Private Investigators and Security Guards Amendment Act, 2004 Dunlop, Garfield — Bill 88 (38th Parliament, 1st Session)

Bill 88, 38-1

Ontario — Bills

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Bill 88, Private Investigators and Security Guards Amendment Act, 2004

Dunlop, Garfield

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[38] Bill 88 Original (PDF)

Bill 88 2004

An Act to amend

the Private Investigators

and Security Guards Act

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

1. The Private Investigators and Security Guards Act is amended by adding the following heading immediately before

section 1:

Definitions, Application and Administration of Act

Section 1 of the Act, as amended by the Statutes of Ontario, 1997,

chapter 39,

section 13, is amended by adding the following

definitions:

"Commission" means the Private Investigators and Security Guards Complaints Commission established under

section 31.2; ("Commission")

"inspector" means an inspector appointed under

section 31.4; ("inspecteur")

3. Clauses 2 (1) (

c) and (

g) of the Act are repealed.

4. The Act is amended by adding the following heading immediately before

section 4:

Licences

Section 4 of the Act is amended by adding the following subsection:

Form of application

(3) An application for a licence shall be accompanied by payment of the required fees and shall state the class of licence, if applicable, for which the applicant is applying.

6. The Act is amended by adding the following section:

Eligibility for licence

5.1

(1) A person is not eligible for a licence unless,

(

a) the person has attained the age of 18 years, if the person is an individual;

(

b) the person, within the prescribed time period, has passed the prescribed examinations or has attained the prescribed standards with respect to acting as a private investigator or security guard, if the person is an individual; and

(

c) a director or officer of the person, within the prescribed time period, has passed the examinations or has attained the standards mentioned in clause (b), if the person is a corporation.

Same, persons with disabilities

(2) A person with a disability as defined in subsection 2 (1) of the Ontarians with Disabilities Act, 2001 is not ineligible for a licence unless the Registrar is satisfied that the disability prevents the person from

adequately performing the functions for which the person requires the licence.

Training

(3) The examinations and standards mentioned in clauses (1) (

b) and (

c) shall be appropriate for the class of licence, if applicable, for which the applicant is applying and may be different for different classes of licences.

Same

(4) The examinations and standards mentioned in clauses (1) (

b) and (

c) shall include examinations and standards with respect to,

(

a) the force that a licensee may lawfully use when acting as a private investigator or security guard;

(

b) the safe use of firearms, if the licensee is required to use firearms when acting as a private investigator or security guard; and

(

c) the lawful means of making arrests, if the licensee is required to make arrests when acting as a security guard.

7. Subsection 7 (1) of the Act is repealed and the following substituted:

Investigation of applicant

(1) The Registrar or any person authorized by the Registrar may make whatever inquiry and investigation is considered sufficient regarding the character, financial position, competence and eligibility for a licence of an applicant or a

licensee.

8. (1) Subsection 8 (1) of the Act is repealed and the following substituted:

Issuance of licence

(1) The Registrar shall issue a licence or renewal of a licence if of the opinion that the proposed licensing is not against the public interest and the applicant is eligible for the licence or the renewal.

(2) Section 8 of the Act is amended by adding the following subsections:

Terms of licence

(3) A licence is subject to those terms to give effect to the purposes of this Act that the Registrar imposes or that the regulations prescribe and the terms may be different for different classes of licences.

Use of equipment

(4) The terms of a licence may include restrictions on the equipment that the licensee is authorized to use or prohibited from using in performing the functions for which the person requires the class of licence.

Form of licence

(5) A licence shall state the class of licence, if applicable, for which it is issued or renewed and the terms to which it is subject.

Section 11 of the Act, as re-enacted by the Statutes of Ontario, 1997,

chapter 39,

section 17, is amended by adding the following subsection:

Annual expiry

(2) The expiry date shall not be later than the first anniversary of the day on which the licence is issued or renewed, if the licence was issued or renewed on or after the day on which the Private Investigators and Security

Guards Amendment Act, 2004 comes into force.

10. Subsections 13 (1) and (2) of the Act are repealed.

Section 14 of the Act is amended by adding the following clause:

(a.1) the licensee is no longer eligible for the licence, if the licence was issued or renewed on or after the day on which the Private Investigators and Security Guards Amendment Act, 2004 comes into force;

12. The Act is amended by adding the following heading immediately before

section 23:

Conduct of Licensees

Section 27 of the Act is amended by adding the following subsection:

Restriction

(2) The uniform shall not be in a form that reasonably resembles or creates confusion with the uniform that a police officer is required to wear while on duty under the Police Services Act .

14. The Act is amended by adding the following sections:

Motor vehicles of security guards

28.1

(1) Subject to subsection (2), no security guard while on duty shall use a motor vehicle except if the motor vehicle has the markings and colours that the Minister responsible for the administration

of this Act specifies.

