BC Security Guard (BST) overview

BC Security Guard (BST): Arrest powers and detention

Why a guard has only a citizen's powers, arrest without warrant under Criminal Code section 494 (finds committing, fresh pursuit, owner's agent), delivering the person to police forthwith, giving the reason for arrest, breach of the peace, offence types, and Charter rights on arrest.

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Arrest powers and detention · Question 1Score 0/0

Section 10 (a) of the Charter gives an arrested person the right to be told what?

Study reference: B.C. security legislation and gov.bc.ca guidance (Oct 2026), Ch. 3 Arrest powers and detention — Criminal Code ss. 29, 30, 494; Charter ss. 9, 10; Security Services Act s. 4

All 22 questions in this test

Every question and its answer choices. The correct answers and explanations appear when you take the test above.

  1. Section 10 (a) of the Charter gives an arrested person the right to be told what?

    1. The reasons for the arrest, promptly
    2. The name of the arresting guard's employer
    3. Whether charges will be laid in court
    4. How long the detention will last
  2. Can a B.C. guard make a citizen's arrest for trespass under the provincial Trespass Act?

    1. No, the Act gives arrest power only to peace officers
    2. Yes, if the trespasser still refuses to leave after one full hour
    3. Yes, but only on land that is fully fenced
    4. Yes, after giving the trespasser one warning
  3. A person arrested by a guard asks to call a lawyer. Which Charter right is this?

    1. The right to vote and to stand for election
    2. The right to retain and instruct counsel without delay
    3. The right to be secure against unreasonable search or seizure
    4. The right to a trial within a reasonable time
  4. After arresting a shoplifter, what should the guard do first?

    1. Call police so the person can be handed over right away
    2. Take a photo and post it on the store's wall
    3. Search the shoplifter's car in the parking lot for more stolen goods
    4. Let the manager decide on a store penalty
  5. Section 494 (1) (b) allows a citizen's arrest of someone who has committed a criminal offence and is doing what?

    1. Refusing to give their name and address to the store's manager on request
    2. Leaving the premises after a staff argument
    3. Escaping while freshly pursued by people who may arrest
    4. Sitting in a car parked outside the property
  6. What arrest powers does a licensed B.C. security guard have?

    1. Police powers on private property only
    2. A private citizen's powers, plus owner's agent powers
    3. No power to arrest anyone in any situation
    4. The powers of a peace officer whenever the guard is wearing a uniform
  7. When may an owner's agent arrest a suspect a reasonable time after a property offence?

    1. When the suspect comes back to the same property within one week of the offence
    2. When the stolen item is worth more than $5,000
    3. When the client's manager signs a written arrest order
    4. When they reasonably believe police cannot feasibly make the arrest
  8. Before making a citizen's arrest, what is the safest first question a guard should ask themselves?

    1. Is the suspect smaller than I am?
    2. Has the suspect been rude to staff before?
    3. Will my employer approve of the arrest later?
    4. Did I personally see the offence being committed?
  9. A guard at a warehouse sees a man spray graffiti on the warehouse wall. Under s. 494 (2), what must the offence be?

    1. An offence committed during business hours
    2. An offence worth more than $5,000 in damage
    3. An offence that is also reported by a second, independent witness
    4. A criminal offence on or in relation to the property
  10. Under section 494 (1) (a), anyone may arrest without warrant a person they find committing what?

    1. A municipal bylaw offence
    2. Any provincial offence
    3. An indictable offence
    4. A breach of store policy
  11. After a guard makes a citizen's arrest, what must happen to the person?

    1. They may be questioned for up to one hour first
    2. They must be released once they return the goods
    3. They may be held until the store manager decides
    4. They must be delivered to a peace officer forthwith
  12. When police arrive after an arrest, which details should the guard be ready to give?

    1. Rumours other staff heard about the suspect
    2. The guard's personal opinion of the suspect's character and morals
    3. A guess about the suspect's criminal record
    4. Exact time and place, descriptions and what was seen
  13. Which Charter right is breached if a guard locks a person in a back room for no lawful reason?

    1. The right to equal protection and benefit of the law
    2. The right not to be arbitrarily detained
    3. The right to enter and leave Canada
    4. The right to freedom of religion
  14. Why can a guard arrest someone found committing theft under $5,000 under s. 494 (1) (a)?

    1. Store security has special powers for theft
    2. All property offences are indictable, whatever the value of the goods taken
    3. Theft under $5,000 is always a summary offence
    4. It is a hybrid offence, treated as indictable until the Crown elects
  15. What standard of belief does s. 494 (1) (b) require about the fleeing person's offence?

    1. A hunch based on the person's appearance
    2. A written complaint signed by the victim
    3. Belief on reasonable grounds that they committed a criminal offence
    4. Proof beyond a reasonable doubt, the same standard a criminal court uses
  16. What does the Criminal Code require an arrester to tell the person, where feasible?

