Under the Trespass to Property Act, a private person must deliver an arrested individual to the police.

Outline in brief

• Lead with the core answer and why it matters in Ontario security work

• Break down what the Trespass to Property Act actually requires

• Map out practical steps for private security when detaining someone

• Tie the legal requirement to real-world security testing and incident response

• Wrap with key takeaways and quick references

Now, the full article

Here’s the thing that often trips people up on the floor: if a private person detains someone on property, who do you hand them over to? In Ontario, the answer is simple and important to get right—the police. The law is clear: private individuals can detain when it’s necessary, but the handoff has to be to the people who can process the situation legally and safely. For security practitioners, that means a well-rehearsed rhythm when something goes south: observe, document, call for back-up, and let trained officers take it from there.

What the act actually says, in plain language

Let’s break it down without the legal jargon getting in the way. The Trespass to Property Act gives private persons a factual, constrained ability to detain someone on property they own or control if they have a reasonable belief that an offence related to trespass or another criminal act is occurring. But here’s the crucial connection to your role: the law doesn’t authorize private individuals to arrest in the full sense of police powers. It authorizes detention, with the expectation that the police arrive and assume responsibility.

Why the police, not the manager or a supervisor, take custody

You’ll hear questions like: “Couldn’t the store manager just hold a suspect until the police arrive?” It’s a natural thought, especially in a busy retail environment. The answer, legally and practically, is that the manager acts as a private citizen with a specific duty to detain only insofar as the law allows and the situation warrants. The responsibility to arrest and process a person, including the proper chain of custody and rights protections, rests with law enforcement. In short: the private person can detain briefly and observe, but the police must take custody and complete the formal process.

This distinction isn’t just academic. It shapes how you train a security team, how you document incidents, and how you respond in the moment. If you try to “do the arrest” yourself, you risk misapprehending rights, escalating risk, or creating liability. The safer, wiser path is clear: detain if reasonable, inform authorities, and ensure a clean transfer of responsibility.

What this means for hands-on security work

Let me explain with a practical frame you can take to the floor, the hallway, or the shop floor.

• Know your authority and your limits: You’re there to deter, observe, report, and, if needed, detain briefly while protecting people and property. You’re not a substitute for police powers.

• Prioritize safety: Your first job is to keep yourself and others safe. Avoid unnecessary force. If a detainee becomes violent or poses an immediate threat, call for police and, if trained, use de-escalation techniques.

• Document everything: Time, location, who you detained, what you observed, and why you believed an offence occurred. Record descriptions of clothing, vehicles, distinguishing marks, and any statements made. This isn’t gossip; it’s your chain of evidence.

• Secure the scene without escalating: Keep bystanders away, preserve any potential evidence, and avoid moving the person unless there’s an imminent danger that requires you to reposition them.

• Respond with a clear handoff: When police arrive, provide a concise briefing. Share your observations, the chain of detention, and any relevant evidence. Let the officers take custody and ask questions later.

• Respect rights throughout: People have rights, even when accused of something. Your role is to ensure those rights are not inadvertently trampled in the heat of the moment.

A few common scenarios to ground this

Retail environments aren’t the same as a courtroom, but the principles hold.

• Suspected shoplifting: You notice a person concealing items, follow from a safe distance, and unobtrusively alert staff and security. If you choose to escort them briefly to a back room or a controlled area, keep it calm and nonthreatening, and call for police if the situation doesn’t resolve quickly.

• Unauthorised access in a workplace: An individual who doesn’t belong on site is a risk to safety. Your approach is similar—detain momentarily if safe, document, and request police assistance as needed.

• Potential criminal activity outside business hours: If someone is on premises after hours and refuses to leave, you can request them to depart and, if they don’t, contact authorities. Do not confront or detain indefinitely.

Tying it back to security testing and incident response

If you’re studying topics in Ontario security testing contexts, think of this as a live example of incident response in practice. Here’s how it aligns with a robust security toolkit:

• Incident response workflow: Detect > assess > escalate > document > hand off. Detentions are a tiny, real-world test of how smoothly your chain of command and procedures function.

• Communication protocols: Clear, recorded communication with local authorities matters. Your protocol should specify who calls police, what information to share, and how to log the incident in a central system.

• Evidence handling and chain of custody: When a private person is involved, you’re implicitly creating the earliest links in the chain of custody. Secure notes, preserve video if available, and avoid contaminating evidence with personal opinions.

• Risk assessment considerations: The decision to detain, the length of detention, and the method of transfer are all risk-based choices. A good security program trains teams to weigh safety, rights, and legal constraints in each situation.

• Training and drills: Regular drills help teams rehearse the detainment-to-hand-off sequence. You want the transition to police to feel like a well-practiced routine, not a chaotic scramble.

The role of law and policy in a modern security landscape

Security work isn’t just about cameras and access control. It’s a blend of prevention, response, and compliance. The Ontario context emphasizes that private security professionals are a first line of contact, not the final authority. This distinction guides how you write procedures, how you train, and how you communicate across shifts.

A few practical takeaways for students and future professionals

• Remember the core rule: private detentions exist, but hand custody to police.

• Keep the person’s rights in view; protect both individuals and your organization from legal missteps.

• Build your SOPs (standard operating procedures) so detentions are time-boxed, documented, and escalated promptly.

• Foster a culture of calm, professional escalation. Panic helps no one; clear, controlled actions protect people and property.

• Integrate legal awareness into your training. You don’t need to be a lawyer, but you should know where to turn for guidance and how to document properly.

A quick look at references you can consult

• Ontario Trespass to Property Act (R.S.O. 1990, c. T.21): the foundational rule set for detentions and the lawful distribution of custody.

• Local police service guidance or joint security guidelines: many departments offer resources for private security personnel on best practices for detentions and hand-offs.

• Industry training materials on incident reporting and evidence handling: these help ensure your notes and any collected materials are usable in investigations.

Closing thought, with a touch of practicality

If you’ve ever watched a scene where a dispute is defused and a suspect is calmly handed over to police, you’ve seen the right choreography in action. It’s not about posturing or bravado; it’s about doing the right thing at the right time. In Ontario, the law makes the path clear: detain when reasonable, get help fast, and deliver the person to the police, who will carry the process forward in a fair and lawful way. For students exploring security topics, that sequence is a compact blueprint of how legal awareness and operational readiness come together on the ground.

If you’re curious about applying this in your own learning or in a hypothetical security assessment, try mapping a few everyday situations to this framework. What signals would you rely on to decide if a detainment is reasonable? What details would you record? Who would you contact first? The answers aren’t just academic—they shape safer workplaces and clearer, more compliant practices for real world security work in Ontario.