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Ontario Security Guard Licence Exam Prep · Question

Under the Ontario Trespass to Property Act, a security guard has the authority to arrest without warrant:

The Trespass to Property Act (TPA) allows for an arrest of a person who is found on premises in contravention of the Act (i.e., after being told to leave or ent

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Question: Under the Ontario Trespass to Property Act, a security guard has the authority to arrest without warrant:

Answer options:

  • Anyone who looks suspicious.
  • Anyone who refuses to show identification at the entrance.
  • Only individuals committing an indictable offence. ✅ A person who has been told to leave, refuses to do so, and is found on the premises.

Correct answer: A person who has been told to leave, refuses to do so, and is found on the premises.

Explanation: The Trespass to Property Act (TPA) allows for an arrest of a person who is found on premises in contravention of the Act (i.e., after being told to leave or entering where prohibited) AND the guard believes on reasonable and probable grounds they are 'found committing' the trespass. 494 CC is for criminal offences; TPA is provincial.

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