Third

Session, 46th General Assembly

Elizabeth II, 2010

BILL 14

AN ACT TO AMEND THE

PRIVATE INVESTIGATION

AND SECURITY SERVICES ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

KEVIN O'BRIEN

Minister

of Government Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Private Investigation and Security Services

Act . It would update and streamline the appeal process and make that

process consistent with the Consumer

Protection and Business Practices Act .

The Bill would remove the requirement

for a corporation applying to hold a licence under the Act to have a majority

of the board of directors of that corporation be

Canadian citizens. Further the Bill would require that the corporation have an

address for service in the province rather than requiring the agency to operate

an office in the province.

A BILL

AN ACT TO AMEND THE PRIVATE INVESTIGATION AND SECURITY SERVICES ACT

Analysis

S.10 R&S

Agency licence

S.37 Rep .

Appeal to minister

S.38 R&S

Appeals

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cP-24

as amended

Section 10 of the Private Investigation and Security Services Act is repealed and the

following substituted:

Agency licence

(1) A

person is not eligible to hold a licence to carry on the business of an agency

unless

(

a) the person is a

Canadian citizen or a permanent resident within the meaning of the Immigration Act (Canada); and

(

b) the person who will

manage the business is ordinarily resident in Canada .

(2) An applicant for a licence shall indicate to

the administrator a current address for service in the province, and a document

sent to or served on the applicant under this Act or the regulations shall be

considered to be sufficiently sent or served if delivered personally or mailed

by registered mail to that address for service.

(3) Where a document referred to in subsection

(2) is mailed by registered mail, it is considered to be served on the 3rd day

following the day it is deposited in the post office by the sender.

Section 37 of the Act is repealed.

Section 38 of the Act is repealed and the following

substituted:

Appeals

(1) A

person may appeal to a judge of the Trial Division

(

a) where the

administrator has refused to issue a licence to the person or to renew his or

her licence;

(

b) against a term or

condition to which the person's licence is made subject;

(

c) where his or her

licence has been suspended or cancelled, against the suspension or

cancellation; and

(

d) where the person is

dissatisfied with a decision, order or direction that the administrator has

made affecting the person.

(2) A person appealing under this

section shall

give notice of the appeal to the administrator at the time the appeal is filed

with the court.

(3) An appeal under this

section shall be started

not later than 30 days after the happening of the event giving rise to the

appeal.

Earl G. Tucker, Queen's Printer