No. 44 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 44 A Bill respecting Private Investigators and;Security Guards HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty; Edmonton, Alberta, 1965

Explanatory Note General. This Bill will replace The Private Detectives Act which is

chapter 240 of the Revised Statutes. The present Act provides for two types of licence, "private detectives" and "private detec­ tives' agents". The

definitions of these terms include persons who act as guards or watchman. This Bill will provide four types of licences, namely; private investigation agency, private investigator, security guard agency, and security guard. The

section references in the explanatory notes to various clauses a~~ to the sections in the present Act which contain similar pro­VlsIOns. 2.

Definitions. 3. Non-application of Act to certain classes of people. The present

section 3.

BILL No. 44 of 1965

An Act respecting PrIvate Investi~ators and S'ecurity Guards (Assented to , 1965) HER MAJE.ST~, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Private Investigators and Security Guards Act". 2. In this Act, (a) "Administrator" means the employee in the De­ partment of the Attorney General designated by the Attorney General as the Administrator of this Act; (b) "private investigator" means a person who (

i) obtains or furnishes information as to the personal character or actions of a person or as to the character or kind of business of or the occupation of a person, or (ii) s'earches for missing persons; (c) "security guard" means a person who acts as a guard or watchman. 3. This Act does not apply to (

a) members of the Royal Canadian Mounted Police, of the Alberta Municipal Police or of any municipal police force while acting within the authority of their appointments, (

b) barristers and solicitors in the regular practice of their professions, (

c) members of the Canadian Corps of Commission­ aires while acting within the scope of their author­ ~ty, (

d) insurance adjustment agencies, insurance com­ panies or the Fire Underwriters' Investigation Bureau of Canada Incorporated while engaged in the usual course of their business or their em­ ployees or 'agents while acting in the usual and regular scope of their employment, (

e) a person who is engaged only ,in the business of obtaining or furnishing information as to the fin­ ancial rating or standing of persons, or (/) the watching, guarding or investigation work done by a person who is permanently employed to do watching, guarding or investigation work for a single employer who is not engaged in the busi ..

4. Requirement to be licensed as a private investigation agency and a private investigator. Subclauses (1) and (2) are taken from the present

section 4 (1) in part. Subclause (3) is the present

section 4 (2). 5. Requirement to be licensed as a security guard agency and as a security guard. Taken from the present

section 4 (1) in part. 6. Application for a licence. The present

section 5 in part, revised. 2

ness ofa private investigatQr, if the watching guarding or investigation wQrk is dQne for th~ prQtectiQn Qf persons Qr prQperty or arises out Qf the businesscarvied Qn by the emplQyer. 4. (1 ) NO' person shall engage in the business of a pri­ vate investigatQr fQr hire Qr reward withQut a private investigatiQn agency licence issued under this Act.

(2) No perSQn shall act as a private investigatQr fQr a perSQn who ,is engaged in the business of a private investi­ gatQr withQut a private investigatQr licence issued under this Act.

(3) Where a perSQn (

a) resides outside the PrQvince, and is bona fide emplQyed there, by Qr Qn behalf of an emplQyer or client whO' resides Qutside the PrQvince, to make an investigation Qr inquiry partly Qutside the PrQV­ ince 'and partly within the PrQvince, and (

b) temporarilycQmes, intO' the PrQvince sQlely for the purpQse Qf that investigatiQn Qr inquiry, nQthing in this sectiQn requires that perSQn Qr his emplQyer to be the 'hQlder Qf a licence under this Act so IQng as the wQrk of that person within the PrQvince iscQnfined to the making Qf the investigatiQn Qr inquiry fQr which he was so emplQyed outside the PrQvince. 5.

(1) No perSQn shall engage in the business of pro­ viding security guard s,ervice fQr hire Qr rewavd withQut a security guard agency Hcence issued under this Act.

(2) NO' perS'Qn shall act as a security guard for a pers.Qn whO' is in the business Qf prQviding security guard serVIce withQut a security guard licence issued under this Act.

(3) I For the purpQses of this Act a perSQn is providing security guard service when he acts as a security guard for mQre than Qne perSQn Qr furnishes secuvity guards fQr one or mQre perSQns. G.

(1) An applicatiQn fQr a lic.e~ce shall be made, in the prescribed fQrm, to' the AdmInIstratQr ,and shall be accompanied by (

a) the prescribed licence fee, (

b) the security required under sectiQn 7, and (

c) such other infQrmatiQn as may be required by the regulatiQns.

