Acts and Regulations

2011, c.209 - Private Investigators and Security Services Act

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Full text
Current to 1 April 2024
2011, c.209
Private Investigators and Security Services Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“agency” means a private investigation agency, security guard agency, burglar alarm agency or security consulting agency.(agence)
“agent” means a private investigator, security guard, burglar alarm agent or security consultant.(agent)
“burglar alarm agency” means the business of selling, providing, installing or servicing burglar alarm systems or of providing the services of a burglar alarm agent.(agence de protection contre le vol)
“burglar alarm agent” means a person who sells, installs, services, tests or patrols a burglar alarm system or who responds in person to alarm warnings of a burglar alarm system.(agent de protection contre le vol)
“burglar alarm system” means a system consisting of a device or devices to provide warnings against intrusion, including burglary, robbery, theft or vandalism.(système d’alarme anti-vol)
“Commission” Repealed: 2016, c.28, s.124
“guard dog” means a dog used for the purpose of protecting persons or property.(chien de garde)
“inspector” means an inspector appointed under section 4.(inspecteur)
“licence” means a licence issued under this Act.(licence)
“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“person” means a natural person, an association of natural persons, a partnership or a corporation.(personne)
“private investigation agency” means the business of providing the services of a private investigator.(agence de détectives privés)
“private investigator” means a person who(détective privé)
(a) investigates and furnishes information respecting the character or actions of a person or the nature of the business or occupation of a person,
(b) searches for offenders against the law or for missing persons or property,
(c) performs shopping or other services in civilian or plain clothes for a client for the purpose of reporting to the client about the conduct, integrity or trustworthiness of the client’s employees or other persons, or
(d) performs services in civilian or plain clothes for the prevention or detection of shoplifting.
“security consultant” means a person who, for hire or reward, advises and consults on securing premises or other property and does not otherwise act as a security guard or burglar alarm agent, and includes a person who inspects premises or other property for devices capable of intercepting private communications.(conseiller en sécurité)
“security consulting agency” means the business of providing the services of a security consultant.(agence de conseillers en sécurité)
“security guard” means a person who guards or patrols or provides other security services for the purpose of protecting persons or property and includes a person who(gardien)
(a) supervises and inspects security guards while they are guarding or patrolling, or
(b) accompanies a guard dog while the dog is guarding or patrolling.
“security guard agency” means(agence de gardiennage)
(a) the business of providing the services of a security guard or a guard dog, or both, or
(b) the business of guarding, or of providing the secure transportation and delivery of, property, where a security guard is used to provide security.
R.S.1973, c.P-16, s.1; 1974, c.36 (Supp.), s.1; 1975, c.44, s.1; 1976, c.46, s.1; 1980, c.41, s.2; 1982, c.51, s.1; 1988, c.11, s.25; 2000, c.26, s.249; 2016, c.28, s.124; 2016, c.37, s.148; 2019, c.2, s.113; 2020, c.25, s.86; 2022, c.28, s.41
Exemptions
2This Act does not apply to
(a) a person who, while engaged in the performance of the duties of their office or employment, is
(i) an officer or employee of a police force of Canada, the Province, a local government or an agency or board established under an Act of the Parliament of Canada or of the Legislature,
(ii) a police constable appointed under the Canada Transportation Act (Canada), or
(iii) an officer or employee of the Government of Canada, of the Government of the Province, or of a local government;
(b) a barrister and solicitor entitled to practise before the courts of the Province, while engaged in the regular practice of their profession;
(c) the Corps of Commissionaires or a member of it while acting within the objects of its incorporation;
(d) a person residing in another jurisdiction who is authorized by the law of that jurisdiction to engage in the business of providing the services of a private investigator or security guard, if that person
(i) on behalf of a client who resides outside the Province, makes an investigation partly outside the Province and partly within the Province, and
(ii) comes into the Province solely for the purpose of that investigation;
(e) a person who searches for and furnishes information
(i) as to the financial credit rating of persons,
(ii) to employers as to the qualifications and suitability of their employees or prospective employees, or
(iii) as to the qualifications and suitability of applicants for insurance and indemnity bonds,
and who does not otherwise act as a private investigator;
(f) an insurance adjuster authorized by law to carry on business within the Province, or employees of an insurance adjuster while acting in the usual and regular scope of their employment;
(g) an insurance company authorized by law to carry on business within the Province, or its employees while acting in the usual and regular scope of their employment;
(h) a security guard who is an employee of a person other than a person who operates a security guard agency and whose work is confined to the affairs and to the real property of that person;
(i) a private investigator who is an employee of a person other than a person who operates a private investigation agency and whose work is confined to the affairs of that person;
(j) a person who receives no remuneration or other reward for services performed by that person;
(k) a person who sells or provides a burglar alarm system if no survey or inspection of the premises to be protected by the system is carried out by the person or the person’s employee or agent and the person does not install, service, test, monitor or patrol the system; or
(l) a person who is not in the employ of a burglar alarm agency and who,
(i) installs a burglar alarm system if all specialized and final connections necessary to make the system operable are made by a licensed burglar alarm agent on the direction of their agency employer, or
(ii) acts as an operator to receive a signal from a burglar alarm system if the service is provided without remuneration.
