Understanding the Legal Responsibilities of Security Officers

In the private security industry, security officers ensure safety around public and private places. In private places, they have their separate responsibilities, including securing private property or a person having a threat. However, when it comes to public places, they are bound by specific legal laws and regulations they can’t ignore – The Private Security and Investigative Services Act, 2005 (PSISA) and the Criminal Code of Canada.  

Under the PSISA for Ontario Private Security Providers, the security officer must adhere to the licensing requirements, code of conduct while on duty, and complaints procedures and investigations. A security officer can arrest a general public member for a valid reason. However, that security officer must be a level 3 tactical security officer with proper training in using force. Let’s cover the core requirements and  legal responsibilities of a security officer while being in a public place;

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Credential Requirements

In Ontario, Canada, every security officer must obtain a license to perform their duties legally. Each province has its laws and regulations, but Ontario, under the Private Security and Investigative Services Act, 2005 (PSISA), sets specific standards that every security officer must meet. Here are some to mention;

Basic Training Course

This is a basic course of 40 hours which covers different topics to enhance their skills like legal powers, conflict-solving abilities and emergency response parameters. This basic training ensures that the security officers are fully aware of their legal responsibilities.

Licensing Exam

After going through the basic training, the security officers must pass a formal licencing exam. This exam tests their general abilities, knowledge of security practices and ethical performance. 

Background Checks

To ensure that each security officer is a perfect fit for the security position, a thorough background check is conducted to ensure that they don’t have any criminal records that would disqualify them. 

Core Responsibilities

A Tactical Security officer plays several roles while performing their duties; they act as your eyes and ears around the precinct, a crowd instructor, a customer care representative to assist people, and a first responder to emergencies – giving first aid and CPR to needy people. There are some core responsibilities he must have to perform while on duty, and here we are discussing a few of them; 

Patrol and Surveillance

A security officer, while on duty, continuously performs patrolling, by foot or moving around in a vehicle, surveilling public places to ensure the safety of the public. He is a sign of deterrence when his uniform is on, and he analyzes the area with vigilant eyes. This way, he can analyze potential threats and take the required measures on time. 

Incident Reporting

Tactical Security guards are excellent observers. They are trained to be quick responders and analyzers in emergencies. Their responsibility is to make an incident report, which is crucial for any investigation, and to lead further investigations for law enforcement agencies. 

Access Control

Security officers ensure access control to private or public places and restrict unauthorized entries as required. They are well-trained to handle large crowds and filter unauthorized people from them. For this, they use different access control systems, wrist authenticators, badge systems, CCTV cameras, and random vehicle checking. This way, they implement the most vital layer of security in place for the safety and security of people and assets. 

Legal Authorities and Limitations

Security officers in Canada do not have the maximum power to arrest or detain an individual they consider to be a threat to the general public. Their powers are limited and specific under Section 494 of the Criminal Code of Canada, which allows them to arrest an individual under certain circumstances; 

Citizen’s Arrest

• • Security officers can arrest without a warrant if they find someone committing a crime in their presence and have strong evidence that the person has committed a crime and is trying to escape from law enforcement.

• • After making an arrest, security officers can detain the accused until law enforcement agencies arrive; the detainment should be conducted wisely to avoid any allegation of unlawful confinement. 

Use of Force

Security officers must be aware of legal bounds before using force to avoid any legal consequences. They are allowed to use force when needed, but they must know when to apply too much force. For example, force is permitted when handling an assault, but it can be punishable if used against a minor.

Proper training in using force is crucial for security officers. They must be trained enough to de-escalate the situation without using force whenever they can. The use of force can also put security officers and their employers behind bars, according to the individual rights under the Criminal Code of Canada and provincial regulations.  

Handling Firearms and Other Weapons

Keeping and handling firearms are strictly regulated under the Firearms Act in Canada. Apart from the Firearms Acts, several federal and provincial laws ensure that firearms are only used when required, i.e., Authorization to Carry (ATC). The security officers can only carry heavy firearms if they are issued an ATC. 

This authorization is needed when there is a certain risk of attack from criminals, such as protecting high-risk properties or transporting highly valuable items to a risky place. Under ATC, security officers and employers are responsible for maintaining the records of all firearms that have been issued, which can be randomly checked by law enforcement agencies. 

Apart from the firearms, other weapons, including batons and handcuffs, must be used with extra care. Batons are usually considered as a self-defence weapon and security officers should use them accordingly to protect themselves from harm. If used against minors, there will be bad consequences for security officers. 

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Interactions with the Public and Law Enforcement

People look for security officers when they need assistance in public places. Security officers should have enough communication and ethical skills to convince the public on certain terms if required, such as not being allowed to enter from the exit door. 

Security officers are often required to work with law enforcement in emergencies because they are considered first responders to any situation until the concerned department arrives. They must be trained to observe and handle sudden erupting emergencies calmly. For example, they are responsible for responding first in public events to control the crowd and arrange parking vehicles to streamline the flow of people in and out at the event.  

Role Of MLEO and Tactical Guards

People often get confused over the MLEO and Tactical guards, but they are not the same. Both have roles to play in the security arena. MLEO stands for Municipal Law Enforcement Officer, they are generally responsible for enforcing parking by law in different municipalities and provinces, like Ontario, Canada. They do not have the power of arrest. They are only accountable for patrolling parking lots, issuing parking tickets, responding to parking complaints, and other functions asked by the municipality according to their training.   

On the other hand, tactical guards are more trained than regular security guards and are responsible for de-escalating complex security situations. They wear full wests and gears and may be armed according to the job assigned to them. Tactical security officers primary responsibilities include:

• • Neutralizing the threats.

• • Responding rapidly in crisis management.

• • Working with law enforcement to apprehend the suspects and patrol high-risk areas. 

Conclusion

Security officers perform several security functions while on duty, but the laws do not spare them. They are also bound to specific rules and regulations, which force them to work within the parameters of those legal responsibilities only. Under several federal and provincial laws, they are prohibited from using firearms, batons, handcuffs, and mere force to dismantle the assault. These boundaries are necessary to keep the security officers aware of their obligations and duties.

G Force Security trains its security officers with specific training and knowledge to perform their duties and responsibilities under that legal circle. G Force Security has earned its name in the security industry by deploying well-trained tactical security officers to the market. Trust G Force Security to provide you with secure and safe surroundings while being within the legal circle.