Section overview

The trainer focuses on the broader legal context of private security to instruct the student on his/her rights and limitations when performing duties as a security guard. The trainer will also explain where a security guard derives his/her authority to carry out job functions.

Suggested duration

In class: 7.5 hours
Outside class: 10 hours

Minimum requirements

  1. list procedures for handling, storing, disseminating and destroying information of a personal nature
  2. address the relevant sections of the Personal Information Protection and Electronic Documents Act (PIPEDA) regarding the protection of personal information
  3. outline the relevant sections of the following legislation
    • Employment Standards Act, 2000
    • Labour Relations Act, 1995
    • Liquor Licence Act
    • Provincial Offences Act
    • Residential Tenancies Act, 2006
    • Trespass to Property Act
  4. provide the following information with respect to the Criminal Code of Canada
    • explain the difference between indictable and summary offences and a security guard’s authority to arrest (e.g. citizen’s arrest)
    • list the most common offences encountered by security guards
    • review the sections of the code regarding defense of property and defense of persons
    • explain criminal harassment, mischief, assault, theft, causing disturbances, breaking and entering and possession of stolen property under the code
  5. explain the common elements of tort law in security situations

Note: There are four components in this section: Handling information and PIPEDA, Additional legislation, Criminal Code and Tort law.

Security guards are only expected to be aware of this legislation as it pertains to their roles. The primary focus should be on best practices with respect to acquiring information to resolve security issues in the context of relevant legislation.

Handling Information and PIPEDA

Security guards frequently deal with the collection, storage, dissemination and destruction of information. The trainer discusses the procedures and regulations with respect to managing information and explains how to keep information secure while ensuring that it is maintained in a manner consistent with PIPEDA.

Working/detailed knowledge

Working

Suggested methodology

  1. pre-reading on the relevant sections of PIPEDA
  2. discussion on how to interpret and use the act
  3. case study analysis and solutions with questions pertaining to the collection, storage, dissemination, and destruction of information
  4. learning journal

Additional legislation

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

  • Employment Standards Act, 2000
  • Labour Relations Act, 1999
  • Liquor Licence Act
  • Provincial Offences Act
  • Residential Tenancies Act, 1996
  • Trespass to Property Act

The trainer provides a brief introduction to the relevant sections to each act, addresses the risks and dangers associated with private security and describes how each act can impact the safety and effectiveness on site. Issues of liability should be discussed to ensure the student understands how to complete his/her duties within lawful authority. The trainer also addresses whose authority a security guard is acting on (acting as agent of the property owner) and differences in private versus public property.

Working/detailed knowledge

Working

Suggested methodology

  1. pre-reading of the relevant sections of each act
  2. lecture and class discussion on how to interpret and use the act
  3. presentation of case law and pictures (e.g. "No trespassing," "Private property," etc.)
  4. short multimedia exercises with feedback
  5. learning journal

Criminal Code, Canada

Security guards may encounter situations in which they need to deal with indictable, summary, or criminal offences. They need to be able to accurately identify and categorize offences when on duty and understand how to perform a citizen’s arrest according to the Criminal Code, Canada. The trainer introduces the code within the context of liability, duty of care and lawful authority. Defense of property and defense of persons should also be discussed.

Working/detailed knowledge

Working

Suggested methodology

  1. pre-reading of the relevant sections of the Criminal Code including Section 494
  2. lecture and class discussion on how to interpret elements of the criminal code
  3. presentation of case examples regarding critical incidents and abuse of authority
  4. categorization exercise regarding the different types of offences
  5. demonstration of behaviours that are unacceptable based on the code
  6. learning journal

Tort law

Security guards must ensure that they are completing their job within their lawful authority. The trainer explains the common elements of tort law in security situations.

Working/detailed knowledge

Working

Suggested methodology

  1. pre-reading on relevant cases
  2. lecture with discussion on categories of torts
  3. lecture on what is not acceptable and best practices
  4. learning journal

Suggested training evaluation for section

A quiz focused on contraventions of the acts and torts.