R.S.1973, c.P-16, s.2; 1980, c.41, s.3; 1983, c.67, s.1; 1985, c.4, s.54; 2005, c.7, s.63; 2016, c.28, s.125; 2017, c.20, s.138; 2023, c.35, s.1
Private Investigators and Security Services Licensing Commission
Repealed: 2016, c.28, s.126
2016, c.28, s.126
3Repealed: 2016, c.28, s.127
1974, c.36 (Supp.), s.2; 1980, c.41, s.4; 2016, c.28, s.127
Appointment of inspectors
4(1)The Minister may appoint inspectors for the purposes of this Act and the regulations and may appoint a Chief Inspector for the Province.
4(1.1)The Minister shall issue to every inspector a certificate of appointment.
4(1.2)An inspector, in the execution of their duties under this Act or the regulations, shall produce their certificate on request.
4(2)The Chief Inspector is responsible to the Minister for the enforcement of this Act and the regulations and shall act in a supervisory capacity with respect to inspectors.
4(3)The Chief Inspector and inspectors appointed under this Act have the power and authority of a peace officer and are, by virtue of the office, peace officers within the meaning of the law for the protection of peace officers and shall be deemed to be persons employed for the preservation and maintenance of the public peace.
1975, c.44, s.2; 1982, c.51, s.2; 2016, c.28, s.128; 2023, c.35, s.2
Inspection powers
2023, c.35, s.3
4.1(1)For the purpose of ensuring compliance with this Act and the regulations or making an inquiry under subsection 8(1), an inspector may, at any reasonable time,
(a) enter and inspect any place, area or vehicle to which this Act applies and make any examinations or inquiries and conduct any tests that the inspector considers necessary or advisable,
(b) be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,
(c) make inquiries of any person who is or was in a place, area or vehicle to which this Act applies,
(d) require the production of books, documents or records at a place, area or vehicle to which this Act applies and may inspect, examine, copy or remove them,
(e) exercise any other powers and perform any other duties that are prescribed by regulation, and
(f) exercise the powers and perform the duties that are incidental to the powers set out in paragraphs (a) to (e).
4.1(2)Despite subsection (1), an inspector shall not enter a private dwelling unless the inspector
(a) has the consent of a person who appears to be an adult and an occupant of the dwelling, or
(b) has obtained a warrant under the Entry Warrants Act.
4.1(3)An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (1)(a).
4.1(4)An inspector who removes books, documents or records under paragraph (1)(d) shall give a receipt for the items and return them as soon as possible after making copies or extracts.
4.1(5)An inspector may, during an inspection carried out to ensure compliance with this Act and the regulations, seize any equipment in respect of which or any vehicle in which the inspector finds anything in respect of which the inspector believes on reasonable and probable grounds that an offence under this Act or the regulations has been committed.
2023, c.35, s.3
Obstruction of inspector
2023, c.35, s.3
4.2(1)No person shall obstruct, interfere with or fail to cooperate with an inspector who is carrying out or attempting to carry out an inspection under this Act.
4.2(2)A refusal of consent to enter a private dwelling is not and shall not be considered to be obstructing or interfering within the meaning of subsection (1), except if an entry warrant has been obtained.
2023, c.35, s.3
Authority of Chair
Repealed: 2016, c.28, s.129
2016, c.28, s.129
5Repealed: 2016, c.28, s.130
1980, c.41, s.5; 2016, c.28, s.130
Necessity of licence
6(1)No person shall
(a) operate or hold themselves out as operating an agency unless that person holds a licence to operate an agency,
(b) act or hold themselves out as acting as an agent unless that person holds a licence to act as an agent,
(c) use or carry handcuffs or a baton while acting as a security guard unless that person holds a security guard licence bearing an authorization to carry batons or handcuffs, and
(d) provide guard dog services unless that person holds a licence referred to in paragraph 7(1)(g).