Restriction

(2) The markings and colours of the motor vehicle shall not reasonably resemble or create confusion with a marked police vehicle.

Requirements for arrests

28.2 A person who employs or hires a security guard to make arrests when acting as a security guard shall provide the guard with a written statement annually setting out the requirements that the employer or hirer

requires of the guard in that respect, including the manner in which the guard is to make arrests.

Section 30 of the Act is amended by adding the following subsection:

Badges

(2) No licensee while acting as a private investigator or security guard shall wear or use badges, shields or insignia that reasonably resemble or create confusion with the badges, shields or insignia worn or used by a police officer

while on duty under the Police Services Act .

16. The Act is amended by adding the following sections:

Equipment

31.1 No licensee while acting as a private investigator or security guard shall use any prescribed equipment in circumstances that are prescribed.

Complaints Commission

Private Investigators and Security Guards Complaints Commission

enquêteurs privés et les gardiens.

Members

(2) The Commission shall consist of the members that the Lieutenant Governor in Council appoints, but shall not include as members persons who are or have been private investigators or security guards or members of bodies that

represent them.

Term of office

(3) The members of the Commission shall hold office for the term specified in their appointment.

Chair, vice-chairs

(4) The Lieutenant Governor in Council may designate one of the members of the Commission as the chair and one or more members of the Commission as vice-chairs.

Employees

(5) The employees that the Commission considers necessary to carry out its duties may be appointed under the Public Service Act .

Delegation

(6) The chair may authorize a member or employee of the Commission to exercise the Commission's powers and perform its duties with respect to a particular matter, except for its duties under subsections (7) and (8).

Duties

(7) At the direction of the Minister responsible for the administration of this Act, the Commission shall,

(

a) advise the Minister on the enforcement of this Act and the regulations and on programs of public information related to this Act;

(

b) examine and review this Act and the regulations and make recommendations to the Minister for amending them; and

(

c) advise the Minister on all other matters related to the subject-matter of this Act that the Minister directs.

Reports

(8) The Commission shall give the Minister an annual report on its activities within 60 days of the end of each year and whatever other reports that the Minister requests.

Complaints

31.3

(1) A person who has reasonable grounds to believe that an applicant for a licence or a licensee has contravened or is about to contravene this Act, the regulations or, in the case of a licensee, a

term of the licence of the licensee may make a complaint to the Commission.

Form of complaint

(2) A complaint that a person makes under subsection (1) shall be in writing and identify the person about whom the complaint is made.

Request for information

(3) If the Commission receives a complaint about a person under subsection (1), the Commission may request information in relation to the complaint from the person or any licensee.

Form of request

(4) The request for information shall be in writing and indicate the nature of the complaint.

Duty to comply

(5) The person who receives the request for information shall provide the information as soon as practicable.

Power to mediate

(6) In handling complaints, the Commission may attempt to mediate or resolve the complaint.

Inspectors

31.4

(1) The Commission may appoint any person to be an inspector for the purpose of determining whether an applicant for a licence or a licensee has contravened or is about to contravene this Act, the

regulations or, in the case of a licensee, a term of the licence of the licensee.

Certificate of appointment

(2) The chair of the Commission shall issue to every inspector a certificate of appointment, bearing the chair's signature or a facsimile of it.

Proof of appointment

(3) Every inspector who exercises powers under this Act shall, upon request, produce the certificate of appointment as an inspector.

Inspection without warrant

31.5

(1) If the Commission receives a complaint about a person under subsection 31.3 (1), an inspector may, without warrant or court order, conduct an inspection in accordance with this

section if the

inspector does so for the purpose of determining whether the person has contravened or is about to contravene this Act, the regulations or a term of a licence.

Powers of inspector

(2) In an inspection under this section, an inspector may,

(

a) stop, detain, enter and inspect a vehicle if the inspector has reasonable grounds to believe that it contains evidence that the person about whom the complaint is made is contravening or is about to contravene this Act, the regulations or a

term of a licence;

(

b) enter and inspect any premises in accordance with this

section if the inspector has reasonable grounds to believe that it contains evidence that the person about whom the complaint is made is contravening or is about to contravene this Act,

the regulations or a term of a licence;

(

c) inquire into all records and other matters that are relevant to an inspection;

(

d) demand the production for inspection of any thing relevant to the inspection from the persons being inspected;

(

e) use any data storage, processing or retrieval device or system belonging to the persons being inspected in order to produce a record in readable form of the records and other matters produced in response to a demand mentioned in clause (d);

(

f) in accordance with the regulations, seize or detain any thing relevant to the inspection if the thing is capable of being seized or detaine

Document details

Collection	Ontario — Bills
Citation	Bill 88, 38-1
Type	bill
Volume / chapter	p38 s1 bill 88 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	bbc52c36ae071ebb7ca681afeb6bec1cb2292ec5

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