Under s. 494(1) of the Criminal Code, a private citizen may arrest a person without a warrant if they find that person in the act of committing which type of offence?
Based on: Criminal Code s. 494(1) Arrest without warrant by any person
Ontario Private Investigator Test · Arrest & Force
Citizen's Arrest and Use of Force for Ontario PIs 2026: The Criminal Code Limits
A private investigator in Ontario holds no special arrest power. They rely on the same Criminal Code provisions as any member of the public. Under s. 494(1), any person may arrest without warrant someone they find committing an indictable offence, and s. 494(2) gives a property owner or authorized person a broader power over criminal offences on or in relation to that property. After a citizen's arrest, s. 494(3) requires the person to deliver the arrested individual to a peace officer forthwith. Force is tightly limited by s. 25 to s. 27.
Practice
Free practice questions
A private citizen observes a stranger fleeing the scene of what the citizen reasonably believes was a criminal offence. The stranger is being chased by persons with lawful arrest authority. Under s. 494(1), what additional condition must the citizen satisfy before arresting that stranger without a warrant?
Based on: Criminal Code s. 494(1) Arrest without warrant by any person
Under s. 494(1)(b), for the fresh-pursuit branch of the citizen's arrest power to apply, who must be doing the pursuing?
Based on: Criminal Code s. 494(1) Arrest without warrant by any person
A store owner catches a customer committing shoplifting (a criminal offence) inside the store. An hour later the owner locates the suspect in a nearby parking lot. Under s. 494(2), which condition would permit the owner to arrest that person at that later time without a warrant?
Based on: Criminal Code s. 494(2) Arrest by owner of property
Under s. 494(2), which persons are authorized to arrest a person found committing a criminal offence on or in relation to property?
Based on: Criminal Code s. 494(2) Arrest by owner of property
Under s. 494(2), what is the scope of the criminal offence that triggers the property-owner arrest power?
Based on: Criminal Code s. 494(2) Arrest by owner of property
After making a warrantless arrest under s. 494, what must a private citizen (who is not a peace officer) do with the person they have arrested?
Based on: Criminal Code s. 494(3) Delivery to peace officer
Under s. 494(3), the obligation to deliver an arrested person to a peace officer applies to which category of arresting person?
Based on: Criminal Code s. 494(3) Delivery to peace officer
Under s. 25(1) of the Criminal Code, when is a person who is authorized by law to do something in the administration or enforcement of the law justified in using force?
Based on: Criminal Code s. 25 Protection of persons enforcing the law
Section 25(1) extends its protection to persons acting in the administration or enforcement of the law. Which of the following roles is explicitly included in that section?
Based on: Criminal Code s. 25 Protection of persons enforcing the law
Citizen's arrest under section 494
Section 494(1) is the core power for anyone who is not a peace officer. Under s. 494(1)(a), any person may arrest without warrant a person whom they find committing an indictable offence. The power does not reach summary or provincial offences, so the type of offence matters. Section 494(1)(b) adds a fresh-pursuit branch: a person may arrest someone they believe on reasonable grounds has committed a criminal offence and is escaping from and being freshly pursued by persons who have lawful authority to arrest that person. The pursuit must be by persons with lawful arrest authority, not merely by witnesses or the victim. Section 494(2) gives a wider power to the owner or a person in lawful possession of property, or a person authorized by them, to arrest a person found committing a criminal offence on or in relation to that property. It is not a general public power; it is tied to the property and the persons connected to it.
- Any person may arrest someone found committing an indictable offence, per s. 494(1)(a).
- The fresh-pursuit branch requires pursuit by persons with lawful arrest authority, per s. 494(1)(b).
- A property owner or authorized person may arrest for any criminal offence on or in relation to that property, per s. 494(2).
- The arrested person must be delivered to a peace officer forthwith, per s. 494(3).
The property-owner power and its timing
Section 494(2) is broader than the general citizen's arrest in one respect and narrower in another. It is broader because it reaches any criminal offence committed on or in relation to the property, not just indictable offences. It is narrower because only the owner, a person in lawful possession of the property, or a person authorized by either of them may use it. The timing is also more flexible than people assume. Under s. 494(2)(b), the arrest may be made within a reasonable time after the offence if the person believes on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest. So a store owner who catches a shoplifter and locates them shortly afterward in the parking lot may still make the arrest, provided the reasonable-grounds and feasibility conditions are met. In every case, s. 494(3) requires anyone other than a peace officer who makes a warrantless arrest to deliver the person to a peace officer forthwith, meaning immediately.