6(2)An agent who acts otherwise than as an employee of an agency shall be deemed to be both an agency and an employee of that agency, and shall not act unless licensed both as an agency and as an agent.
6(3)No person who is the holder of a licence to operate an agency shall employ as an agent a person who is not the holder of a licence to act as an agent.
6(4)Evidence of a statement in an advertisement, letter, card, document, writing or other mode of communication to the effect that a person operates an agency, purporting on its face to be made, promulgated or authorized by that person, is, in the absence of evidence to the contrary, proof of the fact that the person operates that agency.
R.S.1973, c.P-16, s.3; 1976, c.46, s.2; 1978, c.43, s.1; 1980, c.41, s.6; 2023, c.35, s.4
Issuance of licence
2016, c.28, s.131
7(1)The Minister may issue to a person
(a) a private investigation agency licence, authorizing that person to operate a private investigation agency;
(b) a security services licence, authorizing that person to operate all or any of, as is designated in the licence,
(i) a security guard agency,
(ii) a burglar alarm agency,
(iii) a security consulting agency;
(c) a private investigator’s licence, authorizing that person to operate as a private investigator;
(d) a security services agent’s licence, authorizing that person to act as all or any of, as is designated in the licence,
(i) a security guard,
(ii) a burglar alarm agent,
(iii) a security consultant;
(e) a temporary security services agent’s licence for any period of four consecutive weeks within a 12-month period, authorizing that person to act as all or any of, as is designated in the licence,
(i) a security guard,
(ii) a burglar alarm agent,
(iii) a security consultant;
(f) an out-of-province licence for a period of up to six months, authorizing that person to act as a private investigator or security guard, if that person
(i) resides in another jurisdiction and is authorized by the law of that jurisdiction to act as a private investigator or security guard,
(ii) on behalf of a client who resides outside the Province, makes an investigation partly outside the Province and partly within the Province, and
(iii) comes into the Province solely for the purpose of that investigation; and
(g) a licence authorizing that person to provide guard dog services.
7(2)The Minister may attach the terms and conditions to a licence that the Minister considers appropriate.
7(3)An application for a licence shall be made on a form provided by the Minister and shall be accompanied by the information and documents prescribed by regulation.
7(4)The Minister may require an applicant to furnish any additional information and may make the investigations and may conduct the examinations that the Minister considers necessary respecting the character, financial position and competency of an applicant.
7(5)Except for a licence referred to in paragraph (1)(f), an applicant for a licence shall state in the application an address for service within the Province.
7(6)No licence to operate an agency shall be issued to a person unless
(a) that the person has a principal office for the agency in the Province that complies with the requirements prescribed by regulation, and
(b) the person who manages the agency is ordinarily resident in the Province.
7(7)No licence to operate an agency shall be issued to a person if that person or the person who will manage the agency has been found guilty or convicted of an offence under the Criminal Code (Canada) that the Minister considers relevant to the fitness of the person to operate or manage the agency and no pardon has been granted in respect of the offence.
7(8)No licence to act as an agent shall be issued to a person if that person has been found guilty or convicted of an offence under the Criminal Code (Canada) that the Minister considers relevant to the fitness of the person to act as an agent and no pardon has been granted in respect of the offence.
R.S.1973, c.P-16, s.4; 1977, c.40, s.1; 1980, c.41, s.7; 2016, c.28, s.132; 2023, c.35, s.5
Obligation to obtain training in use of batons or handcuffs
2023, c.35, s.6
7.1No person shall operate or hold themselves out as operating an agency that provides the service of security guards who carry batons or handcuffs unless 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.
2023, c.35, s.6
Authorization to carry batons or handcuffs
2023, c.35, s.6
7.2(1)An applicant for or holder of a security guard licence may apply to the Minister for an authorization that allows them to carry batons or handcuffs.
7.2(2)An application for an authorization shall be made on a form provided by the Minister and shall be accompanied by a certificate confirming the applicant’s successful completion of a training program in the use of batons or handcuffs that is approved by the Minister.
7.2(3)If the Minister issues an authorization to an applicant who
(a) is an applicant for a security guard licence, the Minister shall issue a security guard licence that bears the authorization to carry batons or handcuffs, or
(b) is a holder of a security guard licence, the Minister shall replace their licence with a security guard licence that bears the authorization to carry batons or handcuffs.
