Lesson 3 of 12

The Trespass to Property Act (Ontario)

Security guard handing a formal notice to a person at the entrance doors of a Canadian retail store, professional setting, realistic hi-fi photograph, natural indoor lighting
Security guard handing a formal notice to a person at the entrance doors of a Canadian retail store, professional setting, realistic hi-fi photograph, natural indoor lighting

The Trespass to Property Act (Ontario)

The Trespass to Property Act gives property owners — and their authorized agents, including security guards — the authority to:

  • Prohibit entry to any person onto private property

  • Direct a person to leave private property at any time, for any reason

  • Issue a trespass notice, formally banning an individual from returning

If a person refuses to leave after being directed, they commit a provincial offence under the TPA and may be removed by security or by police.

Quick Scenario: A person on your store's trespass ban list walks through the front door. Can you immediately arrest them for theft?

No. You may direct them to leave under the TPA — but you cannot arrest them for theft unless you personally witness them commit the offence. Being on a trespass list is not a criminal offence.