Use of force and the cost of excess
Force is where private investigators get into legal trouble, and s. 25 to s. 27 set the limits. Under s. 25(1), a person who is authorized by law to do something in the administration or enforcement of the law is justified in using force only if they act on reasonable grounds and use only as much force as is necessary for that purpose. Section 25(1) expressly covers a private person acting in aid of a peace officer or public officer, among other capacities. The counterweight is s. 26: if a person authorized to use force uses more than is necessary, they are criminally responsible for the excess according to the nature and quality of the act that constitutes the excess. Good faith is no defence to excess. Section 27 permits force to prevent an offence, but only where the offence is one for which a person could be arrested without warrant and one that would be likely to cause immediate and serious injury to the person or property of anyone, and only as much force as is reasonably necessary to prevent it. The same section extends to preventing something a person believes on reasonable grounds would constitute such an offence, so it can apply to a threatened act.
Self-defence and defence of property
Two further Criminal Code provisions round out what a private investigator must understand. Section 34 sets out defence of the person. A person is not guilty on the basis of self-defence only if all three conditions are met: they believe on reasonable grounds that force or a threat of force is being used against them or another person; the act is committed for the purpose of defending or protecting themselves or that other person; and the act is reasonable in the circumstances. These are conjunctive, so all three must hold. Section 35 governs defence of property, providing a separate justification directed at protecting property in the circumstances that section describes. Neither provision hands a private investigator any authority beyond that of an ordinary person, and both turn on reasonableness. For contrast, a peace officer has broader arrest powers under s. 495(1) that a private investigator does not share. Keeping that gap in mind is central: the private investigator's toolkit is the citizen's toolkit, bounded by reasonableness and by the duty to hand a person over to police forthwith.
| Point | Any person (s. 494(1)) | Property owner (s. 494(2)) | Peace officer (s. 495(1)) |
|---|---|---|---|
| Offence that triggers the power | Indictable offence found being committed | Any criminal offence on or in relation to the property | Broader powers under s. 495(1) |
| Who may exercise it | Any person | Owner, lawful possessor, or their authorized person | A peace officer |
| Timing | At the time it is found being committed | Within a reasonable time, if police arrest not feasible | As provided by s. 495(1) |
| Must deliver to a peace officer forthwith | Yes, s. 494(3) | Yes, s. 494(3) | Not applicable, is the peace officer |
| Available to a private investigator | Yes | Yes, if owner or authorized | No |
FAQ
Frequently asked questions
Can a private investigator in Ontario make an arrest?
In Ontario, a private investigator has no special arrest power and relies on the Criminal Code like any member of the public. Under s. 494(1), any person may arrest without warrant a person they find committing an indictable offence, and under s. 494(3) they must deliver that person to a peace officer forthwith. A property owner or authorized person has a broader power under s. 494(2).
How much force can an Ontario PI use during an arrest?
Under Criminal Code s. 25(1), a person acting in the enforcement of the law is justified in using force only if they act on reasonable grounds and use no more force than is necessary. Section 26 makes a person criminally responsible for any excess force according to the nature and quality of the act, and good faith is not a defence to that excess.
Can a store owner arrest a shoplifter later, not at the scene?
Yes, within limits. Under Criminal Code s. 494(2), the owner or a person in lawful possession of property may arrest a person for a criminal offence on or in relation to that property within a reasonable time after the offence, if they believe on reasonable grounds that it is not feasible for a peace officer to make the arrest. The person must still be delivered to police forthwith under s. 494(3).
When can an Ontario PI claim self-defence under the Criminal Code?
Under Criminal Code s. 34, self-defence requires three conditions together: a reasonable belief that force or a threat of force is being used against the person or another; an act done for the purpose of defending or protecting them; and an act that is reasonable in the circumstances. All three must be present, and the same reasonableness standard applies to defence of property under s. 35.