2023, c.35, s.6
Grounds for refusal of licence
8(1)On application, the Minister shall issue a licence to a person to operate an agency unless, after making the inquiry that the Minister considers necessary, the Minister is of the opinion that
(a) the person does not comply with the requirements of this Act or the regulations for a licence;
(b) the person has knowingly made or caused to be made a false or misleading statement in the application for the licence;
(c) having regard to the person’s financial position, the person cannot reasonably be expected to be financially responsible in the conduct of the person’s business;
(d) the person, or the person who will manage the agency, is not competent to act responsibly in the conduct of the business that would be authorized by the licence;
(e) the past conduct of the person, or the person who will manage the agency, affords reasonable grounds for belief that the business will not be carried on in accordance with law and with honesty and integrity;
(f) if the person is a corporation, partnership or association of natural persons,
(i) the officers or directors of the corporation or the members of the partnership or association of natural persons are not competent to act responsibly in the conduct of the business, or
(ii) the past conduct of any of the following persons affords reasonable grounds for belief that the business will not be carried on in accordance with law and with honesty and integrity:
(A) the officers or directors of the corporation;
(B) a shareholder of the corporation who owns or controls 10% or more of its issued and outstanding voting shares; or
(C) the members of the partnership or association of natural persons;
(g) the person, or the person who will manage the agency, is not in a position to observe or carry out the provisions of this Act or the regulations;
(h) the person, or the person who will manage the agency, does not have the experience and training that the Minister considers necessary to operate an agency or the experience and training, if any, prescribed by regulation;
(i) the person, or the person who will manage the agency, is carrying on activities that, if a licence is issued, are or will be in contravention of this Act or the regulations;
(j) the person, or the person who will manage the business, is engaged in or proposes to engage in an activity, in addition to operating the agency, that may give rise to a conflict of interest;
(k) the proposed name of the agency is so like or similar to the name of an existing agency as to be likely to cause confusion between them or to mislead persons into believing that the agency is an existing agency; or
(l) any other ground for refusal to issue a licence that is prescribed by this Act or the regulations exists.
8(2)On application, the Minister shall issue a licence to a person to act as an agent unless, after making the inquiry that the Minister considers necessary, the Minister is of the opinion that
(a) the person does not comply with the requirements of this Act or the regulations for a licence,
(b) the person has knowingly made or has caused to be made a false or misleading statement in the application for a licence,
(c) the past conduct of the person affords reasonable grounds for belief that the person will not act as an agent in accordance with law and with honesty and integrity,
(d) the person is not in a position to observe or carry out the provisions of this Act or the regulations,
(e) the person does not have the experience and training that the Minister considers necessary to act as an agent or the experience and training, if any, prescribed by regulation,
(f) the person is engaged in or proposes to engage in an activity in addition to acting as an agent that may give rise to a conflict of interest, or
(g) any other ground for refusal to issue a licence that is prescribed by this Act or the regulations exists.
8(2.1)On application by a holder of a security guard agency licence, the Minister shall issue a licence to provide guard dog services to the holder of a security guard agency licence if, after making the inquiry that the Minister considers necessary, the Minister is of the opinion that, with respect to each dog to be used as a guard dog,
(a) the dog has been selected and trained as a guard dog in accordance with the standards prescribed by regulation, and
(b) the person employed by the applicant to handle the dog is the holder of a security guard licence and meets the qualifications prescribed by regulation.
8(3)No licence shall be refused under this section without giving the applicant an opportunity to be heard with counsel.
1980, c.41, s.8; 2016, c.28, s.133; 2023, c.35, s.7
When licence shall not be issued
2016, c.28, s.134
9(1)The Minister shall not issue a licence to a person who is a minor.
9(2)The Minister shall not issue a licence if in the Minister’s opinion the issuing of the licence is not in the public interest, but no licence shall be refused under this subsection without giving the applicant an opportunity to be heard with counsel.
R.S.1973, c.P-16, s.5; 2016, c.28, s.135; 2023, c.35, s.8
Police officer ineligible to hold licence
10The Minister shall not issue a licence to a person who is a police officer under the Police Act.
1980, c.41, s.9; 1983, c.4, s.16; 1987, c.N-5.2, s.26; 1988, c.67, s.9; 2016, c.28, s.136
Conditions precedent to being issued licence
2016, c.28, s.137
11(1)As a condition precedent to being issued a licence, an applicant shall
(a) unless exempted by regulation, furnish in favour of the Crown a bond or other security on a form provided by the Minister and in the amount and subject to the terms and conditions that may be prescribed by regulation,
(b) in the case of an agency, furnish proof of liability insurance in the amount prescribed by regulation, and
(c) pay to the Minister the fee, if any, prescribed by regulation to obtain the licence.
