summary offence can only be made if the person is found committing the offence on or in relation to the property. Shoplifting (Theft Under) is a hybrid offence, often treated as summary.
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