An agent could not tell a struggling suspect the reason for arrest. What is the effect under section 29?
Québec Security Guard (BSP): Arrest powers and the rights of arrested persons
A citizen's arrest under Criminal Code section 494, the owner's-agent power, delivering the person to police at once, giving the reason, breach of the peace, and the Québec Charter rights of an arrested person: humane treatment, reasons in a language they understand, and calling relatives and a lawyer.
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Study reference: Québec private security law and BSP guidance (Oct 2026), Ch. 5 Arrest powers — Criminal Code ss. 29, 30, 494; Québec Charter of human rights and freedoms ss. 24, 25, 28, 29; Private Security Act s. 3
All 22 questions in this test
Every question and its answer choices. The correct answers and explanations appear when you take the test above.
An agent could not tell a struggling suspect the reason for arrest. What is the effect under section 29?
- The arrest becomes automatically unlawful
- The agent's licence is automatically suspended by the BSP
- That alone does not remove their protection
- The suspect must be released immediately
What must the arrester tell the arrested person, where feasible?
- Their home address
- The judge's name
- The reason for the arrest
- The amount of the fine
How does s. 494 (4) link a citizen's arrest to the use of force?
- It bans any form of force during a citizen's arrest
- It makes the arrester 'authorized by law' (s. 25)
- It allows the same force the suspect uses
- It requires prior police approval
An agent hired by a mall sees someone smash a mall window. Which power applies?
- Arrest under a provincial trespass statute
- A 24-hour detention in the security office
- Arrest as a person authorized by the owner
- None; a broken window is a civil matter
When police arrive, which details should the agent be able to give?
- Rumours heard about the suspect
- A guess about the suspect's record
- Time, place, descriptions and what they saw
- Their personal opinion of the suspect's morals and character
A customer tells the agent a man stole a bag an hour ago. Can the agent arrest him under s. 494 (1) (a)?
- Yes, if the customer signs a written statement
- Yes, as long as the man is still in the store
- Yes, a customer's word is always enough
- No, the agent did not find him committing it
Two customers start fighting in a lobby. What does Criminal Code section 30 allow a witness to do?
- Keep their ID cards until the next morning, as a precaution
- Fine them on the spot
- Intervene and detain them for police, with reasonable force
- Choose which of the two to punish
During an arrest, an agent shouts 'Police!'. What does the regulation say?
- It is allowed to get obedience
- They must not claim a police officer's powers
- It is allowed if a real officer arrives shortly after
- It is allowed at night only
When may an owner's agent arrest someone a reasonable time after the offence?
- If the manager signs an arrest order
- If the stolen goods are worth over $5,000
- If they believe police cannot feasibly make the arrest
- If the suspect returns to the same site within the following week
After a citizen's arrest, what must the security agent do?
- Release them once they return the goods
- Question them for an hour before calling
- Deliver the person to a peace officer at once
- Keep them until the store closes
Under s. 494 (1) (b), when may the author of a criminal offence be arrested?
- They are sitting in their car near the store
- They refuse to give their name and address to the security agent
- They are fleeing people with authority who are pursuing them
- They are leaving after a verbal argument
An agent holds a person he has not arrested 'until the manager comes'. What does the regulation say?
- It is allowed for 30 minutes
- Detaining a person not under arrest is prohibited
- It is allowed if the person is a minor
- It is allowed while the manager is on the way to the store
How must every arrested person be treated under the Québec Charter?
- With humanity and respect
- As the client decides
- Isolated with no contact
- Handcuffed at all times
Under s. 494 (1) (a), whom may anyone arrest without a warrant?
- A person who refuses to show their bag at the exit
- A person who breaks a municipal bylaw
- A person suspected of a theft committed last week
- A person found committing an indictable offence
After arresting a shoplifter, what should the agent do first?
- Call police to hand the person over
- Let the manager decide on a punishment
- Search the thief's car in the parking lot
- Post the thief's photo at the entrance
Under section 24 of the Québec Charter, when may a person be deprived of liberty?
- Whenever a store customer expressly asks the agent to do it
- Whenever a person looks suspicious
- For up to one hour with no reason at all
- On grounds provided by law, following the prescribed procedure
What arrest powers does a security agent have in Québec?
- No power at all, even for a serious crime
- Those of a peace officer on the client's land
- Those of a police officer during their shift
- Those of any citizen, under the Criminal Code
Under the Québec Charter, how must an arrested person be told the reasons for the arrest?
