Acts and Regulations

84-103 - Private Investigators and Security Services Act

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NEW BRUNSWICK
REGULATION 84-103
under the
Private Investigators and Security Services Act
(O. C. 84-386)
Filed May 18, 1984
Under section 25 of the Private Investigators and Security Services Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Private Investigators and Security Services Act.
2In this Regulation
“Act” means the Private Investigators and Security Services Act;
“handler” means a person who is responsible for keeping a guard dog under control;
“municipal police force” includes the police force of a rural community;
“premises” means land, buildings or structures or portions thereof.
2005-70
3(1)Every application for a private investigation agency licence or a security services licence shall be in Form 45-3236, published by the Queen’s Printer, and shall be accompanied by
(a) the fee prescribed by section 5,
(b) a bond in the amount and in the form prescribed by subsection 6(1), and
(c) proof of liability insurance required for the purposes of section 6 of the Act in the amount prescribed by subsection 6(3).
3(2)Every application for a private investigator’s licence or a security services agent’s licence shall be in Form 45-3235, published by the Queen’s Printer, and shall be accompanied by
(a) two copies of a current photograph, in colour, measuring forty-one millimetres by forty-one millimetres, of the person applying for a licence,
(b) a full set of fingerprints prepared by any detachment of the Royal Canadian Mounted Police or any municipal police force, and
(c) the fee prescribed by section 5.
2005-70
4(1)Every application for a renewal of a private investigation agency licence or a security services licence shall be in Form 45-3236, published by the Queen’s Printer, and shall be accompanied by
(a) the fee prescribed by section 5,
(b) proof of a bond in the amount and in the form prescribed by subsection 6(1), and
(c) proof of liability insurance required for the purposes of section 6 of the Act in the amount prescribed by subsection 6(3).
4(2)Every application for a renewal of a private investigator’s licence or a security services agent’s licence shall be in Form 45-3235, published by the Queen’s Printer, and shall be accompanied by the fee prescribed by section 5.
4(3)Prior to the issuance of a renewal of a private investigator’s licence or a security services agent’s licence, the Commission may require that current photographs be submitted in the number and form as are determined by the Commission.
5(1)Subject to subsection (2), the fee:
(a) for a private investigation agency licence or for a renewal thereof is three hundred dollars;
(b) for a security services licence or for a renewal thereof is three hundred dollars;
(c) for a private investigator’s licence or for a renewal thereof is thirty dollars; and
(d) for a security services agent’s licence or for a renewal thereof is thirty dollars.
5(2)Where a licence is issued after the thirtieth day of September in any year, the fee payable for that year is half of the fee prescribed by subsection (1).
88-120; 92-81
6(1)A bond required to be furnished under paragraph 6(1)(a) of the Act shall be in the amount of five thousand dollars and shall be in Form 1.
6(2)The bond shall be provided by a surety approved by the Commission.
6(3)The amount of liability insurance of which proof must be furnished under paragraph 6(1)(a.1) of the Act shall be a minimum of five hundred thousand dollars.
7Every holder of a private investigation agency licence or a security services licence granted or renewed under the Act shall, during the term of the licence,
(a) maintain a bond in the amount and in the form prescribed under subsection 6(1), and
(b) maintain liability insurance in the amount prescribed under subsection 6(3).
8(1)A security guard shall wear a uniform while acting as a security guard.
8(2)The uniform and equipment worn by a security guard, including badges and rank insignia, shall be of a colour, pattern or design approved in writing by the Commission.
8(3)A security guard shall not wear a uniform, equipment, badges or an insignia in a colour, pattern or design similar to the uniform, equipment, badges or insignia worn by the municipal police force located in the area in which the security guard is employed or worn by the Royal Canadian Mounted Police.
8(4)The uniform worn by the security guard shall plainly display the words “Security Guard” on each shoulder of the outermost garment of the uniform being worn.
8(5)The equipment used by a security guard shall be approved in writing by the Commission.
8(6)A security guard shall not use any equipment of a colour, pattern or design similar to that used by the municipal police force located in the area in which the security guard is employed or used by the Royal Canadian Mounted Police.
8(7)A security guard shall not wear on a uniform any insignia or badge or use on any equipment any insignia that uses or displays the word “Police”.
2005-70
9Every holder of a private investigation agency licence or a security services licence
(a) shall keep a record of the names and addresses of each person acting for or employed by him and shall record the exact date that the employment commenced and terminated,
(b) shall keep a record of the work carried on in the preceding calendar year, and
(c) shall furnish the records prescribed in paragraphs (a) and (b) to the Commission upon the request of the Commission.
10(1)Subject to subsection (2), a holder of a security services licence shall not use or permit the use of a guard dog on any premises unless
(a) such dog is under the control of a handler at all times while it is being so used, or
(b) such dog is secured so that it is not at liberty to be at large on the premises.
10(2)A guard dog may be at large on premises, except premises where members of the public have access or are invitees, where reasonable precautions have been taken to prevent the escape of the guard dog from the premises.
10(3)A notice containing a warning that a guard dog is present on the premises shall be clearly displayed on the premises, whether or not the dog is to be secured.
11Every holder of a security services licence shall file with the Commission for each dog to be used as a guard dog the following information:
(a) the Canadian Kennel Dog Club registration number, if the dog has been registered;
(b) the dog licence number issued by the municipality or rural community;
(c) the age and date of birth of the dog;
(d) any particular identifying marks; and
(e) two color photographs of the dog with the handler in charge of the dog, one of which shall be taken from the left front of the dog and the other of which shall be taken from the right front of the dog.
2005-70
12(1)Every dog that is to be used as a guard dog shall be trained or have been trained by a person qualified in the training of guard dogs to such a standard that it can be kept under control at all times.
12(2)No dog that is to be used as a guard dog shall be trained or have been trained to kill or seriously injure persons or animals.
13(1)Every guard dog:
(a) shall be properly kennelled, fed, watered and cared for;
(b) shall, every twelve months, be examined by a duly qualified veterinarian;
(c) shall, each year, be inoculated by a duly qualified veterinarian for rabies and distemper; and
(d) shall be transported only in vehicles that provide reasonable protection against escape by the guard dog and that cannot be opened from the outside except by authorized persons.
13(2)No dog shall be used as a guard dog if it is suffering from any injury or illness.
14(1)The handler of a guard dog shall keep the guard dog under his control at all times while it is being used as a guard dog on a premises except
(a) while another handler has control of the guard dog,
(b) while the guard dog is secured so that it is not at liberty to be at large on the premises, or
(c) where the guard dog is at large on premises where reasonable precautions have been taken to prevent the escape of the guard dog from the premises.
14(2)Every handler shall undergo or have undergone a training period with the guard dog that he is to handle, so that he is able to control the dog at all times and in all circumstances.
15Every person providing the services of guard dogs shall
(a) keep a record of all guard dogs used by that person in which details of each dog shall be kept,
(b) keep a record of all persons to whom the service of guard dogs is provided which shall include the name of the dog, the permit number and the name of the handler, and
(c) keep a record of all examinations and inoculations and any other treatment.
16Proof, satisfactory to the Commission, of the training of a guard dog in accordance with section 12, of the examination and inoculations referred to in section 13 and of the training of the handler in accordance with section 14 shall be submitted with an application for a permit or for a renewal thereof.
17Regulation 74-135 under the Private Investigators and Security Services Act is repealed.
N.B. This Regulation is consolidated to July 15, 2005.