11(1.1)Any licence referred to in paragraph 7(1)(c) or (d) shall bear a photograph of the licensee.
11(2)Repealed: 2023, c.35, s.9
R.S.1973, c.P-16, s.6; 1980, c.41, s.10; 1991, c.12, s.1; 2016, c.28, s.138; 2023, c.17, s.208; 2023, c.35, s.9
Action to enforce payment under bond
12(1)When an amount is due to the Crown under a bond furnished under this Act, a person covered by the bond who
(a) suffered a loss as a result of the wilful act of an agent, and
(b) has been refused compensation or has not been paid in respect of the loss by the agent or the person who is the holder of a licence to operate an agency,
is an assignee of the right of the Crown to recover an amount under the bond equal to the lesser of
(c) the amount due to that person for the loss, or
(d) the total amount due to the Crown under the bond,
without an act by or notice by or to the Crown, and without notice to the person liable on the bond.
12(2)A person who is an assignee by virtue of subsection (1) may bring an action in that person’s own name to enforce payment under the bond, and the Crown shall not be a party to the action nor be liable for any costs in connection with the action.
12(3)The Minister shall provide a copy of the bond, certified by the Minister to be a true copy, to a person who files with the Minister an affidavit setting out that the person has suffered a loss as a result of the wilful act of the agent, and that the person has not been compensated for that loss.
12(4)A document purporting to be a copy of a bond certified by the Minister is, without proof of the appointment, authority or signature of the Minister, admissible in evidence in an action to recover on the bond and when so admitted is equally authentic and of equal weight in evidence as the original document.
1991, c.12, s.2; 2016, c.28, s.139; 2023, c.17, s.208
Duty of agency respecting change of address, membership, employment or criminal charge
2023, c.35, s.10
13(1)A holder of a licence to operate an agency shall notify the Minister in writing of any of the following within seven days:
(a) a change in their address for service or in the address of a place at which they carry on business;
(b) a change in the officers or members, in the case of a corporation, partnership or association of natural persons; and
(c) a termination of employment of an agent employed by them.
13(2)When a holder of a licence to operate an agency has been charged with an offence under the Criminal Code (Canada) or under this Act, they shall notify the Minister immediately in writing of the charge and the particulars of it.
R.S.1973, c.P-16, s.7; 1980, c.41, s.11; 2016, c.28, s.140; 2023, c.35, s.11
Duty of agent respecting change of address, training or criminal charge
2023, c.35, s.12
14(1)A holder of a licence to act as an agent shall notify the Minister in writing within seven days after
(a) a change in their address for service, or
(b) a change in their training in the use of batons or handcuffs.
14(2)When a holder of a licence to act as an agent has been charged with an offence under the Criminal Code (Canada) or under this Act, they shall notify the Minister immediately in writing of the charge and the particulars of it.
1977, c.40, s.2; 1980, c.41, s.12; 2016, c.28, s.141; 2023, c.35, s.13
Expiry and renewal of licence
15(1)Subject to section 18, a licence, except a licence referred to in paragraph 7(1)(e), (f) or (g), expires on the last day of the twenty-fourth month following the issuance or renewal of the licence unless sooner revoked.
15(2)Despite subsection (1), if a licence that was issued or renewed under this Act expires on March 31, 2017, and the licensee renews the licence on or before April 30, 2017, the licence expires on the last day of the month that next follows March 31, 2018, in which the first licence of that kind was issued to the licensee under this Act.
15(3)On application to the Minister on a form provided by the Minister, a licence, except a licence referred to in paragraph 7(1)(e), (f) or (g), may be renewed every 24 months on payment of the fee prescribed by regulation.
15(3.1)An application to renew a licence to act as an agent shall be accompanied by the information the Minister requires.
15(3.2)The Minister shall, on renewal of a security guard licence that bears an authorization referred to in section 7.2, renew the licence with one that bears that authorization.
15(3.3)Unless sooner revoked, a licence to provide guard dog services expires on the date on which the holder’s security guard agency licence expires, and, on renewal of the security guard agency licence, the Minister shall also renew the licence to provide guard dog services.
15(4)On application for renewal of a licence, a holder of a licence to operate an agency shall file with the Minister a return showing
(a) the address of each office or other place in which the holder engaged in the business during the two immediately preceding licence years,
(b) the names and addresses of each employee who acted for or was employed by the holder during the two immediately preceding licence years, and
(c) any other information that is prescribed by regulation.
