Acts and Regulations

84-103 - General

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Full text
Current to 1 April 2024
NEW BRUNSWICK
REGULATION 84-103
under the
Private Investigators and Security Services Act
(O. C. 84-386)
Filed May 18, 1984
Under section 33 of the Private Investigators and Security Services Act, the Lieutenant-Governor in Council makes the following Regulation:
2012-50
Citation
2024-10
1This Regulation may be cited as the General Regulation - Private Investigators and Security Services Act.
2024-10
Definitions
2024-10
2In this Regulation
“Act” means the Private Investigators and Security Services Act;(loi)
“handler” means a person who is responsible for keeping a guard dog under control;(maître-chien)
“municipal police force” includes the police force of a rural community or a regional municipality;(corps de police municipal)
“premises” means land, buildings or structures or portions thereof.(lieux)
2005-70; 2017, c.20, s.139; 2024-10
Exemption - bond
2024-10
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;
(d) an out-of-province licence referred to in paragraph 7(1)(f) of the Act; and
(e) a licence to provide guard dog services.
2016-58; 2024-10
Application for licence
2024-10
3(1)An application for a private investigation agency licence or a security services licence 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 accompanied by
(a) 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 accompanied by
(a) 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.
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.
2005-70; 2012-50; 2016-58; 2024-10
Application for renewal
2024-10
4(1)An application for a renewal of a private investigation agency licence or a security services licence shall be accompanied by
(a) the fee prescribed by section 5,
(b) proof of 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).
4(2)An application for a renewal of a private investigator’s licence or a security services agent’s licence shall be accompanied by the fee prescribed by section 5.
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.
4(3)Repealed: 2024-10
2012-50; 2016-58; 2024-10
Fees
2024-10
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 an out-of-province 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.
88-120; 92-81; 2012-50; 2016-58; 2024-10
Amount of bond and liability insurance
2024-10
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 $1,000,000.
2012-50; 2016-58; 2024-10
Duty to maintain bond and liability insurance
2024-10
7Every holder of a private investigation agency licence or a security services licence issued or renewed under the Act shall, during the term of the licence,
(a) maintain a bond in the amount prescribed by subsection 6(1), and
(b) maintain liability insurance in the amount prescribed under subsection 6(3).
2016-58; 2024-10
Uniforms
2024-10
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.
2005-70; 2016-58; 2024-10
Batons, handcuffs and vehicles
2024-10
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.
2024-10
Books, documents and records
2024-10
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.
2016-58; 2024-10
Principal office
2024-10
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.
2024-10
Guard dogs
2024-10
10(1)Subject to subsection (2), a holder of a licence to provide guard dog services 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.
2024-10
11Repealed: 2024-10
2005-70; 2016-58; 2017, c.20, s.139; 2024-10
Guard dog training requirements
2024-10
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.
2024-10
Care and treatment of guard dogs
2024-10
13(1)Every guard dog:
(a) shall be properly kennelled, fed, watered and cared for;
(b) shall, every 12 months, be examined by a duly qualified veterinarian;
(c) shall, every 12 months, be vaccinated 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.
2024-10
Qualifications of handler
2024-10
14(1)The handler of a guard dog shall keep the guard dog under 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 the handler is to handle, so that the handler is able to control the dog at all times and in all circumstances.
2024-10
15Repealed: 2024-10
2024-10
16Repealed: 2024-10
2016-58; 2024-10
17Regulation 74-135 under the Private Investigators and Security Services Act is repealed.
Form 1
Repealed: 2016-58
2016-58
N.B. This Regulation is consolidated to April 1, 2024.