18 Questions
In common law, assault is considered as a tort of:
Intention
What is necessary for an assault to take place in common law?
Actual ability to carry out the apprehended contact
In the context of security, when might handcuffs be applied to an individual?
When the person constitutes a danger to the security guard, themselves, or the general public
According to the text, under what circumstances can a private security guard make an arrest?
When he or she believes on reasonable and probable grounds that a person is on the premises in contravention of the law
What action can a private security guard take if an individual does not leave the premises immediately after being directed to do so?
The individual can be arrested
What does 'reasonable and probable grounds' refer to in the context of a private security guard's actions?
Belief based on credible information that is more likely than not to be true
What is the significance of case law in interpreting the term 'reasonable and probable grounds'?
It provides interpretations based on past criminal cases to guide the understanding of the term
Which body of law allows an injured person to obtain compensation from the person who caused the injury?
Tort law
Which body of law governs all of Canada and is printed in the Criminal Code of Canada?
Federal law
What is the maximum fine for making false statements in documents under the Ontario Youth Criminal Justice Act?
$2,000
Under what circumstances can a young person be arrested without a warrant?
To establish the young person's identity or prevent the continuation of a serious offense
What is the age range for a 'young person' as defined by the Ontario Youth Criminal Justice Act?
12 years or older but under 16
Who has the authority to designate a person as a provincial offences officer for specific offences?
The Attorney General of Ontario
Under the Residential Tenancies Act, 2006, who is considered as a 'landlord'?
Anyone entitled to possession of the residential complex
What is the definition of 'occupier' as per the Trespass to Property Act?
The person in physical possession or having control over the activities and people entering the premises
Under which circumstances can landlords and security guards enter a tenant's premises?
For repairs, showing the property to prospective renters, and in emergencies
Who has the rights and duties of an occupier for school sites as defined in the Education Act?
School board
According to the Private Security and Investigative Services Act, what is illegal for a security guard to participate in?
Eviction of a tenant
Study Notes
Ontario Legislation and Security Guards
- The Residential Tenancies Act, 2006 aims to protect residential tenants from unlawful rent increases and evictions, regulate residential rents, and resolve disputes.
- "Landlord" includes the owner of a rental unit, successors, and anyone entitled to possession of the residential complex enforcing landlord rights.
- The Provincial Offences Act replaces the summary conviction procedure for prosecuting provincial offences and distinguishes between provincial and criminal offences.
- A minister of the Crown may designate any person as a provincial offences officer for specific offences.
- Security guards are typically involved in securing commercial or industrial buildings, but may also be involved in residential disputes governed by the Residential Tenancies Act, 2006.
- Landlords, and therefore security guards working for landlords, must adhere to legislation when accessing a tenant's property.
- Landlords and security guards may enter a tenant's premises under certain circumstances such as repairs, showing the property to prospective renters, and in emergencies.
- Landlords and security guards cannot conduct random inspections or investigations on tenants' premises.
- According to the Private Security and Investigative Services Act, it is illegal for a security guard to participate in the eviction of a tenant.
- The Trespass to Property Act defines "occupier" as a person in physical possession of premises or having control over the activities and people entering the premises.
- A school board has all the rights and duties of an occupier for its school sites as defined in the Education Act.
- Trespass is an offence under the Trespass to Property Act.
Test your knowledge of Ontario's legal framework with these quizzes on the Ontario Youth Criminal Justice Act and Ontario Legislation and Security Guards. Challenge yourself with questions about criminal justice for young persons, landlord and tenant rights, and the role of security guards in upholding the law.
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