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Ontario Security Guard overview

Ontario Security Guard: Trespass to Property Act

Occupiers and their agents, the three ways to commit trespass, giving notice by voice, writing, signs or red and yellow markings, the $10,000 maximum fine and the power to arrest and hand over to police.

  • 34 questions
  • Topic drill
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Trespass to Property Act · Question 1Score 0/0

A trespasser has just left the property and refuses to give a name. Who may arrest them off the premises under the Act?

Study reference: Ontario Security Guard Study Guide (ontario.ca, October 2021), Ch. 8 Legal authorities — Trespass to Property Act; Trespass to Property Act, R.S.O. 1990, c. T.21

All 34 questions in this test

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

  1. A trespasser has just left the property and refuses to give a name. Who may arrest them off the premises under the Act?

    1. The occupier
    2. Only a police officer
    3. The security guard
    4. Any witness

  2. A plaza posts a single sign: No skateboarding. What does this mean for other activities?

    1. Every other activity is prohibited too
    2. Entry is banned for anyone under 18
    3. Only shopping is now allowed
    4. Other activities are not prohibited

  3. A newly planted tree lot has trees averaging 1.5 metres tall. Without any notice, may people enter it?

    1. No, it counts as land under cultivation
    2. Yes, trees are not cultivation
    3. Yes, unless red markings have been posted
    4. Only with a yellow marking

  4. You see red markings posted at the entrances to a property. What do they mean?

    1. Entry for certain activities only
    2. Only hunting is allowed
    3. Entry is allowed in daylight
    4. Entry is prohibited

  5. A person asked by the guard to leave a mall refuses and stays. Under the Act, what is this?

    1. Not an offence on private property
    2. A Criminal Code theft
    3. A by-law parking issue
    4. A trespass offence

  6. A sign shows a skateboard with an oblique line drawn through it. What notice does it give?

    1. Skateboards are for sale
    2. Skateboard parking is here
    3. Skateboarding is prohibited
    4. Skateboarding is permitted

  7. A person charged with trespass says the owner gave them permission. Who must prove that permission?

    1. The police officer
    2. The person charged
    3. The occupier
    4. The security guard

  8. What is the maximum fine for trespass under Ontario's Trespass to Property Act?

    1. $5,000
    2. $10,000
    3. $25,000
    4. $2,000

  9. A sign at a park entrance says only walking and picnics are permitted. What about other activities?

    1. All other activities are allowed
    2. The sign has no legal effect
    3. All other activities are prohibited
    4. Only dangerous activities are banned

  10. A property management company controls who may enter a condo's common areas. Can it be an occupier under the Act?

    1. Only if it lives on the premises
    2. No, only a tenant can be one
    3. No, only the registered owner can be
    4. Yes, control over entry is enough

  11. Why can a security guard give trespass directions on a client's property?

    1. The occupier authorized the guard to act for them
    2. Guards are peace officers on duty
    3. Any person may enforce trespass anywhere
    4. The PSISA gives licensed guards full police powers on duty

  12. With no signs posted, is a delivery person allowed to walk up the normal path to a building's front door?

    1. Only during business hours
    2. No, all entry needs written consent from the owner
    3. Yes, access to the door is presumed allowed
    4. Only if a guard escorts them

  13. When is a bus NOT treated as premises under the Trespass to Property Act?

    1. While it is in operation
    2. While it is parked in a depot
    3. While it is empty of passengers
    4. While it is locked overnight

  14. What does Ontario's Trespass to Property Act allow occupiers to do?

    1. Detain people for questioning at any time
    2. Decide who may be on their premises
    3. Search anyone who enters
    4. Charge visitors an entry fee

  15. Where must trespass signs be posted to give proper notice?

    1. Inside the building lobby only
    2. In view of each ordinary access point
    3. At least 100 metres from the gate
    4. Only at the main front entrance

  16. A trespass offence is committed by someone driving a car they do not own. Who may be liable to the fine?

    1. Only the passengers who were in the car
    2. Only the occupier of the premises
    3. The driver, and the owner in some cases
    4. Nobody, vehicles are exempt

  17. Who may arrest without a warrant a person found trespassing on premises?

    1. Only police officers
    2. Only a judge or a justice of the peace with a warrant
    3. Any member of the public anywhere
    4. Police, the occupier or a person they authorize

  18. A trespasser is convicted after damaging a fence. What can the court order on the prosecutor's request, with the owner's consent?

    1. A licence suspension for the guard
    2. A ban from all of Ontario
    3. A judgment for the damages
    4. A transfer of the property

  19. A person told to leave returns to the premises two days later. How does the court treat this when setting a penalty?

    1. As irrelevant to sentencing
    2. As a defence to the charge
    3. As an aggravating factor
    4. As a separate criminal offence

  20. Which of these is one of the three ways to commit trespass under the Act?

    1. Walking past a closed store
    2. Parking on a public street outside the property
    3. Being on a public sidewalk
    4. Doing an activity that is prohibited there

  21. After a guard hands a trespasser to police under section 9, how is the person treated for release and bail?

    1. As if the guard is still holding them
    2. As a person charged under the Criminal Code
    3. As a person who was never arrested
    4. As if the police officer made the arrest

  22. How large must a red or yellow trespass marking be?

    1. At least one metre wide
    2. Large enough to contain a 10 cm circle
    3. At least 30 cm on each side
    4. Large enough to contain a 5 cm circle

  23. In which ways can notice that entry is prohibited be given?

    1. Only by registered letter to the person's home
    2. Verbally, in writing, or by signs or markings
    3. Only by a court order
    4. Only by a police officer

  24. At sentencing for trespass, which court finding is also treated as an aggravating factor?

    1. The person was polite to the guard
    2. The person is likely to trespass again
    3. It was the person's first trespass offence
    4. The person left without arguing