R.S.1973, c.P-16, s.8; 1980, c.41, s.13; 2016, c.28, s.142; 2023, c.35, s.14
Death of licensee
16When a holder of a licence to operate an agency or a licence to provide guard dog services dies, the Minister may issue a temporary licence for a period that is stated in the licence to the holder’s executor or administrator.
R.S.1973, c.P-16, s.9; 1977, c.40, s.3; 1980, c.41, s.14; 2016, c.28, s.143; 2023, c.35, s.15
Confidential information
17(1)Without the consent of the Minister, no person shall disclose information received by the Minister or an employee of the Department of Justice and Public Safety in connection with an application or return required under this Act or in the course of an investigation authorized by this Act.
17(2)If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.
R.S.1973, c.P-16, s.10; 2013, c.34, s.30; 2016, c.28, s.144; 2016, c.37, s.148; 2019, c.2, s.113; 2020, c.25, s.86
Expiration, revocation or suspension of licence
18(1)If a holder of a licence to operate an agency or provide guard dog services ceases to operate the agency or provide guard dog services, as the case may be, the licence expires, and, immediately on ceasing to operate or provide the services, the holder shall forward their licence to the Minister.
18(1.1)After extending to the licensee an opportunity to be heard with counsel, the Minister may suspend or revoke a licence if the Minister is satisfied on reasonable grounds that
(a) the licensee has abused or exceeded the licensee’s authority or has improperly conducted themselves in the execution of the licensee’s functions,
(b) the licensee is in breach of a term or condition of the licence,
(c) the licensee has failed to maintain the bond or other security furnished by the licensee under this Act,
(d) the licensee has failed to comply with a duty imposed on the licensee by this Act or the regulations or has otherwise violated this Act or the regulations, or
(e) it is in the public interest to do so.
18(2)If the licence of a person operating an agency or providing guard dog services is revoked or suspended, immediately on its revocation or suspension, the person shall forward their licence to the Minister.
18(3)If the licence of a person acting as an agent expires, is revoked or is suspended, immediately on its expiration, revocation or suspension, the person shall forward their licence to the Minister.
18(4)A person shall forward immediately to the Minister the person’s licence if
(a) the person is licensed to act as an agent and the person has terminated their employment with an agency, or
(b) the employment of the person with an agency has been terminated by the agency.
18(5)On the suspension, revocation or expiration of a licence, an inspector may seize the licence.
R.S.1973, c.P-16, s.11; 1975, c.44, s.3; 1977, c.40, s.4; 1980, c.41, s.15; 1983, c.67, s.2; 2016, c.28, s.145; 2023, c.35, s.16
Duty to display licence
19(1)A holder of a licence to operate an agency and a holder of a licence to provide guard dog services shall display their most recent licence in a conspicuous place in the principal office of the agency in the Province.
19(2)When a person is licensed to act as an agent, a duplicate copy of the person’s licence, provided by the Minister, shall be filed by the person’s employer in the principal office in the Province of that employer.
19(3)Subsection (2) does not apply to a licence referred to in paragraph 7(1)(f).
R.S.1973, c.P-16, s.12; 1975, c.44, s.4; 1980, c.41, s.16; 2016, c.28, s.146; 2023, c.35, s.17
Duty to maintain books, documents or records
2023, c.35, s.18
20A holder of a licence to operate an agency shall keep at the principal office of the agency in the Province any book, document or record that is required under the regulations for at least six years from the date the book, document or record was made and shall ensure the book, document or record is readily accessible.
1983, c.67, s.3; 2016, c.28, s.147; 2023, c.35, s.19
Approval of uniforms, batons, handcuffs and vehicles
2023, c.35, s.20
20.1(1)A security guard agency shall not manage or supply its security guards with uniforms, batons, handcuffs or vehicles unless the Minister has approved the uniforms, batons, handcuffs or vehicles in writing, and the security guard agency shall not make any changes to any uniform, baton, handcuffs or vehicle approved by the Minister unless the Minister has approved the changes in writing.
20.1(2)Any uniform, baton, handcuffs or vehicle that a security guard agency manages or supplies to its security guards shall comply with the requirements prescribed by regulation.
2023, c.35, s.20
Duty of private investigator respecting licence
2023, c.35, s.21
21(1)No private investigator shall, while acting as a private investigator, wear a uniform or have in their possession or display a badge, shield or other evidence of authority except their licence or a business card.
21(2)A private investigator shall, while acting as a private investigator, carry their licence and produce the licence at the request of any person.
21(3)No private investigator who is also licensed as a security guard shall act as a private investigator while in uniform.