- Only if they ask in writing
- In French only, at the police station
- In writing, within 48 hours
- Promptly, in a language they understand
A person arrested by an agent asks to call a relative and a lawyer. What does the Québec Charter provide?
- They have this right only if police are present
- They may, without delay, notify relatives and a lawyer
- They may call only a lawyer, never relatives or family
- They must wait until they are before a judge
What level of belief does s. 494 (1) (b) require about the fleeing person's offence?
- Proof beyond a reasonable doubt, as in a criminal court
- A mere hunch based on appearance
- A written complaint signed by the victim
- Reasonable grounds to believe in a criminal offence
A warehouse agent sees a man spray graffiti on the wall. Under s. 494 (2), what must the offence be?
- An offence causing over $5,000 in damage
- An offence committed during business hours
- An offence also seen by a second witness
- A criminal offence on or in relation to the property
A thief walks calmly away after a small theft and threatens no one. What is often the safest choice?
- Block his car with a patrol vehicle
- Observe, note a description and call police
- Tackle him before he reaches the door
- Chase him into the street through traffic
Arrest powers and the rights of arrested persons: 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 ↗
Private Security Act s. 3; Conduct Regulation s. 6
- An agent is not a peace officer and must not claim those powers; they have a citizen's arrest powers.
Criminal Code s. 494
- Anyone may arrest without warrant a person found committing an indictable offence, or a person believed on reasonable grounds to have committed a criminal offence who is escaping and freshly pursued by people with authority to arrest.
- The owner, a lawful possessor, or someone they authorize may arrest a person found committing a criminal offence on or in relation to the property, at the time or within a reasonable time if a peace officer cannot feasibly do so.
- A private arrester must deliver the person forthwith to a peace officer, and is "authorized by law" for s. 25.
Criminal Code ss. 29, 30
- Give the reason for the arrest where feasible; failing to do so does not by itself remove protection.
- A witness to a breach of the peace may intervene and detain a participant for police with reasonable force.
Québec Charter of human rights and freedoms ss. 24, 25, 28, 29
- No deprivation of liberty except on grounds provided by law and by prescribed procedure.
- Arrested persons are treated with humanity and respect, told the reasons promptly in a language they understand, and may without delay notify relatives and get a lawyer.
Handover to police (practice)
- The agent gives police a factual account: exact time and place, descriptions, what they personally saw, vehicle details; they may later testify.
Study the Arrest powers and the rights of arrested persons rules as flashcards →
Other topics
- Private Security Act and the agent licenceThe six private security activities, who is exempt, why an agent is never a peace officer, who needs an agent licence (including the immediate supervisor), the conditions (age 18, good character, no related conviction, training), the five-year licence, temporary licences, incompatible jobs, notices to the BSP and the public register.
- Required training and temporary permitsThe 70-hour guarding course and its three modules, school service centres, work-study temporary permits, equivalence reviews, the CNESST first aid requirement, licences from other provinces, and the rules for temporary permit holders.
- Standards of conduct for agentsThe nine standards of the conduct regulation: preserving trust, no offensive or discriminatory language, no alcohol or drugs, showing the licence, no abuse of authority or unlawful detention, cooperating with police and the BSP, competence and honesty about one's powers, no conflicts of interest, confidentiality and careful use of firearms.
- The BSP, inspections, complaints and finesThe Bureau de la sécurité privée's mission and board, inspectors' powers, complaints and how they are handled, the public register, and the fines in the Private Security Act, including doubling for repeat offences.
- Use of force and self-defenceCriminal Code sections 25 to 27, 34 and 35 on necessary force, deadly force, excess, preventing offences, defence of person and defence of property, together with the conduct regulation's ban on excessive force, threats and intimidation.
- Québec Charter rights, privacy and discriminationDignity, privacy, property, the home and protection from unreasonable searches under the Québec Charter, which also binds private security; the prohibited grounds of discrimination, harassment and refusing services to the public; and confidentiality.
- Communication, de-escalation and fightsWarning signs of violence, verbal and non-verbal de-escalation, ending a hostile exchange, responding to fights and crowds, reporting incidents, and the respect the conduct regulation requires.
- Emergency procedures and fire extinguishersFire classes A, B, C, D and K, the EVAB (PASS) method, when never to fight a fire, where to stand, extinguisher inspection, evacuation, head counts, the emergency co-ordinator, chain of command and drills.