Private Security & Investigative Services

Public Complaints

Brochure (pdf – 245kb)

Facilitation process rules

Public Complaints
Time Limit for Submitting a Complaint
Representation
How to Submit a Complaint
How Complaints are Processed
Facilitation Process
Withdrawing a Complaint
Dismissal of a Complaint
Questions

Public Complaints

Members of the public may file complaints concerning security guards and private investigators licensed by the Ministry of Community Safety and Correctional Services. The Ministry will review complaints alleging that a licensee has:

• breached the Code of Conduct established under the regulations, or

• failed to comply with the Private Security and Investigative Services Act, 2005 or its regulations, or

• breached a licence condition.

Code of Conduct complaints against licensed security guards or private investigators must pertain to their conduct while on duty. Complaints can also be made against licensed business entities, their officers, directors, partners and sole proprietors while they are acting in the course of conducting the licensed business.

Complaints about individuals or agencies not licensed by the Ministry under the Act may also be reviewed and responded to by the Branch.

Complaints about labour relations, such as wages, work stoppages, grievances and other employment issues do not fall within the scope of the PSISA. For more information about labour relations complaints please contact the Ministry of Labour at http://www.labour.gov.on.ca.

Time Limit for Submitting a Complaint

A complaint must be filed within 90 days of the incident that gives rise to the complaint. In some cases, complaints submitted past the deadline may be considered.

Representation

You can choose a lawyer or an agent to represent you in filing a complaint. However, you are responsible for all associated costs.

The person against whom the complaint has been filed can also choose to be represented by a lawyer or agent at his or her own expense.

If you are filing a complaint on behalf of someone else, you must include that person’s name, address and contact information on the Public Complaint Form and indicate your relationship to that person.

How to Submit a Complaint

Whenever possible, the Public Complaint Form should be completed in writing.

You should include the names of witnesses, along with their addresses and telephone numbers. Provide as much information as possible to allow for follow-up by the Ministry. A date and signature must be included.

There is no fee for filing a complaint.

You can deliver the completed form in person or mail it to:

The Registrar/Director
Private Security and Investigative Services Branch Ministry of Community Safety and Correctional Services
777 Bay Street, 3rd Floor
Toronto, Ontario M7A 2J6

The public complaint form may also be submitted by fax to 416-212-1603, or scanned and e-mailed to PSIS.PrivateSecurity@ontario.ca.

Staff are available to respond to questions at 1-866-767-7454 during regular business hours.

How Complaints are Processed

The Ministry will endeavour to prepare and mail an acknowledgement letter within fifteen (15) business days of receipt of your complaint.

Depending on the nature of the complaint, it may lead to:

• investigation
• referral to police of jurisdiction or to a more appropriate office or ministry
• licence revocation
• referral to a facilitator which could result in conditions being placed on the licensee’s licence
• correspondence (e.g. cease and desist letter)
• dismissal of a complaint
• inspection of an agency

If the complaint is classified as an alleged violation of the Act or its regulations or as a breach of a licence condition, the business entity may be investigated.

If the complaint is regarding the conduct of a licensed business entity, the licensed business entity may be subject to a Compliance Inspection.

If the complaint is classified as a breach of the Code of Conduct, it will be forwarded to a facilitator for resolution. Here, the Registrar may also propose to revoke the licensee’s licence or have the alleged breach investigated.

Facilitation Process

The Act allows the Ministry to address alleged Code of Conduct violations through a Facilitation Process. This occurs after the Ministry reviews the complaint and finds it to be in regard to a breach of the Code of Conduct by a licensee. Please note that this option is not available for complaints about a security guard or private investigator who is not licensed under the Act.

A facilitator will be assigned and a letter will be sent to the complainant and the subject of the complaint, advising the subject that his or her participation in the facilitation process is mandatory, as outlined in Subsection 19(8) of the Act.

The facilitator will attempt to resolve the complaint either through face-to-face meetings or by teleconference.

Following the facilitation, the facilitator will communicate the results of the facilitation to the Registrar who will act upon the facilitator’s recommended remedial course of action, if any. The Registrar will make the facilitator’s recommended remedial course of action a condition on the licensee’s licence.

The recommended remedial course of action may involve training in anger management, race relations, communication skills and interpersonal relations.

If the licensee fails to meet the Registrar’s imposed condition(s), the Registrar may propose to revoke the licensee’s licence and serve a written notice to that effect.

The licensee may then request an opportunity to be heard before the Registrar within 21 days to show cause why the Registrar should not take the proposed action.

For more information about the facilitation process, download the facilitation process rules.

Withdrawing a Complaint

A complainant may formally withdraw a complaint at any time before a decision is rendered.

The withdrawal must be in writing, signed and delivered to the Registrar, either in-person, by mail, by fax or by e-mail and should include the reason for withdrawing the complaint.

In cases where the Ministry receives a complaint providing sufficient concern such that it warrants a) a licence condition resulting from facilitation, b) an investigation, c) an inspection, or d) a licence revocation, the complainant’s “withdrawal” of his/her complaint may not stop the Ministry from pursuing such action(s). A complainant may not be entitled to receive any information regarding the status or outcome of the complaint if it is withdrawn.

Dismissal of a Complaint

As outlined in subsection 19(4) of the Act, the Registrar may decline to deal with a complaint related to a breach of the Code of Conduct Regulation if, in the Registrar’s opinion, the complaint is deemed frivolous, vexatious or not made in good faith. This includes a complaint that is:

• trivial;
• lacks seriousness;
• lacks a reasonable purpose;
• futile;
• made out of anger;
• made with the desire to seek retribution;
• made with the intent to harass or annoy;
• made with the intent to deceive or mislead;
• made with an improper purpose or ulterior motive.

In situations where the complainant cannot be contacted or where the complainant will not participate in the facilitation process, the Deputy Registrar will advise the complainant that his/her complaint cannot be proceeded with pursuant to subsection 19(8) of the Act. A letter will be sent to the complainant’s last known address advising of this decision.

Please Note: Only the facilitation process regarding the complaint will be dismissed under Subsection 19(8). Any and all other processes being undertaken regarding the complaint (i.e. investigation, inspection or licence revocation) will not be dismissed.

Questions

Staff are available to respond to questions at 1-855-785-4499 during regular business hours.

You can also send an email to psis.privatesecurity@ontario.ca.