Private Security & Investigative Services

Frequently Asked Questions

These FAQs help explain the new Private Security and Investigative Services Act, 2005. They are a guide only. If you have a question we have not answered on this website, please contact:

The Act

Why did you replace the Private Investigators and Security Guards Act?

The private security industry has grown dramatically over the past 40 years, from 4,000 licensed private investigators and security guards in 1966, to over 32,000 today. There are about 600 licensed agencies in the province providing private investigation and security guard services.

The new legislation and regulations will ensure that practitioners are qualified to provide protective services. By regulating things like uniforms and equipment use, we will ensure that the private security industry serves us all well.

Licences

NOTE: If you are an in-house security guard not previously licensed, you have until August 23, 2008, to get your licence.

Do I need a security guard licence?

You may need a licence if you are paid to do work that consists mainly of protecting persons or property. This includes bodyguards, bouncers and loss prevention personnel.

Examples:

1. You will need a licence if your main responsibility in a bar or restaurant, for instance, is controlling entrances and patrolling the property to ensure the safety and security of the establishment and its occupants.
2. You will not need a licence if you are a hotel, motel or inn manager who may inspect common areas during your shift. Those checks are not the main activity of a manager in this setting. Overseeing the entire operation of the facility, as well as ensuring guest comfort, would typically be your main activity or responsibility.
3. You will not need a licence if you are a store clerk who may be required to open or lock up at the end of the business day. This is not your main activity. Selling and stocking merchandise would be considered your main activities.

I hold a valid licence under the previous legislation. Is that licence still valid?

Yes. Security guard and private investigator licences issued under the previous act will continue to be valid until they reach their expiry date.

Do I need a private investigator's licence?

You may need a private investigator's licence if you are mainly employed and paid for the following activities:

1. Conducting investigations in order to provide information
2. Conducting investigations into the character or actions of a person
3. Conducting investigations into an individual's business or occupation
4. Conducting investigations into the whereabouts of persons or property.

What are the minimum requirements to hold a security guard/private investigator licence now?

To be eligible for a licence, you must:

• Be 18 years of age or older
• Be eligible to work in Canada, and
• Have no convictions for a prescribed offence for which you have not been granted a pardon.

Who is responsible for obtaining my licence - my employer or me?

You are.

This important change means that you are free to change employers or obtain additional employment with another security firm without having to be re-licensed.

It is now your responsibility to renew your licence every year.

How much does a licence cost and for how long is it valid?

The cost of a licence is:

Security Guard/Private Investigator	$80
Dual Individual Licence	$160
Agency Licence Fees	$700
Dual Agency Licence	$1,400

These rates were set on September 6, 2006.

All licences are valid for one year from the date of issue.

How do I get a licence application?

There are two ways you can get an application form and instructions:

• You can pick up a copy of the information from the ministry's Private Security and Investigative Services Branch located at 777 Bay Street, 3rd floor, Toronto or
You can download the information from this website.

We will only accept photographs that are of passport quality. Photographs are valid for five (5) years.

Clean Criminal Record

Can I still get a licence if I have a criminal record?

The new act lists over 80 different offences in the Clean Criminal Record regulation that could prevent you from getting a licence if you have not received a pardon. These are known as prescribed offences. Depending on your record, you may not be eligible to hold a licence. Please visit the Act and Regulations section of the website to review the prescribed offences in the Clean Criminal Record regulation. If you have been convicted of an offence that is not listed in the Clean Criminal Record regulation, you may be requested to attend a hearing by the Registrar.

How do I obtain a pardon?

For information on how to receive a pardon, please contact your regional National Parole Board office (see below) or visit the National Parole Board website at http://www.npb-cnlc.gc.ca/. Applications and further information are available under "Pardons." You may also call the Pardon Section's toll-free number at 1-800-874-2652. Please note that you do not need a lawyer or representative to apply for a pardon.

Ontario Region
National Parole Board
516 O'Connor Drive
Kingston ON K7P 1N3
Telephone: 1-800-518-8817
Fax: (613) 634-3861

How long does it take to get a pardon?

It may take 12 - 18 months to obtain a pardon depending on the type of offence. Some have taken longer than 18 months to process as the processing time can vary in each case.

Do I need a pardon to be eligible for a licence if I have been convicted of an offence that is not listed in the Clean Criminal Record regulation?

No; however, the ministry encourages anyone convicted of an offence to seek a pardon and you may be requested to attend a hearing (see Backgrounders - "Hearings and Appeals.") Please note that all offences and pending charges must be declared on your application form.

Do I have to undergo a criminal records check every year?

Yes. A criminal records check is part of the standard yearly application process.