(2) An applicatiQn fQr a private investigatiQn agency licence or a security guard agency licence shall be accom­ panied by an affidavit 2 (

a) Qf the applicant, Qr (

b) where the applicant is a partnership, Qf each Qf the partners, Qr

7. Requirement for the deposit of security. 8.

(1) Issue of a licence. The present

section 7 (1) revised.

(2) The present

section 5 (5). 9.

(1) Expiry of licence. The present

section 8.

(2) Temporary licences. (3) and

(4) Automatic termination, suspension and cancellation of private investigators' and security guards' licences in certain cases. Taken in part from the present sections 9 and 10. 3

(

c) wher~ the applicant is a ,corporation, of each of the dIrectors, showing what, if any, ·conv,ictions there are against him.

(3) An .applicati~n ~or a private investigator's licence or a securIty .guard s lIcence ,shall be accompanied by (

a) an a~fi?avit of the appli<:ant s~owing what, if any, convIctIons there are aga'Inst 'hIm, and (

b) a letter signed by a private investigation agency or a security guard agency stating that the appli­ cant is or will be employed by the agency as a pri­ vate investigator or se0urity guard, as the case may be. 7. A licence shall not he issued to any person until there is deposited with the Administrator security, in the amount and form prescribed by the regulations, for faithful, honest and lawful performance by that person of the business or employment in respect of which the licence is to be held. 8.

(1) The Administrator may make whatever inquiry and investigation he considers sufficient regarding (

a) an applicant for a licence, or (

b) where the applicant is a partnership, each partner, or (

c) where the applicant is a 'corporation, each director, and may issue or refuse to ,issue the licence applied for where in his opinion that action is in the public interest.

(2) A licence shall not be issued rbo a person who has not been residing in or carrying on business in the Prov,ince for six months immediately preceding the date of applica­ tion for a licence unless the applicant (

a) is a resident of the Province at the date of appli­ cation, and (

b) is the holder of a. s?bsisting licence i~ another province of a type SImIlar to the one ,applIed for. 9.

(1) Subject to this, section, a licence issued pursuant to this Act, expires on the thirty-first day of December of the year for which ,it was issued, unless sooner suspended or cancelled . (2) .A temporary licence terminates in accordance with the regulations.

(3) The licence of a private investigator (

a) termina'tes upon his ceasing to be e~ploye.d by !1 private investigation agency as a prIvate InvestI­ gator, and (

b) is suspended or cancelled, as the case may.be, up.on the suspension or c~ncellation .of the prIvate In­ vestiga tion agency lIcence of hIS employer.

(4) The licence of a security guard 3

10. Suspension and cancellation of licences. The present sec­ tion 9 (1). II. Right of appeal on a suspension or cancellation to an appeal board. This procedure replaces an advisory board provision in the present

section 9. 12. Display of licences in office. The present

section 11. 4

(a) (

b) termin3;tes upon his ceasing to be employed by ~ securIty guard agency as a security guard, and IS suspende~ or cancelled, ~s the case may be, upon the suspenSIOn or cancellatIOn of the security guard agency licence of his employer. 10. The Administrator, in his discretion may suspend or ·cancel a licence when the licensee, or one~f the partners .or directors .of the licensee, (

a) is convicted 'Of an indictable offence or an offence punishable by imprisonment for two or more years, or (

b) is convicted of a contravention of this Act or the regula tions, or (

c) fails to pay a judgment against himself for dam­ ages sustained by reason of

an act or omission of his 'Or .of an employee 'Of his do.ne o.r occurring in or in co.nnectio.n with the business or employment in respect of which the licence is held, or . . (

d) has made an untrue statement 0) in his application for a licence, or (ii) in a return made or information produced to the Administrator, or (

e) neglects or refuses to make a return or to produce to. the Administrator any information required pur­ suant to this Act or the regulations, or (/) is not in the opinion of the Administrator a fit and proper person to hQld a licence. 11. (1)' A person who is refused a licence under sec­ tion 8 or who.se licence is suspended or canceMed under

section 10 may, within thirty days thereafter appeal the decision of the Administrator by fHing a notice of appeal with the Deputy Attorney General.

(2) The Deputy Attorney General shall refer the appeal to an appeal board consisting of three persons appointed by him, one of whom shall he a judge .ofa district court.

