Private Security and Investigative Services Act, 2005, S.O. 2005, c. 34 - Bill 159

• Jurisdiction: Ontario
• Bill Number: 159
• Date: 15 December 2005

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 159 and does not form part of the law. Bill 159 has been enacted as Chapter 34 of the Statutes of Ontario, 2005.

The Bill replaces the Private Investigators and Security Guards Act. It regulates private investigators, security guards and those who are in the business of selling the services of private investigators and security guards.

Licensing requirements are imposed and procedures are put in place for revoking and suspending licences, subject to appeal provisions.

Offences and regulatory requirements are provided for, as is a process for dealing with complaints from the public.

The Minister may make regulations setting out a code of conduct for private investigators and security guards.

chapter 34

An Act to revise the
Private Investigators and
Security Guards Act and to make a
consequential amendment to the
Licence Appeal Tribunal Act, 1999

Assented to December 15, 2005

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PArt i
interpretation and application

Definitions

1. In this Act,

“business entity” includes a corporation, partnership or sole proprietorship; (“entreprise”)

“employee” includes a person, whether or not employed under a contract of employment, who performs work or services for another person for remuneration on such conditions that he or she is in a position of economic dependence upon, and under an obligation to perform duties for, that person more closely resembling the relationship of an employee than that of an independent contractor; (“employé”)

“licensee” means an individual or business entity that holds a licence under this Act, and “licensed” has a corresponding meaning; (“titulaire de permis”)

“Minister” means the member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“provincial offence” means an offence under an Act of the Legislature or under a regulation made under the authority of an Act of the Legislature; (“infraction provinciale”)

“Registrar” means the Registrar of Private Investigators and Security Guards appointed under section 3; (“registrateur”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999. (“Tribunal”)

Application

2. (1) This Act applies to private investigators within the meaning of subsection (2) and to security guards within the meaning of subsection (4).

Private investigators

(2) A private investigator is a person who performs work, for remuneration, that consists primarily of conducting investigations in order to provide information.

Same

(3) Examples of the types of information referred to in subsection (2) include information on,

(a) the character or actions of a person;

(b) the business or occupation of a person; and

(c) the whereabouts of persons or property.

Security guards

(4) A security guard is a person who performs work, for remuneration, that consists primarily of guarding or patrolling for the purpose of protecting persons or property.

Same

(5) Examples of the types of work referred to in subsection (4) include,

(a) acting as a bouncer;

(b) acting as a bodyguard; and

(c) performing services to prevent the loss of property through theft or sabotage in an industrial, commercial, residential or retail environment.

Soliciting or procuring services

(6) A person who performs work, for remuneration, that consists primarily of acting for or aiding others in soliciting or procuring the services of a private investigator or security guard shall be deemed to be in the business of selling private investigator or security guard services.

Non-application

(7) This Act does not apply to,

(a) barristers or solicitors engaged in the practice of their profession;

(b) persons who perform work, for remuneration, that consists primarily of searching for and providing information on,

(i) the financial credit rating of persons,

(ii) the qualifications and suitability of applicants for insurance and indemnity bonds, or

(iii) the qualifications and suitability of persons as employees or prospective employees;

(c) a person who is acting as a peace officer;

(d) insurance adjusters licensed under the Insurance Act while acting in that capacity, and their employees while acting in the usual and regular scope of their employment;

(e) insurance companies licensed under the Insurance Act and their employees while acting in the usual and regular scope of their employment;

(f) persons residing outside Ontario who are licensed employees of a private investigation agency licensed or registered in a jurisdiction outside Ontario, but elsewhere in Canada who,

(i) on behalf of a person situated outside Ontario, make an investigation or inquiry partly outside Ontario and partly within Ontario, and

(ii) come into Ontario solely for the purpose of such investigation or inquiry;

(g) persons who receive remuneration for work that consists primarily of providing advice with respect to security requirements but who are not soliciting or procuring the services of private investigators or security guards for the purposes of subsection (6);

(h) persons who receive remuneration for work that consists primarily of providing an armoured vehicle service;

(i) locksmiths; and

(j) any class of persons exempted by the regulations.

Remunerative work

(8) In subsections (2), (4), (6) and (7), a reference to performing work for remuneration includes performing work pursuant to an agreement that provides that the remuneration paid is contingent, in whole or in part, on the completion of the work.

“Peace officer”

(9) For the purposes of clause (7) (c),

“peace officer” means a person or a member of a class of persons set out in the definition of “peace officer” in section 2 of the Criminal Code (Canada).

PArt II
administration

Registrar

Registrar

3. (1) The Lieutenant Governor in Council shall appoint a Registrar of Private Investigators and Security Guards.

Deputy registrars

(2) The Lieutenant Governor in Council may appoint one or more deputy registrars who may act as Registrar during the Registrar’s absence or inability to act.

Types of Licences

Types of licences

4. The following are the types of licences that may be issued under this Act:

1. A licence to act as a private investigator.

2. A licence to act as a security guard.

3. A licence to engage in the business of selling the services of private investigators.

4. A licence to engage in the business of selling the services of security guards.

5. A licence to act as both a private investigator and a security guard.

6. A licence to engage in the business of selling the services of both private investigators and security guards.

Registration

Registered employer

5. If a business entity, other than a business entity that engages in the business of selling the services of private investigators or security guards to the public, employs a private investigator or security guard, that business entity shall,

(a) register as an employer in accordance with the prescribed requirements; and

(b) provide the Registrar with a mailing address for service in Ontario, and notify the Registrar of any change in its mailing address within five days of the change.

Part IIi
prohibitions

Individual licence

6. No person shall act as a private investigator or a security guard or hold himself or herself out as one unless the person holds the appropriate licence under this Act and,

(a) is employed by a licensed business entity, a registered employer under section 5, or an employer that is not required to be registered; or

(b) is the sole proprietor of a licensed business entity or is a partner in a licensed business entity.

Licence to engage in the business

7. (1) No person shall sell the services of private investigators or security guards or hold themself out as available to sell such services, unless,

(a) the person holds the appropriate licence under this Act; or

(b) the person is an employee of a licensee described in clause (a) and is acting on behalf of that licensee in the normal course of his or her duties.

Branch offices

(2) No person shall engage in the business of selling the services of private investigators or security guards from more than one place at which the public is invited to deal unless the person is licensed, with one place designated by the licensee as the main office and the remainder as branch offices.

Change in business entity

8. (1) Subject to subsection (2), if there is a change in the officers, directors or partners of a business entity that is a licensee, the business entity shall not continue to act or offer services under the licence.

Same

(2) Where there is a change in the officers, directors or partners of a business entity, the Registrar may consent, in writing, to the business entity continuing to act or offer services under the existing licence, in which case subsection (1) does not apply.

Sole proprietorships

(3) Where the holder of a licence who is a sole proprietor dies or becomes incapable, the Registrar may issue a temporary licence, that is valid for the time stipulated in the licence, to permit the sole proprietor’s business to be maintained or wound down.

Licensee may not act as collector, etc.

9. (1) No person who holds a licence to act as a private investigator or security guard shall act or hold himself, herself or itself as being available to act with respect to,

(a) the collection of accounts;

(b) acting as a bailiff; or

(c) an eviction under the Tenant Protection Act, 1997.

Protected witnesses

(2) No person who holds a licence to act as a private investigator or security guard shall act or...