Loss Prevention Officer in Quebec Stores and Shopping Malls

A loss prevention officer works where merchandise is within arm's reach: big-box stores, pharmacies, clothing boutiques, grocery stores. A mall security guard, for their part, watches over the corridors, the entrances and the parking lot. The two posts look alike, but the day-to-day is not the same, and the rules change depending on whether you are paid by an agency or by the store itself. Here is what you need to know about the licence, the Decree, shoplifting, cameras and the incident report.

This article is for information purposes and is not legal advice. For a specific situation, follow your employer's written directives or consult a lawyer.

What is the difference between a uniformed guard and a plainclothes officer?

In retail, there are two ways of working:

The uniformed guard reassures customers and discourages theft before it happens. The plainclothes officer, often called a loss prevention officer, blends in with customers to spot suspicious behaviour. In both cases, the power is the same: that of a citizen. Plain clothes give no extra power, and neither does the uniform.

Do you need a BSP licence when you work directly for the store?

Yes, in most cases. The Private Security Act defines security guarding as watching or protecting persons, property or premises “mainly to prevent crime” (s. 1). Section 16 requires the person who carries on this activity, as well as their immediate superior, to hold an agent licence.

The same section provides a nuance: when you work exclusively for an employer whose business is not private security, the licence is required only if security is your main activity.

The frequently asked questions of the Bureau de la sécurité privée (BSP), Quebec's private security regulator, give the example of a retail business that employs loss prevention officers: the business does not need an agency licence, since security is not its activity, but the officers in its service must hold an agent licence. The steps are detailed on our page on the BSP security guard licence.

Does the Decree apply if the store is the one paying you?

Generally not. The Decree respecting security guards covers “security agencies and their employees” (s. 2.02). Its section 2.03 excludes, among others, in paragraph 5, employees “who carry out security work exclusively for their employer’s own service or needs”.

• Agency guard placed in a store or a mall: the Decree applies, with its minimum rates and premiums. See our article on the security guards' Decree explained.
• Officer employed directly by the business for its own needs: the Decree does not apply. Pay is governed by the employment contract, a collective agreement if there is one, and labour standards.

Paragraph 7 of section 2.03 also excludes employees who work in the operations of a parking lot, unless they watch or protect persons, property or premises mainly to prevent theft, fire and vandalism.

Shoplifting: when can a security guard arrest someone?

A security guard has only the citizen's power of arrest, set out in section 494 of the Criminal Code. Subsection (2) is the one that counts in a store: the owner of property, or a person the owner authorizes, may arrest without warrant someone they find committing a criminal offence on or in relation to that property. The arrest can also be made within a reasonable time after the offence, if they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest. Under subsection (3), the person arrested must be delivered “forthwith” to a peace officer.

In loss prevention, the cautious practice rests on continuous observation: having seen the person take the item, conceal it and go past the checkouts without paying, without having lost sight of them. A mere suspicion is not enough. The conditions, the use of force and handcuffs are explained in detail in our article on citizen's arrest and the powers of a security guard.

What should you not do when facing a shoplifter?

• Search by force. The Criminal Code gives the guard no general power to search. You can ask the person to return the item or open their bag, without forcing them to. If they refuse, you wait for the police.
• Chase into the parking lot or the street. A chase between cars endangers the guard, the suspect and the customers. It can also take you off the property you are protecting, while section 494(2) covers offences committed on or in relation to that property. It is better to note the description, the direction and the vehicle, then call the police.
• Hold the person to “settle it” with the manager, or release them in exchange for payment. Section 494(3) requires delivering them forthwith to a peace officer.
• Use more force than necessary, humiliate the person in front of customers or question them to obtain a confession.

Always follow your employer's written policy: many businesses forbid any physical contact and ask only that you observe, take notes and call the police.

Cameras and personal information: what are the rules?

Camera images that make it possible to identify someone are personal information. The Commission d'accès à l'information (CAI) points out that personal information is information that makes it possible to identify a person, “directly or indirectly”, and that it is confidential.

The Act respecting the protection of personal information in the private sector governs the business that collects it:

• it must determine, before the collection, the purposes for which it collects this information (s. 4)
• it must collect only the information necessary for those purposes, by lawful means (s. 5)
• a person can ask the business to confirm the existence of information concerning them and to obtain a copy of it (s. 27).

For the guard, this translates into simple actions: look at the images for work only, never film them with your phone, do not publish them or show them to third parties, and hand over any copy according to the employer's procedure (to the police, for example, on request).

What should the incident report contain after a theft?

A shoplifting incident, an arrest or even a simple stop ends with a written report. It must be factual: date and time, exact location, description of the person, what you saw yourself (and what was reported to you, separately), the items involved, the actions taken, the time of the call to the police and the event number, the witnesses and the images kept. Our security guard incident report template gives you a ready-made structure.

What is the work like in a shopping mall?

In a mall, the guard is most often in uniform and covers a much larger territory than a single store:

• Patrol of the corridors, food courts, public washrooms, loading docks and emergency exits
• Parking lot: rounds on foot or by vehicle, vehicles left with the engine running, minor accidents, escorting employees to their car at closing
• First aid and alarms: people feeling unwell, falls, fire alarms, evacuation
• Lost children and vulnerable people: a disoriented senior, a person in crisis, a person experiencing homelessness who is looking for a warm place.

With a vulnerable person, you first ask whether they need help, you call emergency services if there is a risk to their health, and you apply the mall's rules with respect.

If the post interests you, see our listings and tips for finding a security guard job and our security guard resume template.

Frequently asked questions

What is the role of a loss prevention officer?

In Quebec, a loss prevention officer is a store's plainclothes officer, who observes discreetly and witnesses thefts. The officer's typical post is the sales floor or the camera room, and their reports cover theft reports, internal investigations and loss tracking. The officer has only a citizen's power of arrest, set out in section 494 of the Criminal Code.

Does a plainclothes loss prevention officer have more powers than a uniformed guard?

No. Both have the same power of arrest, that of any citizen under section 494 of the Criminal Code. Plain clothes only serve to observe without being noticed.

My employer is a store chain: am I entitled to the Decree's rates?

In general, no. Section 2.03, paragraph 5, of the Decree excludes employees who do security work exclusively for their employer's own needs. The Decree covers security agencies and their employees.

Can a customer be forced to open their bag at the store exit?

No. The guard can ask, but the person can refuse. A search carried out by force could be considered assault. If you saw a theft, the course to follow is a citizen's arrest and a call to the police, who will decide on the search.

Sources

• Private Security Act (CQLR, c. S-3.5), sections 1 and 16 – LégisQuébec
• Frequently asked questions – Bureau de la sécurité privée
• Decree respecting security guards (CQLR, c. D-2, r. 1), sections 2.02 and 2.03 – LégisQuébec
• Criminal Code, section 494 – Justice Canada
• Loi sur la protection des renseignements personnels dans le secteur privé (CQLR, c. P-39.1), sections 4, 5 and 27 – LégisQuébec
• Qu'est-ce qu'un renseignement personnel? – Commission d'accès à l'information du Québec