Shoplifting: the law and what a security guard can do

Shoplifting of $5,000 or less carries a maximum of two years in prison under section 334 of the Criminal Code (text up to date as of September 30, 2026), or a summary conviction penalty of up to a $5,000 fine and two years less a day in prison. What the law provides for the thief, what the security guard can do in a store and what they must never do: here are the essentials. The job itself is described in our article on the loss prevention officer in retail stores and shopping centres.

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

What the Criminal Code calls theft

The Criminal Code has no offence called "shoplifting". It is ordinary theft, defined in section 322: taking a thing fraudulently and without colour of right, with intent to deprive its owner of it.

Three details of section 322 matter in a store:

• theft is committed as soon as the person, with intent to steal, moves the thing or begins to cause it to become movable (subs. 2)
• a taking can be fraudulent even if it is done openly, without hiding anything (subs. 3)
• the intent to deprive the owner can be permanent or temporary (subs. 1)

For the guard, the consequence is practical. Hiding an item does not, on its own, prove an intent to steal. A customer who slips an item into a personal bag can still pay for it at the checkout. The Service de police de la Ville de Montréal (SPVM) describes shoplifting as entering a store lawfully, then taking merchandise without paying for it.

Penalties for shoplifting

Section 334 of the Criminal Code sets the penalty according to the value of what was stolen.

These are maximums. The law sets no base fine for shoplifting. The choice between indictment and summary conviction belongs to the prosecutor. The sentence belongs to the judge.

Criminal record and non-judicial treatment

A conviction for theft leaves a criminal record. In Quebec, however, an adult can avoid charges through the Programme de traitement non judiciaire de certaines infractions criminelles commises par des adultes (non-judicial treatment of certain criminal offences committed by adults), applied by the Directeur des poursuites criminelles et pénales (DPCP, Quebec's prosecution service) under its directive NOJ-1.

• Theft not exceeding $5,000 is among the examples of offences that could be eligible, according to Québec.ca (updated October 20, 2025).
• A person with a criminal record for a similar offence is excluded. So is a person who benefited from an alternative justice measure in the last five years.
• If the prosecutor accepts, the person receives a warning letter and the case is not prosecuted.
• The decision rests entirely with the prosecutor.

The security guard has no role in this choice. Their incident report, however, is part of the investigation file the police send to the prosecutor.

A teenager who shoplifts

The Youth Criminal Justice Act applies to young people aged 12 to 17 (s. 2). Before starting proceedings, a police officer must consider whether it would be better to take no further action, give a warning, administer a caution or refer the young person to a community program, with their consent (s. 6). For a non-violent offence committed by a young person with no previous finding of guilt, the law presumes these measures are adequate (s. 4).

For the guard, nothing changes in the procedure: you call the police. They choose the measure.

What the security guard can do

The security guard has only the citizen's power of arrest, set out in section 494 of the Criminal Code. Subsection 2 covers the store: the owner of property, a person in lawful possession of it and the persons they authorize may arrest without a warrant a person they find committing a criminal offence on or in relation to that property.

• In the act. The arrest is made at the time of the offence (s. 494(2)(a)).
• Within a reasonable time. It can also be made shortly after, if the guard believes on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest (s. 494(2)(b)).
• Deliver forthwith to the police. The person arrested must be delivered "forthwith" to a peace officer (s. 494(3)).
• Only the force necessary. Section 494(4) refers to section 25, which protects a person who uses as much force as is necessary on reasonable grounds. Section 26 makes them responsible for any excess.

The conditions of an arrest, force and handcuffs are covered in detail in our article on citizen's arrest and a security guard's powers. Many stores go further than the law and prohibit any physical contact. The employer's written policy then applies.

What the security guard must not do

• Arrest on mere suspicion. Section 494(2) requires finding the person committing the offence.
• Search by force. No law gives the guard a general power to search. They can ask the person to open their bag. The person can refuse.
• Hold the person to "settle it". A deal with the manager, a payment in exchange for release or a long wait without calling the police goes against section 494(3).
• Pursue outside the store. Section 494(2) covers offences committed on or in relation to the protected property. Beyond it, the guard has only the power of arrest that section 494(1) gives to anyone.
• Question to obtain a confession, humiliate or threaten.

In its page on thefts from businesses, the SPVM asks the victim of a theft to call 911 immediately. The witness then gives the thief's description and the direction they fled.

The report after a shoplifting incident

Every theft ends with a written, factual report: date, time, exact location, description of the person, what you saw yourself, the items involved, the actions taken, the time of the call to the police, the event number, the witnesses and the footage kept. Our security guard incident report template gives a ready-made structure.

Frequently asked questions

What is the penalty for shoplifting in Quebec?

The Criminal Code applies everywhere in Canada. For a theft of $5,000 or less, the maximum penalty is two years in prison by indictment (s. 334(b)). By summary conviction, the maximum is a $5,000 fine and two years less a day in prison (s. 787). The judge sets the sentence according to the circumstances.

What is the fine for shoplifting?

No fixed fine is set. By summary conviction, the fine can go up to $5,000, under section 787 of the Criminal Code up to date as of September 30, 2026. The actual amount depends on the judge and the case.

What is shoplifting?

It is the theft of merchandise in a store the person entered lawfully. The Criminal Code treats it as ordinary theft, defined in section 322. Theft is committed as soon as the person moves the item with intent to steal it.

What are the consequences of shoplifting?

An arrest, then a file sent to the prosecutor. A conviction leaves a criminal record. An adult with no record for a similar offence may be eligible for the DPCP's non-judicial treatment program, which can cover theft not exceeding $5,000. For a young person aged 12 to 17, the police officer must first consider a warning or a referral to a program.

What is a security guard not allowed to do?

A security guard cannot search a person by force, arrest them on mere suspicion or hold them without calling the police. They must deliver the person arrested forthwith to a peace officer (s. 494(3) of the Criminal Code). They may use only the force necessary (ss. 25 and 26).

What is the salary of a store security guard?

A guard placed in a store by an agency is entitled to the minimum rate of the Decree respecting security guards: $20.60 an hour in Class A since June 28, 2026 (s. 4.07). A guard hired directly by the store for its own needs is not covered by the Decree (s. 2.03, para. 5). Their salary then depends on their contract or collective agreement.

Sources

• Criminal Code, s. 322 (Justice Canada)
• Criminal Code, s. 334 (Justice Canada)
• Criminal Code, s. 787 (Justice Canada)
• Criminal Code, s. 494 (Justice Canada)
• Criminal Code, s. 25 (Justice Canada)
• Youth Criminal Justice Act, ss. 2, 4 and 6 (Justice Canada)
• Traitement non judiciaire de certaines infractions criminelles commises par des adultes (Québec.ca, in French)
• Vol dans un commerce (Service de police de la Ville de Montréal, in French)
• Decree respecting security guards (CQLR, c. D-2, r. 1), ss. 2.03 and 4.07 (LégisQuébec)