Use of force by security guards in Quebec: what the law allows

A reader wrote to us with his way of restraining a person who physically attacks a guard. The question behind his suggestion comes up often: how far can a security guard go when things turn violent? This article answers with the legal texts. You will not find any hold or technique here. You will find what the law allows, what it forbids and what you risk if you go too far.

This article grew out of a suggestion from a reader, Mr. G. Our thanks to him for taking the time to write. Have an idea? Send it from your profile.

Does a security guard have the right to use force?

Yes, but no more than any other citizen. Section 3 of the Private Security Act is clear: no provision of that Act may be construed as granting the status of peace officer to the holder of an agent licence. The uniform and the licence give you none of a police officer's powers.

Your rights come from the Criminal Code, which sets out four situations where a person may use force:

In all four cases, the same word returns: necessary, or reasonable. The law gives no list of permitted moves. It judges each situation afterwards, according to the circumstances.

How much force is allowed during an arrest?

Section 494 allows any person to arrest without warrant someone they find committing an indictable offence. It also allows the owner of property, and a person the owner authorizes, to arrest someone they find committing a criminal offence on that property. This is what covers the guard mandated by the client.

Section 25 adds that a person authorized by law to do something is justified, if they act on reasonable grounds, in using "as much force as is necessary for that purpose". The purpose is the arrest. Nothing more. Three limits follow at once:

• section 26 makes the person criminally responsible for any excess of force
• subsection 25(3) forbids force that is intended or likely to cause death or grievous bodily harm, unless it is necessary to protect yourself, or a person under your protection, from death or grievous bodily harm
• subsection 494(3) requires anyone other than a peace officer to deliver the arrested person to a peace officer "forthwith".

The conditions of the arrest itself are detailed in our article on citizen's arrest and the powers of a guard.

What does the law say about self-defence?

Section 34 of the Criminal Code sets three conditions, and all three must be met. A person is not guilty if:

• they believe on reasonable grounds that force is being used against them or another person, or that a threat of force is being made
• they act for the purpose of defending or protecting themselves or the other person
• the act committed is reasonable in the circumstances.

The third condition is where most defences fail. To decide it, the court must consider several factors, listed in subsection 34(2). Here are the main ones:

• the nature of the force or threat
• the extent to which the use of force was imminent, and whether there were other means available to respond
• the person's role in the incident
• whether any party used or threatened to use a weapon
• the size, age, gender and physical capabilities of the parties
• the nature and proportionality of the person's response.

Keep two expressions from that list. "Other means": if you could step back, close a door or wait for backup, the judge will know. "Proportionality": the response is measured against the threat, not against your anger. Defending yourself never means punishing. Our article on guards assaulted at work explains your recourse once the incident is over.

Can force be used to protect the client's property?

Section 35 provides for it, on strict conditions. It protects the person in peaceable possession of property, and also the person who is "acting under the authority of" that person. That is your case when the client entrusts you with guarding the premises. Someone must be entering without being entitled to, taking the property or damaging it, your act must be aimed at preventing that, and, once again, the act must be reasonable in the circumstances.

Section 27, for its part, allows as much force as is reasonably necessary to prevent an offence, but only if two conditions are met: the offence is one for which the person could be arrested without warrant, and it would be likely to cause immediate and serious injury to the person or property of anyone.

In plain terms: a stolen pack of gum does not justify taking someone to the ground. No property is worth a serious injury, yours or the other person's.

Why does this article show no restraint technique?

A hold read on a screen is dangerous. An arm lock followed by a takedown can injure a shoulder, an elbow or a head. It can also go wrong for you. Above all, no technique is "the right one" in advance: the law does not judge the move, it judges whether it was necessary and reasonable that day, with that person.

A physical intervention technique is learned with an instructor, by practising, and then relearned. That is not the role of an article. The Department of Justice Canada sums up the rule for any citizen making an arrest: avoid using force, if at all possible, and use it to the minimum possible otherwise.

The reader who wrote to us ended his message with the right principle: force is only for when it is necessary. That is exactly what the law says. Before it comes to that, there is your voice, distance and backup: see our article on de-escalation with an aggressive client.

What does a guard who goes too far risk?

Four things, which can add up.

A detail people forget: under subsection 265(3), a person who submits or does not resist by reason of "the exercise of authority" has not consented. A uniform alone does not obtain valid consent.

Handcuffs, baton, pepper spray: what is allowed?

• A spray designed to incapacitate a person (tear gas, Mace and similar products) is a prohibited weapon under the federal regulation on prohibited weapons. The same goes for a small electrical impulse device. Possessing a prohibited weapon without being authorized is an offence punishable by up to 5 years in prison (section 91 of the Criminal Code). We found no exception for security guards in the texts we consulted
• A firearm requires federal authorization. The Decree provides a premium of $2.50 an hour for a guard working with a firearm, and the training regulation requires, for the transport of valuables, training on the handling of firearms and the use of force provided by the École nationale de police du Québec or an instructor qualified by that school
• Handcuffs and batons: the Private Security Act allows the government to regulate the equipment of guards, but we found no Quebec regulation that does so. That silence is not permission. Handcuffing someone is using force, with all the limits described above. The Criminal Code also counts as a "weapon", for the offence of assault with a weapon, any thing used in binding or tying up a person against their will. As for the baton, the texts we read do not settle the question for every model.

