Trespass & Property Offences

Trespass & Property Offences

Quick Answer: A security guard's authority to manage who is on a property comes from Alberta's Petty Trespass Act and Trespass to Premises Act, plus the property owner/occupier as principal. The guard acts as the occupier's authorized agent — may direct a trespasser to leave and may use reasonable force to remove. Night trespassing is also a Criminal Code offence under s. 177.

Two Statutes, Plus a Criminal Code Overlap

---

The Occupier's Agent — Where a Guard's Authority Comes From

A security guard has no independent statutory authority over members of the public. On private property, the guard's authority is delegated from the property owner or occupier as their authorized agent.

• The owner/occupier sets the conditions of entry (no trespassing, no loitering, no photography, etc.).
• The guard may give directions to leave on the occupier's behalf.
• The guard may use reasonable force to remove a trespasser who refuses to leave.
• The guard may arrest under s. 494 for criminal offences committed on the property (theft, mischief, assault).

Key distinction: Trespass is a provincial offence (Petty Trespass Act / Trespass to Premises Act). It is not, by itself, a Criminal Code offence — except for night trespassing under s. 177 and break-and-enter (s. 348).

Petty Trespass Act

The Petty Trespass Act covers entry onto enclosed, cultivated, or otherwise occupied land without the occupier's consent. Typical applications for security:

• A person cuts through a fenced yard.
• A person enters a posted no-trespass property.
• A person refuses to leave after being told the occupier does not consent to their presence.

The occupier or the occupier's agent (the guard) may direct the trespasser to leave. If the trespasser refuses, reasonable force may be used to remove them, and they may be reported for the provincial offence.

Trespass to Premises Act

The Trespass to Premises Act is broader: it covers entry onto premises (which includes land, buildings, and parts of buildings) against the occupier's wishes. It explicitly authorizes the occupier or an authorized person (i.e., a security guard acting as agent) to:

• direct a trespasser to leave the premises;
• use reasonable force to remove a trespasser who refuses.

This is the everyday authority for mall, hotel, condo, and event security asking someone to leave and, if needed, escorting them out.

Reasonable Force for Removal

Force used to remove a trespasser must be reasonable in the circumstances:

• Verbal direction first — identify yourself as the occupier's agent, state that the person is trespassing, and direct them to leave.
• Escorting — a guiding hand on the elbow or shoulder, only if the person refuses to walk out.
• Physical removal — only for a resistor, and only the minimum force needed.
• Never strike, tackle, or use pain compliance on a passive trespasser.

Excessive force converts a lawful removal into an assault and exposes the guard to civil and criminal liability.

Night Trespassing — Criminal Code s. 177

Section 177 makes it a Criminal Code offence to loiter or prowl at night on or near the premises of another person without a lawful excuse. This is not a provincial trespass matter — it is a federal criminal offence, and a peace officer may arrest without warrant. Security guards who observe night prowling should observe, document, and call police rather than attempt a citizen's arrest unless they find the person committing another offence (e.g., mischief, attempted break-and-enter).

Trespass vs. Other Property Offences

Common property offences a guard may encounter:

• Mischief (s. 430) — damaging property or obstructing its lawful use.
• Break and enter (s. 348) — entering a place with intent to commit an indictable offence inside.
• Possession of property obtained by crime (s. 354) — a guard who recovers stolen merchandise should turn it over to police and document the chain of custody.

A guard's job at the scene of serious property crime is to preserve evidence, observe, and call police. Arrest is reserved for offences the guard finds committing under s. 494.

Practical Trespass Scenarios

• Aggressive panhandler in a mall vestibule — direct to leave under the Trespass to Premises Act; call police if refusal continues; do not use force beyond reasonable escorting.
• Former employee who refuses to leave after termination — treat as a trespasser; direct to leave; document; call police if needed.
• Person taking photos in a no-photography retail area — direct them to stop and leave; removal force is only justified if they refuse to leave, not for the photography itself.