(3) The Deputy At,torney General shaH not be a member of an appeal board.

(4) After holding a hearing the appeal board may upho.ld the Administrator's decisio.J? or it may direct him t.o issue the licence applied for or reInstate the suspended or cancelled licence. 12.

(1) The holder of ~ private inv~stigati0!l a~ency or security guard agency lIcence .shall dIsp~ay hIS hc~~ce and the licences of his employees In a ,conspIcuoUS posItIon in the principal office or place in. the rrovince where .he is engaged in or carries 'On the busIness In respect of WhICh the licences are held. 4

13. Recor$are required to be kept. The present

section 12. 14. Annual returns. The present

section 13. IS. Enforcement of the security given under clause 7. The pre~nt

section -17 revised. 5

(2) Each ~erson in charge of or employed in an office or place. of buslness of a private investigation agency or securlty guard. agency, other than in the principal office or place of buslness, shall on request of any person inform that p~rson?f the addre~s or.locati.on of the off.ice or place of buslness In the ProvInce In whIch the licences are dis­played. 13. The holder of a private inve~tigation agency or security guard agency licence shall keep complete records (

a) of the names and addresses of all persons acting for or employed by the holder in the carrying on 'Of the business in respect of which the licence is held, and (

b) of each investigation or other work undertaken, and shaH produce those records for inspection at any time on the request of the Administrator or of any person authorized in writing by the Administrator to inspect the records. 14.

(1) In the month of January in each year, a person who held a private investigation agency licence or a security guard agency licence in the preceding year shall file a return with the Administrator.

(2) Tlhe return (

a) shall give the address of each office in which he carried on the business in respect of which the licence was issued in the immediately preceding calendar year, and (

b) shall give the names and addresses of each of his agents and empl'Oyees who have been acting for or employed by him during the immediately preceding calendar year.

(3) The return shall contain such other information with respect to the agency as may be prescribed by the regula­ tions. 15,.

(1) Where a person in respect of whom security is deposited under

section 7 is liable to another person for damages sustained by that other person by reas'On of

an act or omission of the secured person, or his servant, (

a) during the course of the business or employment in respect of which the security was given, and (

b) during the period in respect of which the security was given, the insurer on the security is, to the 'amount set out in the bond or policy liable to indemnify the person who sustained the damage a~d that person may i.n an acti.on for t?e dam­ ages join the insurer on the securIty, notwIthstandlng that he is not a party to the security.

(2) This

section does not apply to any action com­ menced more than two years after the expiration or can­ cellation of the licence to which the security relates. 5

16. Temporary licence to an executor or administrator. 17. Any information obtained in the course of an investigation is to be kept confidential. 18. Prohibition against acting as a collection agency. 19. Prohibition against acting as municipal policeman. 20. Prohibition against the use of unlicensed employees. The present s'ection 15 revised. 21. Prohibition of the use of badges, shields or identification cards, except as authorized. See present

section 18. 22. Prohibition re the use of the term "private detective". 6

16. ~here a person .who holds a private investigation agency l'Icence or securIty guard agency licence dies the Administrator may grant a temporary licence to hi~ ex­ ecutor or administrator, and in such a case all employees of the deceased person who hold licences under this Act shall be deemed to be licensed as emp,loyees of the executor or administrator. 17. Except as legally a~thorized or required, a person who holds or has held a lIcence under this Act shall not divulge to anyone any information acquired by him in the course of the business or employment in respect of which the licence is or was held. 18.

A person who holds a licence under this Act shall not act; either with or without remuneration, asa collection agency or a collector ·of debts or accounts, nor shall he hold himself out or advertise himself as a collection agency or a collector of debts or accounts for any person. 19. A person who holds a licence under this Act shall not at any time, whether by agreement with a municipality or board of police commissioners or otherwise, act as a member of a police force. '20.

(1) No private investigation agency shall employ any person as a private investigator unless that person holds a private investigator licence.

(2) No security guard :agency shall ,employ any person as a security guard unless that person holds a security guard licence. 21.

(1) No person shall have in his possession or dis­ play any badge, shield, card or other obj ect purporting to indicate that he is licensed under this Act except a pre­ scribed identification card issued to him under the regula­ tions.

(2) Every licensee shaH, while engaged in the business or employment in respect of which the licence is held, carry on his person the pres,cribed identification card issued to ,him under the regulations and shall produce it for the inspection of any person who requests to see it.