When in doubt, the practical rule is simple: carry only the equipment your employer has issued to you in writing, and trained you to use.

What use-of-force training exists?

The mandatory 70-hour training has three modules according to the BSP: environment, functions, legislation and standards of conduct (30 hours), emergency procedures (24 hours) and first aid (16 hours). No module deals with the use of force as such.

The Decree, however, recognizes one specific training. The P-8 premium, of $2.00 an hour, is paid to a guard who works in the judicial or extra-judicial sector and who, during the 2 preceding years, underwent use-of-force training of at least 20 hours, given by an instructor recognized by the Association provinciale des agences de sécurité. It is also paid to a guard working in another sector when the customer requires that training.

Who pays for the course? The Decree puts training required by the employer or the customer at the employer's expense, unless its purpose is to qualify the guard for work that gives entitlement to a premium. Ask before you sign up. The details of the premiums are in our article on the Decree premiums.

What are the employer's obligations?

The Act respecting occupational health and safety requires the employer to take the measures to ensure the protection of a worker exposed to physical or psychological violence in the workplace (section 51, paragraph 16). The CNESST, Quebec's labour standards and workplace safety board, asks the employer among other things to define a procedure for safe intervention and to train workers on how to respond to a situation of violence.

Ask to see that procedure. It should say when to step in, when to step back and who to call.

The employer and the client also have a line not to cross. Under section 118 of the Private Security Act, any person who orders or advises, or who issues a directive or policy, causing an agent licence holder to violate a standard of conduct is guilty of an offence and liable to a fine of $500 to $5,000. An instruction like "get him out by any means" does not cover you, and it exposes the person who gives it.

What should you remember before, during and after an intervention?

• Before: know your site's procedure, keep your distance and a calm voice, call for backup early
• During: force is the last resort, only what is needed, and it stops as soon as the threat stops
• After an arrest: call the police right away and hand the person over without delay
• Afterwards: write your incident report the same day, with the facts, times and witnesses, and report any injury to your employer.

This article is general information, not legal advice. If you are the subject of a complaint or a charge, consult a lawyer or your union before making a statement.

Frequently asked questions

What powers does a security guard have?

In Quebec, a security guard has the powers of a citizen, not those of a police officer. Section 3 of the Private Security Act states that no provision of that Act may be construed as granting the status of peace officer to the holder of an agent licence. A guard's rights come from the Criminal Code: making an arrest allowed by section 494, defending themselves or another person (section 34), protecting property in their care (section 35) and preventing a serious offence (section 27), always with force that is necessary and reasonable in the circumstances. The conditions of the arrest are in our article on citizen's arrest.

What is a security guard not allowed to do?

In Quebec, a security guard is not allowed to use greater force than is necessary. Section 26 of the Criminal Code makes the guard criminally responsible for any excess of force, and the regulation on standards of conduct forbids it as well (section 3). A guard is also not allowed to confine someone without lawful authority, or to keep an arrested person: subsection 494(3) requires the guard to deliver that person to a peace officer "forthwith". The full list, including searching by force and presenting yourself as a police officer, is in our article on citizen's arrest and the powers of a guard.

Sources

• Criminal Code (R.S.C. 1985, c. C-46), Justice Canada: section 25, section 26, section 27, section 34, section 35, section 494, sections 265, 266, 267, 279, 2 (definition of "weapon"), 84 and 91 (Act current to September 21, 2026).
• Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (SOR/98-462), schedule, Part 3, Justice Canada.
• What You Need to Know About Making a Citizen's Arrest, Department of Justice Canada.
• Private Security Act (CQLR, c. S-3.5), sections 3, 30, 73, 111 and 118, LégisQuébec (up to date as of August 12, 2026).
• Regulation respecting standards of conduct of agent licence holders carrying on a private security activity (CQLR, c. S-3.5, r. 3), section 3, and Règlement sur la formation exigée pour l'obtention d'un permis d'agent (CQLR, c. S-3.5, r. 2), section 1, LégisQuébec.
• Decree respecting security guards (CQLR, c. D-2, r. 1), sections 1.01 and 4.07, LégisQuébec (up to date as of June 1, 2026).
• Civil Code of Québec, articles 1457 and 1463, and Act respecting occupational health and safety (CQLR, c. S-2.1), section 51, LégisQuébec.
• Required training and Lodging a complaint, Bureau de la sécurité privée.
• Violence en milieu de travail, CNESST.