Exemptions

NOTE: Most exemptions for in-house security guards have been removed. This includes security guards working in the hospitality, retail, commercial, manufacturing, entertainment and other sectors.

If you operate a business that employs its own in-house security guards, you have until August 23, 2008, to register. Your security personnel have until August 23, 2008, to get their individual licences.

Who does this act not apply to?

• Practicing barristers or solicitors
• People who receive payment for work that consists mainly of searching for and providing information on:
  • The financial credit rating of individuals,
  • The qualifications and suitability of people applying for insurance and indemnity bonds, or
  • The qualifications and suitability of people as employees or prospective employees
• People who are acting as peace officers
• Insurance adjusters and their employees licensed under the Insurance Act while acting within the regular scope of their employment
• Insurance companies and their employees licensed under the Insurance Act while acting within the regular scope of their employment
• People living outside Ontario who are licensed employees of a private investigation agency licensed or registered in a jurisdiction outside Ontario, but elsewhere in Canada who:
  • On behalf of a person living outside Ontario, make an investigation or inquiry partly outside Ontario and partly within Ontario, and
  • Come into Ontario solely for the purpose of that investigation or inquiry
• People who are paid for work that consists mainly of providing advice about security requirements but who are not selling the services of private investigators or security guards
• People who are paid for work that consists mainly of providing an armoured vehicle service
• Locksmiths, or
• Any class of people exempted by the regulations.

Private Investigators

People are exempt from having to be licensed as private investigators if they are conducting an investigation authorized by another federal or provincial act.

Can I apply for an exemption?

No. There is no exemption request mechanism available. If you think you may be exempt from the requirements of the act and its regulations and are not sure, please contact the Private Security and Investigative Services Branch to find out.

Code of Conduct

Why is there a Code of Conduct? What does it mean?

The Code of Conduct outlines standards for the industry so that businesses and individuals know how to perform their duties in a professional, honest and respectful way. Discrimination and racism will not be tolerated, nor will negligence or unlawful conduct under the code.

Public Complaints

How can I report a complaint about a security guard or private investigator?

You can file a complaint with a licensee's employer or with the registrar of the Private Security and Investigative Services Branch.

To file a complaint with the registrar, you must:

• Complete the written complaint form which is available on this website under Licences and Forms
• Sign the form and submit it to the Private Security and Investigative Services Branch within 90 days of the incident/occurrence. If you want to file after 90 days, you will need the consent of the registrar.

For more information, contact:
Private Security and Investigative Services Branch
777 Bay Street, 3rd Floor
Toronto Ontario M7A 2J6
416-212-1650 or 1-866-767-7454

Registered Businesses

What businesses need to register?

Any business that directly employs its own in-house security personnel, but is not in the business of selling security services, will have to register with the Private Security and Investigative Services Branch. This could include, but is not limited to, retail stores, hotels and hospitals.

Businesses that use security staff from a licensed security business do not need to register.

The deadline for registration is August 23, 2008.

Will a business need to register and get a licence?

No. A business will need to do one or the other.

How long is a registration valid?

One year.

What does a registration cost?

$80 per year.

Licensed Businesses

Which agencies will require a licence?

Any business that actually sells the services of security guards and/or private investigators to others will require a licence.

As an employer, am I still responsible for getting licences for my employees?

No. Security guards and private investigators are responsible for getting their own licences and for renewing them on a yearly basis. Employers are, however, responsible for ensuring that their employees are licensed at all times.

As an employer, can I contact the Private Security and Investigative Services Branch to find out the status of an individual's licence?

Yes. Employers and potential employers can call the branch to find out if a person holds a valid licence. We are currently looking at a web-based solution for these inquiries to make this easier for employers but have not finalized a plan yet. When we have a system in place, we will update our website.

I'm a security consultant. Do I need a licence?

If you are paid for work that consists mainly of providing advice about security requirements but are not selling or recommending the services of private investigators or security guards, you will not need a licence.

Example: If you are in the business of educating customers about various types or levels of security systems, then you do not need a licence.

Do I have to apply for a new licence when the new act is proclaimed?

Your business licence issued under the previous act will continue to be valid until it reaches its expiry date. At that time you will have to renew your licence under the new act.

Have the fines for licensed businesses changed with the new act?

Yes. Licensed businesses face fines of up to $250,000.

In addition to the fines, the directors, partners and officers of an agency can also face imprisonment of up to one year.

Is insurance coverage optional under this new act?

No. A minimum of $2 million general liability insurance is now required for all licensed security businesses. The deadline for getting this required coverage is August 23, 2008.

Vehicles

What markings do security vehicles now have to have?

