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1New Brunswick Regulation 84-103 under the Private Investigators and Security Services Act is amended by adding the heading “Citation” before section 1.

2 The Regulation is amended by adding the heading “Definitions” before section 2.

3The Regulation is amended by adding the heading “Exemption - bond” before section 2.1.

4Section 2.1 of the Regulation is amended

(a) in paragraph (c) of the English version by striking out “and” at the end of the paragraph;

(b) in paragraph (d) by striking out the period at the end of the paragraph and substituting “; and”;

(c) by adding after paragraph (d) the following:

(e) a licence to provide guard dog services.

5The Regulation is amended by adding the heading “Application for licence” before section 3.

6Section 3 of the Regulation is amended

(a) in subsection (1) in the paragraph preceding paragraph (a) by striking out “shall be on a form provided by the Minister and”;

(b) in subsection (2)

(i) in the portion preceding paragraph (a) by striking out “shall be on a form provided by the Minister and”;

(ii) in paragraph (a) by striking out “two copies of”;

(c) in subsection (3)

(i) in the portion preceding paragraph (a) by striking out “shall be on a form provided by the Minister and”;

(ii) in paragraph (a) by striking out “two copies of”;

(d) by adding after subsection (3) the following:

3(4)An application for a licence to provide guard dog services shall be accompanied, for each dog to be used as a guard dog,

(a) proof that is satisfactory to the Minister that the dog has been trained in accordance with section 12 and examined and vaccinated in accordance with section 13 and that the dog’s handler meets the qualifications set out in section 14, and

(b) two colour photographs of the dog with its handler, 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.

7The Regulation is amended by adding the heading “Application for renewal” before section 4.

8Section 4 of the Regulation is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “shall be on a form provided by the Minister and”;

(b) in subsection (2) by striking out “shall be on a form provided by the Minister and”;

(c) by adding after subsection (2) the following:

4(2.1)If the appearance of the dog or its handler has significantly changed during the term of the licence to provide guard dog services, the holder of the licence shall, on renewal of a licence under subsection 15(3.3) of the Act, provide the Minister with two colour photographs of the dog with its handler, 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.

(d) by repealing subsection (3).

9The Regulation is amended by adding the heading “Fees” before section 5.

10Paragraph 5(1)(f) of the Regulation is amended by striking out “a temporary licence” and substituting “an out-of-province licence”.

11The Regulation is amended by adding the heading “Amount of bond and liability insurance” before section 6.

12Subsection 6(3) of the Regulation is amended by striking out “$5,000” and substituting “$1,000,000”.

13The Regulation is amended by adding the heading “Duty to maintain bond and liability insurance” before section 7.

14Section 7 of the French version of the Regulation is amended

(a) in paragraph a) by striking out “maintenir” and substituting “maintenir en vigueur”;

(b) in paragraph b) by striking out “maintenir” and substituting “maintenir en vigueur”.

15The Regulation is amended by adding the heading “Uniforms” before section 8.

16Section 8 of the Regulation is repealed and the following is substituted:

8(1)A security guard shall wear a uniform while acting as a security guard.

8(2)For the purposes of subsection 20.1(2) of the Act, a uniform shall comply with the following requirements:

(a) the uniform, including badges and insignia, shall not be in a colour, pattern or design similar to the uniforms, badges or insignia worn by members of a municipal police force or the Royal Canadian Mounted Police;

(b) the uniform shall not display the word “Police” or “Sheriff”; and

(c) the uniform shall display in clearly visible letters the words “Security Guard” or the word “Security” on both shoulders of the outermost garment of the uniform.

17The Regulation is amended by adding after section 8 the following:

Batons, handcuffs and vehicles

8.1For the purposes of subsection 20.1(2) of the Act, batons, handcuffs and vehicles shall comply with the following requirements:

(a) a baton shall be no longer than 66 cm in length and shall not be spring loaded;

(b) handcuffs shall be made of metal; and

(c) a vehicle shall

(i) display the word "Security"

(A) in letters at least 7.5 cm high on the both sides of the vehicle and on the front and back of the vehicle, and

(B) in a colour that contrasts with the colour of the vehicle,

(ii) display the name of the security guard agency

(A) in clearly visible letters,

(B) in a colour that contrasts with the colour of the vehicle, and

(C) if the name includes the word "Security", in letters at least 7.5 cm high,

(iii) not display the word “Police” or “Sheriff” or resemble a vehicle used by a municipal police force or the Royal Canadian Mounted Police or a vehicle used for the purposes of the Sheriffs Act, and

(iv) not be equipped with a siren.