    1. The arrester's home address
    2. The value of the property involved
    3. The reason for the arrest
    4. The penalty the person will receive
  17. A suspect calmly walks away after a minor theft and is no danger to anyone. What is often the wiser choice?

    1. Chase the suspect into traffic to recover goods
    2. Block the suspect's car with a security vehicle
    3. Tackle the suspect before they reach the door
    4. Observe, note a description and call police
  18. How does section 494 (4) link a citizen's arrest to the use of force?

    1. It bans all physical force during a citizen's arrest
    2. It makes the arrester 'authorized by law' for section 25
    3. It requires police to approve force by phone first
    4. It lets the arrester use any force the suspect uses
  19. A shopper tells a guard that someone stole a wallet an hour ago. Can the guard arrest under s. 494 (1) (a)?

    1. Yes, if the shopper agrees to sign a statement
    2. Yes, as long as the arrest happens on the property
    3. No, the guard did not find the person committing it
    4. Yes, a reliable report is enough for a citizen's arrest
  20. A guard hired by a mall sees a person smash a mall window. Which power fits best?

    1. Detain under the Liquor Control and Licensing Act
    2. No arrest is possible because damage is minor
    3. Arrest under the B.C. Trespass Act as an occupier
    4. Arrest as a person authorized by the property owner
  21. A guard sees two patrons start a fistfight in a lobby. What does section 30 allow?

    1. Taking their ID cards until they apologize
    2. Fining both patrons on the spot under the security code of conduct
    3. Stopping it and detaining them for police with reasonable force
    4. Punishing the person who started the fight
  22. A guard could not tell a struggling suspect why they were arrested. What is the effect under s. 29?

    1. It does not by itself remove the guard's protection
    2. The guard's security licence is suspended for 30 days by the registrar
    3. The suspect must be released immediately
    4. The arrest becomes automatically unlawful

Arrest powers and detention: key rules to remember

Our summary of what the official handbook says on this topic, in our own words. Read it before or after the practice questions above, then check the original chapter. Read the official chapter ↗

Legal status of a guard

  • A licensed guard is not a peace officer; the registrar may refuse a licence to a peace officer (Act s. 4 (1) (f)).
  • A guard must not misrepresent the nature of their legal authority (Regulation s. 14 (o)) and may not call themselves police, peace officer, law enforcement or detective (Act s. 44 (5)).
  • A guard's arrest powers are the same as any private citizen's, plus the owner's-agent power in Criminal Code s. 494 (2).

Arrest by any person

  • Anyone may arrest without warrant a person they find committing an indictable offence.
  • Anyone may arrest a person they believe on reasonable grounds has committed a criminal offence and is escaping from, and being freshly pursued by, persons with lawful authority to arrest.
  • "Finds committing" means seeing the offence being committed, not learning of it later.

Arrest by owner or authorized person

  • The owner or person in lawful possession of property, or someone they authorize (such as a guard hired for the site), may arrest a person found committing a criminal offence on or in relation to that property.
  • The arrest must be made at that time, or within a reasonable time after the offence if they believe on reasonable grounds that it is not feasible for a peace officer to make the arrest.
  • s. 494 (2) covers any criminal offence on or in relation to the property, not only indictable ones.

After the arrest

  • Anyone other than a peace officer who arrests without warrant must deliver the person to a peace officer forthwith (right away).
  • A person authorized to arrest under s. 494 is "authorized by law" for the purposes of s. 25 (use of force).

Duty when arresting

  • The person making an arrest must, where feasible, tell the person the reason for the arrest.
  • Failing to do so does not by itself remove protection from criminal responsibility.

Breach of the peace

  • Anyone who witnesses a breach of the peace may interfere to stop it continuing or being renewed.
  • They may detain a person who commits or is about to join or renew the breach, to hand the person to a peace officer, using no more force than reasonably necessary or proportionate to the danger.

Kinds of offences (as used in s. 494)

  • Indictable offences are the more serious offences; summary conviction offences are less serious.
  • Hybrid offences (for example theft of $5,000 or less, mischief, assault) may be prosecuted either way and are treated as indictable until the Crown elects; a guard can therefore arrest a person found committing one.
  • Provincial offences, such as trespass under the B.C. Trespass Act, are not criminal offences, so s. 494 does not give a power to arrest for them.

Arrest and detention

  • Everyone has the right not to be arbitrarily detained or imprisoned (s. 9).
  • On arrest or detention, everyone has the right to be informed promptly of the reasons and to retain and instruct counsel without delay and be informed of that right (s. 10 (a), (b)).
  • s. 10 (c): the right to have the validity of the detention determined by habeas corpus and to be released if it is not lawful.

Handing over to police

  • Police need details: exact time and location, names of people involved, descriptions (hair, build, height, sex, race), what was seen, and any vehicle plate, colour and type.
  • A person arrested by a guard is handed to police with the guard's account of what was seen; the guard may later have to testify.

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