Markings on security vehicles are not mandatory. However, if a business chooses to mark its vehicles, the regulation outlines the requirements that must be followed:

• The word "security" must be prominently displayed in a contrasting colour to the vehicle and on both sides of it.
• Lettering must be 10 centimetres high on the sides of the vehicle and 8 centimetres high on the front and back of the vehicle.
• Vehicles must not use red, blue, gold or yellow stripes or any combination of these except as part of the licensee's crest or logo.

*The word "security" or "sécurité" may also appear in or as part of the licensee's crest or logo.

The following words must not appear on private security vehicles:

• Detective or détective
• Private Investigator or détective privé
• Police
• Officer or agent de police
• Law enforcement or exécution de la loi.

It could be really expensive to change the marking on all company vehicles. Does the ministry have a plan to assist businesses with the costs of complying?

Yes. The ministry will permit a phase-in period so businesses don't have to change their vehicle markings until August 23, 2009.

Equipment

Are security guards and private investigators allowed to use batons and handcuffs under the new act?

Security guards and private investigators are permitted to use handcuffs and batons. Batons can be used for defensive purposes only.

The regulation prohibits the use of cable ties or strip ties.

What kind of training will security guards need so they can use this equipment?

Security guards will have to take the required training established by the ministry to use handcuffs and carry batons. The ministry is now developing training materials.

Animals

The act has a regulation on the use of dogs. What can dogs be used for?

The ministry recognizes the growing usefulness of, and demand for, dogs in the security industry. As a result, we developed a regulation that takes both the industry's needs and the care and control requirements of the animals into account.

The regulation does permit the use of dogs for patrolling purposes but only under certain conditions (e.g. must be under the care and control of a handler.) Dogs can also be used for tracking (e.g. missing persons) and detection purposes (e.g. drugs, explosives).

Dog handlers must keep their dog on a lead at all times.

Security guards cannot use dogs for crowd control.

Will special training be required to use a dog?

Yes. Dog handlers will need special training. The ministry is developing the training and testing materials.

Will licensed businesses be able to provide "drop and guard" services? (Dogs being left alone to protect/patrol property)

No.

Does the regulation ban breeds of dogs?

No. The regulation does not go beyond any current provincial legislation that addresses banned breeds.

Uniforms

Is there a regulation about uniforms?

Yes. The act includes a regulation on uniforms so people will be able to differentiate security guards from police officers. Uniforms also enhance the overall professionalism of security guards.

Security uniforms must include:

• A company crest on the chest of the outer garment
• The term "SECURITY","SÉCURITÉ", SECURITY GUARD" or "AGENT DE SÉCURITÉ" permanently attached on the chest of the outer garment in block letters in a contrasting colour at least 1.5 centimetres high. The terms must be attached between 2 and 3 centimetres below the name, logo or crest of the licensee that employs the security guard if the name, logo or crest appears elsewhere on the uniform in addition to the chest of the outermost garment.
• The term "SECURITY" or "SÉCURITÉ" on the back of the outermost garment, no less than 10 centimetres high (blazers, sweaters and collared shirts excepted). "SECURITY" or "SÉCURITÉ" must be in upper case letters and be in a contrasting colour.
• An identification tag (with name or licence number) on the outer garment.

Security uniforms must not include:

• Black or navy blue collared uniform shirts
• Rank chevrons
• Trouser stripes (except reflective safety stripes)
• Police-style forage caps

It could be really expensive to change uniforms. Does the ministry have a plan to assist businesses with the costs of complying?

Yes. The ministry will permit a phase-in period so businesses don't have to change their uniforms until August 23, 2009.

Training and Testing

The Ministry of Community Safety and Correctional Services is developing materials to support the training standards and testing requirements under the Private Security and Investigative Services Act, 2005.

My employer trained me several years ago. Is this training considered equivalent or, do I have to take my training all over again?

Training equivalencies will be granted to persons based on their work experience as a security practitioner in Ontario. Exemptions will be extended to people with relevant work experience or people working in related security fields (i.e. police officer, military police, and in-house security).

Work experience means having worked full-time as a security practitioner for at least six continuous months in the three years prior to the training regulation coming into force.

Can I just take the test if I have already been trained?

Yes, providing you have worked as a security guard or private investigator in Ontario prior to proclamation, you will be able to take the test without taking additional training.

Who is responsible for arranging my required training, my employer or me?

Under the new act, you will be responsible for arranging your training. However, the ministry will not prevent employers from taking an active role to assist individuals in meeting their training requirements.

Who pays for the required training?

Training costs will be the responsibility of licensees. The ministry will not pay for training.

Use of Force Report

Who is required to complete Use of Force reports?

Only licensed business entities are required to complete use of force reports. Registered employers (i.e. businesses that employ in-house security personnel and are not licensed to sell security services) are not required by the Private Security and Investigative Services Act to complete or retain these reports.