Fourth

Session, 45th General Assembly

Elizabeth II, 2007

BILL 18

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

DIANNE WHALEN

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 to remove the requirement for security guards to be individually

licensed under the Act. Security guard

agencies would continue to be licensed as agencies under the Act, and would

carry the responsibility for the education and conduct of the security guards

Clause 1 of the Bill would amend the

definition

section of the Act to remove security guards from the definition of

"agents" and to add a definition of "armoured vehicle

guard" who will continue to be licensed under the Act.

In clause 2 of the Bill,

section 9 of

the Act would be modified to reflect that security guard agencies may employ

security guards even though those persons are not individually licensed under

the Act as is otherwise required.

Clause 3 of the Bill clarifies that

requirements already contained in the Act also apply to security guards

employed by a licensed security guard agency.

Further, clauses 4 and 5 of the Bill clarify that prohibitions already

contained in sections 12 and 30 of the Act also apply to those security guards.

In clause 6 of the Bill, the Act

would be amended to provide that uniforms will continue to be required for

armoured vehicle guards.

Clause 7 of the Bill clarifies that a

prohibition contained in

section 34 of the Act also applies to security guards. In clause 8 of the Bill, the reference to

security guard has been deleted in favour of the more particular reference,

armoured vehicle guard.

Clause 9 of the Bill is an amendment

to the regulation-making

section of the Act regarding armoured vehicle guards.

Clause 10 of the Bill is a

commencement clause.

A BILL

AN ACT TO AMEND THE PRIVATE INVESTIGATION

AND SECURITY SERVICES ACT

Analysis

S.2 Amdt.

Definitions

S.9 R&S

Employment requirement

S.11 R&S

Requirements

S.12 R&S

Criminal conviction

5. S.30 Amdt.

Private investigator

6. S.31 R&S

Uniform required

7. S.34 Amdt.

Restriction re peace officer

8. S.35 Amdt.

Firearms prohibited

9. S.40 Amdt.

Regulations

10. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cP-24

as amended

(1) Paragraph 2(

c) of the Private Investigation and Security Services

Act is repealed and the following substituted:

(c) "agent" means a private

investigator, an armoured vehicle guard, a security consultant or a burglar

alarm agent;

(2) The Act is amended by adding immediately after

paragraph (

c) the following:

(c.1) "armoured vehicle guard" means a

person who guards or transports valuable property in an armoured vehicle

whether or not the property is owned by his or her employer;

(3) Paragraph 2(

n) of the Act is amended by adding

immediately after the words "security guard" a comma and the words

"armoured vehicle guard".

(4) Paragraph 2(

p) of the Act is amended

(

a) by adding the word "or" at the end

of subparagraph (i); and

(

b) by repealing subparagraph (ii).

(5) Paragraph 2(

q) of the Act is repealed and the following substituted:

(q) "security guard agency" means the

business of providing the services of security guards, guard dogs or armoured

vehicle guards.

Section 9 of the Act is repealed and the

following substituted:

Employment requirement

(1) A

person who holds a licence to carry on business as an agency shall not employ

as an agent a person who does not hold a licence to act as an agent.

(2) Notwithstanding subsection (1), a security

guard agency may employ as a security guard a person who meets the requirements

agency's licence.

Section 11 of the Act is repealed and the

following substituted:

Requirements

(1) A

person is not eligible to hold a licence as an agent unless that person

(

a) is a Canadian citizen; and

(

b) is 19 years of age or over.

(2) A person may not be employed as a security

guard by a licensed security guard agency unless that person

(

a) is a Canadian citizen; and

(

b) is 19 years of age or over.

Section 12 of the Act is repealed and the

following substituted:

Criminal

conviction

12. A

person shall not hold a licence as an agent or be employed as a security guard

in a licensed security guard agency where the person has been found guilty or

convicted of an offence under the Criminal

Code that the administrator considers relevant to his or her fitness to act

as an agent or security guard and a pardon has not been granted in respect of

the discharge or conviction.

5. Subsection 30(3) of the Act is repealed and the

following substituted:

(3) A licensed private investigator who is also

employed as a security guard or an armoured vehicle guard by a licensed

security guard agency shall not act as a private investigator while in uniform.

Section 31 of the Act is repealed and the

following substituted:

Uniform required

(1) A security guard

and an armoured vehicle guard shall wear a uniform that is required by the regulations

while acting as a security guard or an armoured vehicle guard.

(2) An armoured vehicle guard, while acting as an

armoured vehicle guard, shall carry on his or her person the licence issued to

him or her under this Act.

Section 34 of the Act is amended by adding

immediately after subsection (4) the following:

(5) This

section shall also apply to a security

guard employed by a security guard agency licensed under this Act.

Section 35 of the Act is amended by renumbering

it as subsection 35(1), by deleting the words "a security guard" and

substituting the words "an armoured vehicle guard" and by adding immediately

after subsection (1) the following:

(2) A security guard may not carry or use a

firearm.

9. Paragraph 40(1)(

j) of the Act is amended by

adding immediately after the words "security guards" a comma and the

words "armoured vehicle guards".

Commencement

10. This Act shall come into force on July 1, 2007 .

Earl G. Tucker,

Queen's Printer