Acts and Regulations

2016-58 - Private Investigators and Security Services Act

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NEW BRUNSWICK
REGULATION 2016-58
under the
Private Investigators and Security Services Act
(O.C. 2016-244)
Filed September 30, 2016
1New Brunswick Regulation 84-103 under the Private Investigators and Security Services Act is amended by adding after section 2 the following:
2.1Applicants for the following licences are exempt from furnishing a bond under paragraph 11(1)(a) of the Act:
(a) a private investigator’s licence;
(b) a security services agent’s licence;
(c) a temporary security services agent’s licence referred to in paragraph 7(1)(e) of the Act; and
(d) an out-of-province licence referred to in paragraph 7(1)(f) of the Act.
2Section 3 of the Regulation is repealed and the following is substituted:
3(1)An application for a private investigation agency licence or a security services licence shall be on a form provided by the Minister and shall be accompanied by
(a) the fee prescribed by section 5,
(b) a bond in the amount prescribed by subsection 6(1), and
(c) proof of liability insurance required for the purposes of section 11 of the Act in the amount prescribed by subsection 6(3).
3(2)An application for a private investigator’s licence, a security services agent’s licence or a temporary security services agent’s licence referred to in paragraph 7(1)(e) of the Act shall be on a form provided by the Minister and shall be accompanied by
(a) two copies of a current photograph of the applicant for the licence in the form specified by the Minister,
(b) if requested by the Minister, a full set of fingerprints of the applicant for the licence prepared by any detachment of the Royal Canadian Mounted Police or any municipal police force, and
(c) the fee prescribed by section 5.
3(3)An application for an out-of-province licence referred to in paragraph 7(1)(f) of the Act shall be on a form provided by the Minister and shall be accompanied by
(a) two copies of a current photograph of the applicant for the licence in the form specified by the Minister,
(b) a copy of the licence from another jurisdiction that authorizes the applicant for the licence to provide the services of a private investigator or security guard in that other jurisdiction, and
(c) the fee prescribed by section 5.
3Section 4 of the Regulation is amended
(a) in subsection (1)
(i) by striking out the portion preceding paragraph (a) and substituting the following:
4(1)An application for a renewal of a private investigation agency licence or a security services licence shall be on a form provided by the Minister and shall be accompanied by
(ii) by repealing paragraph (b) and substituting the following:
(b) proof of a bond in the amount prescribed by subsection 6(1), and
(b) by repealing subsection (2) and substituting the following:
4(2)An application for a renewal of a private investigator’s licence or a security services agent’s licence shall be on a form provided by the Minister and shall be accompanied by the fee prescribed by section 5.
(c) by repealing subsection (3) and substituting the following:
4(3)Before renewing a private investigator’s licence or a security services agent’s licence, the Minister may require that current photographs be submitted in the number and form as are determined by the Minister.
4Section 5 of the Regulation is repealed and the following is substituted:
5(1)The fee
(a) for a private investigation agency licence or for its renewal is $800,
(b) for a security services licence or for its renewal is $800,
(c) for a private investigator’s licence or for its renewal is $100,
(d) for a security services agent’s licence or for its renewal is $100,
(e) for a temporary security services agent’s licence referred to in paragraph 7(1)(e) of the Act is $50, and
(f) for a temporary licence referred to in paragraph 7(1)(f) of the Act is $50.
5(2)Despite subsection (1), the fee to be paid for the renewal of a licence referred to in subsection 15(2) of the Act shall be calculated in accordance with the following formula:
A = B/12 × C
where
Ais the fee payable;
Bis the fee that, but for this subsection, would be payable under subsection (1), and
Cis the number of months for which the licence is renewed, rounded up to the nearest whole number.
5(3)The fee for a private investigation agency licence or a security services licence or for its renewal may be paid in two instalments.
5(4)The first instalment is due on the date the licence is issued or renewed and the second instalment is due one year after the date the licence is issued or renewed.
5Section 6 of the Regulation is repealed and the following is substituted:
6(1)A bond required to be furnished under paragraph 11(1)(a) of the Act shall be in the amount of $5,000.
6(2)The bond shall be provided by a surety approved by the Minister.
6(3)The amount of liability insurance of which proof must be furnished under paragraph 11(1)(b) of the Act shall be a minimum of $5,000.
6Section 7 of the Regulation is amended
(a) in the portion preceding paragraph (a) of the English version by striking out “granted” and substituting “issued”;
(b) by repealing paragraph (a) and substituting the following:
(a) maintain a bond in the amount prescribed by subsection 6(1), and
7Section 8 of the Regulation is amended
(a) in subsection (2) by striking out “the Commission” and substituting “the Minister”;
(b) in subsection (5) by striking out “the Commission” and substituting “the Minister”.
8Paragraph 9(c) of the Regulation is repealed and the following is substituted:
(c) shall furnish the records prescribed in paragraphs (a) and (b) to the Minister at the request of the Minister.
9Section 11 of the Regulation is amended in the portion preceding paragraph (a) by striking out “the Commission” and substituting “the Minister”.
10Section 16 of the Regulation is amended by striking out “the Commission” and substituting “the Minister”.
11Form 1 of the Regulation is repealed.
12This Regulation comes into force on October 1, 2016.