18The Regulation is amended by adding the heading “Books, documents and records” before section 9.

19Section 9 of the Regulation is repealed and the following is substituted:

9(1)Every holder of a private investigation agency licence or a security services licence shall keep the following books, documents and records:

(a) a list of the names of, and contact information for, the agents employed by the holder of the licence;

(b) a record specifying the date of commencement and termination of employment of each agent; and

(c) a record detailing every instance that an agent used force while acting as an agent.

9(2)Every holder of a security guard agency licence that employs security guards who are authorized under section 7.2 of the Act to carry batons or handcuffs shall keep the following books, documents and records:

(a) the policies and procedures established by the security guard agency relating to

(i) the supply of batons or handcuffs to security guards, and

(ii) the management and storage of batons or handcuffs;

(b) a list of the names of, and the contact information for, the security guards authorized to carry batons or handcuffs;

(c) in respect of each security guard authorized to carry batons or handcuffs, a certificate confirming the security guard has successfully completed a training program in the use of batons or handcuffs that is approved by the Minister;

(d) a certificate confirming the person responsible for managing and supplying the batons or handcuffs to security guards for the agency has successfully completed a training program in the use of batons or handcuffs that is approved by the Minister;

(e) a record detailing

(i) each time that batons or handcuffs are supplied to a security guard and the name of the security guard to whom they are supplied, and

(ii) for each baton supplied to a security guard, a threat assessment setting out the need for the security guard to carry the baton;

(f) a record detailing every instance that a security guard used a baton or handcuffs; and

(g) a list of the names of, and contact information for, all the clients who are provided the service of security guards who carry batons or handcuffs.

9(3)Every holder of a licence to provide guard dog services shall keep the following books, documents and records:

(a) in respect of each guard dog, a record containing the name of the dog and the dog’s handler and a record of the examinations and vaccinations referred to in section 13; and

(b) a list of the names of, and contact information for, all the clients who are provided the service of guard dogs.

9(4)Every holder of a private investigation agency licence, a security services licence, a security guard agency licence that employs security guards who are authorized under section 7.2 of the Act to carry batons or handcuffs or a licence to provide guard dog services shall, at the request of the Minister, deliver to the Minister any of the books, documents or records referred to in subsections (1), (2) or (3), as the case may be.

20The Regulation is amended by adding after section 9 the following:

Principal office

9.1For the purposes of paragraph 7(6)(a) of the Act, the principal office of an agency shall comply with the following requirements:

(a) the agency’s books, documents and records shall be kept in a secure location in the principal office;

(b) if uniforms, batons or handcuffs are stored at the principal office, they shall be stored in a manner that prevents unauthorized access; and

(c) if the principal office is located in a private dwelling, it shall be separated from the private dwelling by a solid wall and a door.

21The Regulation is amended by adding the heading “Guard dogs” before section 10.

22Subsection 10(1) of the Regulation is amended in the portion preceding paragraph (a) by striking out “security services licence” and substituting “licence to provide guard dog services”.

23Section 11 of the Regulation is repealed.

24The Regulation is amended by adding the heading “Guard dog training requirements”before section 12.

25The Regulation is amended by adding the heading “Care and treatment of guard dogs” before section 13.

26Subsection 13(1) of the Regulation is amended

(a) in paragraph (b) of the English version by striking out “twelve” and substituting “12”;

(b) in paragraph (c) by striking out “each year, be inoculated” and substituting “every 12 months, be vaccinated”.

27The Regulation is amended by adding the heading “Qualifications of handler” before section 14.

28Section 14 of the English version of the Regulation is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “under his control” and substituting “under control”;

(b) in subsection (2) by striking out “that he is to handle, so that he is able” and substituting “that the handler is to handle, so that the handler is able”.

29Section 15 of the Regulation is repealed.

30Section 16 of the Regulation is repealed.

Commencement

31This Regulation comes into force on April 1, 2024.

2024-10 - Private Investigators and Security Services Act

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