(3) No person other than the licensee to whom it .has been issued shall have in his possession any prescrIbed identification card. 22. After the thirty-first day of December, 1965, no person engaged in any business or employment shall use the expression "private detective". in connec~ion with that business or employment or hold hImself out In any manner as a private detective. 6

23. Prohibition against advertising or holding out as a private investigator or as a security guard when not licensed. The present

section 4 ( 1) in part. 24. Offence and penalty. The present sections 21, 22 'and 23. 25.

(1) Proof of licensing. The present

section 24.

(2) Prima facie proof from advertising and other statements. 26. Authority to make regulations. 7

2,3. ( 1) No person shall (

a) advertise himself, or (

b) in any way hold himself out, as acting as private investigator or as engaged in the busi­ ness of a private investigator unless he holds a private investigation agency licence.

(2) No person shall (

a) advertise himself, or (

b) in any way hold himself out, as acting as a security guard or as engaged in the business of providing security guard s'ervice unless he holds a security guard agency licence. 24.

(1) A person who contravenes

section 4 or

section 5 is guilty of an offence and liable on

summary conviction to a fine of not more than five hundred dollars and in default of payment to imprisonment for a term not exceed­ ing twelve months.

(2) A person who contravenes any provision of this Act or the regulations for which a penalty is not otherwise provided is guilty of an offence and liable on

summary conviction to a fine of not more than two hundred dollars and in default of payment to imprisonment for a term not ex,ceeding six months.

(3) A person who is convicted of a second or ,subsequent offence under this Act may, in addition to or in lieu of any other penalty, be sentenced to a term of imprisonment of not more t'han one year. 2,5.

(1) A certificate purporting to be signed by the Administrator and to the effect that the person named therein did or did not at any given time or during any given period hold a licence as (

a) a private investigation agency, or (

b) a private investigator, or (

c) a security guard agency, or (

d) a security guard, shall be admitted in evidence as prima facie proof of the facts stated therein, without proof of the signature or appointment of the person signing the certificate.

(2) A statement in a letter, advertisement, card ~r other document or paper to the effect that a person IS engaged in the business of a private investigator or is acting as a private investigator is admissible in ~vidence as prima facie proof that he is so engaged or actIng, as the case may be. 26. The Lieutenant Governor in Council may make regulations 7

27. Repeal of present Act and transitional provisions. 28. Commencement of Act. 8

(

a) pres'cribing the fees payable for different classes of licences, (

b) P!escribing the a~ount and form of security to be gIven under

sectIOn 7 for different classes of licences, (

c) prescribing forms and providing for their use, (

d) providing for, and prescribing the term and other conditions of, temporary licences, (

e) requiring records to be kept and returns to be made to the Administrator, (

I) respecting advertising by persons licensed under this Act, (

g) requiring and governing the surrender of licences that have heen suspended or cancelled or that have terminated, (

h) regulating the appointment of and procedure before an appeal board, (

i) prescribing and regulating the issue and use of identification cards by persons licensed under this Act, (

j) governing the uniforms that may be worn by secur­ ity guards and prohibiting the wearing of uniforms by private investigators, and (

k) respecting any matter he considers necessary or advisable to carry out effectively the intent and purpose of this Act. 27.

(1) The Private Detectives Act is repealed.

(2) Every licence issued under The Private Detectives Act that is subsisting at the commencement of this Act shall continue to subsist (

a) until the thirty-first day of December, 1965, or (

b) until it is cancelled or it terminates for any reason that a licence may be cancelled or does terminate under this Act, or (

c) until it is replaced by a licence issued under this Act, whichever first occurs.

(3) For the purposes of this Act, (

a) a person who holds a private detective's licence subsisting pursuant to subsection (2) shall be deemed to hold a private investigation agency licence or a security guard agency licence, and (

b) a person who holds a private detective's agent's licence subsisting pursuant to subsection (2) shall be dee'med to hold a private investigator licence or a security guard licence, or both, as the nature of his business or employment requires. 28. This Act comes into force on the first day of August, 196 1 5. 8

No. 44 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABETH II 1965 BILL

An Act respecting Priv'ate Investigators and Security Guards Received and read the First time. Second time ....................................... . Third time. HON. MR. MANNING Title: 1965 (15th, 2nd) Bill 44,

An Act respecting Private Investigators and Security Guards