R.S.1973, c.P-16, s.13; 1980, c.41, s.17; 2016, c.28, s.148; 2023, c.35, s.22
Duty of security guard respecting licence
2023, c.35, s.23
22(1)A security guard shall, while acting as a security guard, carry their licence and produce the licence at the request of any person.
22(2)No security guard shall, while acting as a security guard, have in their possession or display any evidence of authority except their licence or handcuffs or a uniform, baton or vehicle.
R.S.1973, c.P-16, s.14; 1980, c.41, s.18; 2016, c.28, s.149; 2023, c.35, s.24
Duty of agent respecting licence
2023, c.35, s.25
23(1)Any agent other than an agent referred to in section 21 or 22 shall carry their licence and produce the licence at the request of any person while acting as an agent.
23(2)Any agent other than an agent referred to in section 21 or 22 shall not have in their possession or display any evidence of authority except their licence while acting as an agent.
1980, c.41, s.19; 2016, c.28, s.150; 2023, c.35, s.26
Prohibition respecting collection of accounts
24(1)A licence does not authorize a licensee
(a) to act as a collector of accounts or to undertake, or to hold out or advertise that the licensee will undertake, to collect accounts for any person, or
(b) to seize or repossess property or assist in the seizing or repossession of property, or to undertake, or to hold out or advertise that the licensee will undertake, to seize or repossess property or assist in the seizing or repossession of property for any person.
24(2)No licensee shall
(a) in the course of operating an agency or acting as an agent, hold out or advertise that the licensee will undertake to collect accounts, or to seize or repossess property, for any person, or
(b) display their licence, a uniform or any other indication of authority under this Act as evidence of the licensee’s authority to collect an account or assist in the collection of an account, or to seize or repossess property or assist in the seizing or repossession of property.
R.S.1973, c.P-16, s.15; 1982, c.51, s.3; 2016, c.28, s.151; 2023, c.35, s.27
Prohibition respecting holding licensee out as police officer
25No licensee shall hold the licensee out in any manner as a police officer or as performing or providing services or duties connected with a police force.
R.S.1973, c.P-16, s.16; 1982, c.51, s.4
Guard dog services
Repealed: 2023, c.35, s.28
2023, c.35, s.28
26Repealed: 2023, c.35, s.29
1976, c.46, s.3; 1980, c.41, s.20; 2016, c.28, s.152; 2023, c.35, s.29
Complaints respecting licensee
27(1)A person may make a complaint in writing to the Minister respecting the operation of an agency or the conduct of a person employed by the agency.
27(2)On receipt of a complaint in writing, the Minister shall investigate the complaint and, after extending to the licensee and the complainant the opportunity to be heard and to be represented by counsel, may suspend or revoke the licence if the Minister is satisfied on reasonable grounds that
(a) the licensee has abused or exceeded the licensee’s authority or has improperly conducted themselves in the execution of the licensee’s functions,
(b) the licensee is in breach of a term or condition of the licence,
(c) the licensee has failed to maintain the bond or other security furnished by the licensee under this Act,
(d) the licensee has failed to comply with a duty imposed on the licensee by this Act or the regulations or has otherwise violated this Act or the regulations, or
(e) it is in the public interest to do so.
27(3)Repealed: 2023, c.35, s.30
27(4)Repealed: 2023, c.35, s.30
R.S.1973, c.P-16, s.17; 1975, c.44, s.5; 1980, c.41, s.21; 1987, c.6, s.84; 1991, c.12, s.3; 2016, c.28, s.153; 2023, c.35, s.30
Power of Minister to investigate licensee
2016, c.28, s.154
28In addition to the power conferred in section 27, the Minister on the Minister’s own motion may investigate the activities of a licensee that are related to this Act and, after giving the licensee an opportunity to be heard with counsel, may suspend or revoke a licence for a reason set out in subsection 27(2).
R.S.1973, c.P-16, s.18; 2016, c.28, s.155; 2023, c.35, s.31
Powers under the Inquiries Act
Repealed: 2016, c.28, s.156
2016, c.28, s.156
29Repealed: 2016, c.28, s.157
1980, c.41, s.22; 2016, c.28, s.157
Necessity of licence to bring or maintain action
30No person who operates an agency shall bring or maintain an action in a court for the recovery of a fee or other compensation for an act done or expenditure incurred by that person in the course of that person’s business unless that person alleges and proves that the person was, at the time when the act was done or the expenditure was incurred, the holder of a licence authorizing the person to perform the act or make the expenditure.