  25. Can an occupier prohibit entry to just one part of a property, such as a rooftop?

    1. No, notice covers the whole site
    2. Only with a municipal permit
    3. Yes, notice can cover any part
    4. Only if the part is fenced off

  26. On which land is entry prohibited even when no notice is posted?

    1. A municipal sidewalk
    2. A cultivated field or garden
    3. An open shopping mall during business hours
    4. A public library lobby

  27. Under the Trespass to Property Act, which of these can be premises?

    1. A public sidewalk by the road
    2. A city street that is open to traffic
    3. A trailer used as a site office
    4. A provincial highway shoulder

  28. A storage yard is surrounded by a locked fence but has no signs. Is entry prohibited?

    1. No, a sign is always needed
    2. Only if red markings are posted as well
    3. Yes, the enclosure itself gives notice
    4. Only during the night hours

  29. What standard of belief must a guard have before arresting someone under the Trespass to Property Act?

    1. A signed complaint from the owner
    2. Absolute certainty of guilt
    3. Reasonable and probable grounds
    4. A prior written warning

  30. Who has the rights of an occupier for a school site under the Trespass to Property Act?

    1. The parents' council
    2. The municipality
    3. The local police service
    4. The school board

  31. One of the site's no-trespassing signs is slightly faded but still readable. Is the notice still valid?

    1. Only if a second sign is added
    2. No, every sign must be in perfect shape
    3. Yes, substantial compliance is enough
    4. No, notice must then be oral

  32. What do yellow markings posted at a property's access points mean?

    1. Entry is allowed for everyone
    2. Entry is prohibited completely, for any reason at all
    3. Entry is prohibited except for certain activities
    4. Caution, wet surfaces ahead

  33. What is the colour of right defence to a trespass charge on land?

    1. Not having seen any signs
    2. A reasonable belief of title or interest in the land
    3. Having visited the land many times before without complaint
    4. Being on the land after dark

  34. A guard arrests a trespasser under the Trespass to Property Act. What must the guard do next?

    1. Drive them to the property line
    2. Hold them on site until the client arrives to decide
    3. Release them after taking a photo
    4. Promptly call police and hand the person over

Trespass to Property Act: 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 ↗

Trespass to Property Act

  • Ontario law letting occupiers of private premises decide who may or may not be there; occupier may designate people to act for them — guards often fill this role.
  • Offence (s. 2(1)): entering where entry is prohibited; engaging in a prohibited activity; refusing to leave when directed by the occupier or an authorized person (e.g. a guard).
  • If entry is prohibited or restricted, notice must be given — verbally, in writing, or by signs or markings.
  • Violators of s. 2 may be arrested without a warrant; a guard who arrests under the Act must contact police as soon as possible and deliver the person to a police officer.

Definitions

  • "Occupier" includes a person in physical possession, or with responsibility and control over the premises' condition, activities or persons allowed to enter; there can be more than one occupier.
  • "Premises" = lands and structures, including water, ships and vessels, trailers and portable structures for residence/business/shelter, and trains, railway cars, vehicles and aircraft except while in operation.
  • School boards have occupier rights for school sites.

Trespass an offence

  • Offence if, without the occupier's express permission (proof of which rests on the defendant), a person enters when entry is prohibited or does a prohibited activity; or does not leave immediately when directed by the occupier or authorized person.
  • Fine: not more than $10,000.
  • Defence for land: colour of right — person reasonably believed they had title or an interest entitling them.
  • Aggravating factor: still on premises more than 24 hours after being given notice to leave (or longer period specified), or likely to reoffend.

Notice

  • Entry prohibited without any notice on a garden, field or other cultivated land (lawn, orchard, vineyard, young trees averaging no more than 2 metres, farm woodlots), or land enclosed to show intent to keep people out or animals in.
  • Presumption: access for lawful purposes to the door of a building by the normal path is not prohibited.
  • Notice that particular activities are permitted = all other activities prohibited; notice that one activity is prohibited = others allowed.
  • Notice may be given orally or in writing; by signs clearly visible in daylight from each ordinary access point; or by markings. Substantial compliance is enough.
  • Sign naming/showing an activity = permitted; with an oblique line through it = prohibited.
  • Red markings = entry prohibited. Yellow markings = entry prohibited except for certain activities. Markings must fit a circle 10 cm in diameter and be visible in daylight from each access point.
  • Notice may cover only part of the premises.

Arrest

  • Police officer, occupier or person authorized by the occupier may arrest without warrant anyone believed on reasonable and probable grounds to be on the premises in contravention of s. 2.
  • If not a police officer: promptly call for police and give the arrested person into police custody.
  • Arrest off premises after fresh departure (refusing name/address or giving false one) — police officer only.

further provisions (T22, from the e-Laws Word copy in _source/)

  • Premises include vehicles, trains, railway cars and aircraft only while not in operation.
  • Occupier can be a manager with control over who enters (more than one occupier possible).
  • s. 4(2) limited prohibition: notice banning one activity leaves other activities not prohibited.
  • s. 2(3)2: court finding that the defendant is likely to contravene again is an aggravating factor (2025 amendment).
  • s. 9(1) standard: belief on reasonable and probable grounds. s. 9(3): police officer receiving custody is deemed to have arrested for Provincial Offences Act release/detention/bail.
  • s. 11: offence by motor vehicle — driver liable; owner also liable unless driver convicted or vehicle taken without consent.
  • s. 12: on conviction, court shall (on prosecutor's request, with victim's consent) give judgment for damages, in addition to the fine; private prosecutor's costs; enforce through Small Claims Court; judgment extinguishes a civil action on the same facts.

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