R.S.1973, c.P-16, s.22; 1980, c.41, s.24; 2012, c.10, s.3
Judicial review
2016, c.28, s.158
30.1The decision of the Minister to refuse to issue a licence or to suspend or revoke a licence is final and shall not be appealed but is subject to judicial review.
2016, c.28, s.158
Offences and penalties
31(1)A person who violates or fails to comply with a provision of the regulations commits an offence.
31(2)A person commits an offence who
(a) furnishes false information in an application under this Act or in a statement or return required to be furnished under this Act or the regulations, or
(b) fails to comply with an order, direction or other requirement made under this Act or the regulations.
31(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
31(4)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
R.S.1973, c.P-16, s.23; 1990, c.61, s.115
Statement as evidence
2016, c.28, s.159
32A statement purporting to be certified by the Minister as to any of the following matters is, without proof of the appointment, authority or signature of the person purporting to have certified it, admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts stated in it:
(a) the licensing or non-licensing of a person;
(b) Repealed: 2023, c.35, s.32
(c) the filing or non-filing of a document or material required or permitted to be filed with the Minister;
(d) the time when the facts on which proceedings are based came to the knowledge of the Minister; or
(e) any other matter relating to the licensing, non-licensing, filing or non-filing or to any such person, document or material.
R.S.1973, c.P-16, s.24; 1976, c.46, s.4; 2016, c.28, s.160; 2023, c.35, s.32
Administration of Act
2016, c.28, s.161
32.1The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
2016, c.28, s.161
Regulations
33The Lieutenant-Governor in Council may make regulations
(a) respecting applications for licences;
(a.1) prescribing the information and documents that accompany an application for a licence or renewal of a licence;
(a.2) prescribing experience and training requirements for agencies and agents;
(b) prescribing fees to be paid for licences;
(b.1) authorizing the fee for a licence to be paid in instalments at designated times;
(b.2) designating times for the purposes of paragraph (b.1);
(c) respecting standards for the use, selection, keeping and training of dogs to be used in providing the services of guard dogs;
(d) Repealed: 2023, c.35, s.33
(e) respecting information to be contained in a licence;
(e.1) prescribing powers and duties of inspectors for the purposes of paragraph 4.1(1)(e);
(e.2) prescribing, for the purposes of paragraph 7(6)(a), the requirements of the principal office of an agency in the Province;
(e.3) prescribing qualifications for the purposes of paragraph 8(2.1)(b);
(f) governing the amount, terms and conditions of a bond or other security required to be furnished under section 11;
(g) prescribing the amount of liability insurance required for purposes of section 11;
(h) exempting persons from the provisions of paragraph 11(1)(a);
(h.1) prescribing, for the purposes of subsection 20.1(2), the requirements of uniforms, batons, handcuffs and vehicles;
(i) governing the uniforms, badges and insignia that can be worn and the equipment that can be used by security guards;
(j) requiring books, documents or records to be kept and returns to be made to the Minister;
(k) prescribing standards with respect to the practice and procedures used by agencies and agents in providing services that are subject to this Act;
(k.1) respecting forms for the purposes of this Act and the regulations;
(k.2) defining any word or expression used but not defined in this Act for the purposes of this Act, the regulations or both;
(l) generally, for the better administration of this Act.
R.S.1973, c.P-16, s.25; 1975, c.44, s.6; 1976, c.46, s.5; 1980, c.41, s.25; 1991, c.12, s.4; 2016, c.28, s.162; 2023, c.35, s.33
SCHEDULE A
Column I
Provision
Column II
Category of Offence
 
  4.2(1)..............
E
  6(1)(a)..............
F
  6(1)(b)..............
F
  6(1)(c)..............
E
  6(1)(d)..............
E
  6(2)..............
F
  6(3)..............
F
  7.1..............
E
13(1)(a)..............
C
13(1)(b)..............
C
13(1)(c)..............
C
13(2)..............
C
14(1)(a)..............
C
14(1)(b)..............
C
14(2)..............
C
17(1)..............
F
18(1)..............
F
18(2)..............
F
18(3)..............
F
18(4)(a)..............
F
18(4)(b)..............
F
19(1)..............
B
19(2)..............
B
20..............
C
21(1)..............
F
21(2)..............
B
21(3)..............
F
22(1)..............
B
22(2)..............
F
23(1)..............
B
23(2)..............
F
24(2)(a)..............
F
24(2)(b)..............
F
25..............
I
31(1)..............
B
31(2)(a)..............
F
31(2)(b)..............
F
1990, c.61, s.115; 2023, c.35, s.34
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to April 1, 2024.