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ontario regulation 146/13
made under the
Provincial Offences Act
Made: May 1, 2013
Filed: May 6, 2013
Published on e-Laws: May 7, 2013
Printed in The Ontario Gazette: May 25, 2013
Amending Reg. 950 of R.R.O. 1990
(PROCEEDINGS COMMENCED BY CERTIFICATE OF OFFENCE)
1. Regulation 950 of the Revised Regulations of Ontario, 1990 is amended by adding the following Schedules:
Schedule 74
Private Security and Investigative Services Act, 2005
Item
Column 1
Column 2
1.
Business entity employing private investigator — fail to register as employer as required
clause 5 (a)
2.
Business entity employing security guard — fail to register as employer as required
clause 5 (a)
3.
Business entity employing private investigator — fail to give Registrar mailing address for service in Ontario
clause 5 (b)
4.
Business entity employing security guard — fail to give Registrar mailing address for service in Ontario
clause 5 (b)
5.
Business entity employing private investigator — fail to notify Registrar within five days after change in mailing address
clause 5 (b)
6.
Business entity employing security guard — fail to notify Registrar within five days after change in mailing address
clause 5 (b)
7.
Act or hold out as private investigator without appropriate licence
section 6
8.
Act or hold out as security guard without appropriate licence
section 6
9.
Act or hold out as private investigator — not employed as required and not sole proprietor or partner of licensed business entity
section 6
10.
Act or hold out as security guard — not employed as required and not sole proprietor or partner of licensed business entity
section 6
11.
Sell or hold out as available to sell services of private investigator without appropriate licence
clause 7 (1) (a)
12.
Sell or hold out as available to sell services of security guard without appropriate licence
clause 7 (1) (a)
13.
Sell services of private investigator from more than one place — main office or branch office not designated
subsection 7 (2)
14.
Sell services of security guard from more than one place — main office or branch office not designated
subsection 7 (2)
15.
Act or offer services under licence without Registrar consent after change in officers
subsections 8 (1) and (2)
16.
Act or offer services under licence without Registrar consent after change in directors
subsections 8 (1) and (2)
17.
Act or offer services under licence without Registrar consent after change in partners
subsections 8 (1) and (2)
18.
Licensee — act or hold out as available to act with respect to collection of accounts
clause 9 (1) (a)
19.
Licensee — act or hold out as available to act as bailiff
clause 9 (1) (b)
20.
Licensee — act or hold out as available to act with respect to eviction under the Residential Tenancies Act, 2006
clause 9 (1) (c)
21.
Act or offer services under licence — does not have clean criminal record
subsection 10 (2)
22.
Act or offer services under licence — is not entitled to work in Canada
subsection 10 (2)
23.
Fail to return licence to Registrar as required after ceasing to meet licensing requirement
subsection 10 (2)
24.
Act as security guard and private investigator at same time
paragraph 3 of section 12
25.
Licensee — fail to attend meeting required by facilitator
subsection 19 (8)
26.
Obstruct investigator
subsection 22 (7)
27.
Withhold something relevant from investigator
subsection 22 (7)
28.
Conceal something relevant to investigation
subsection 22 (7)
29.
Alter something relevant to investigation
subsection 22 (7)
30.
Destroy something relevant to investigation
subsection 22 (7)
31.
Person not on premises — fail to produce something required by investigator
subsection 22 (8)
32.
Person not on premises — fail to assist investigator to produce material in readable form
subsection 22 (8)
33.
Person on premises — fail to produce something required by inspector
subsection 27 (5)
34.
Person on premises — fail to assist inspector to produce material in readable form
subsection 27 (5)
35.
Obstruct inspector
subsection 27 (6)
36.
Withhold something relevant from inspector
subsection 27 (6)
37.
Conceal something relevant to inspection
subsection 27 (6)
38.
Destroy something relevant to inspection
subsection 27 (6)
39.
Licensed business entity — fail to carry liability insurance as required
section 30
40.
Business entity — employ private investigator who does not have appropriate licence
section 31
41.
Business entity — employ security guard who does not have appropriate licence
section 31
42.
Licensee — fail to file mailing address for service
paragraph 1 of section 32
43.
Licensee — fail to inform Registrar in writing within five business days after change in mailing address for service
paragraph 1 of section 32
44.
Licensee — fail to file mailing address of branch office
paragraph 2 of section 32
45.
Licensee — fail to inform Registrar in writing within five business days after change in mailing address of branch office
paragraph 2 of section 32
46.
Licensee — fail to file street address of office or branch office where different from mailing address
paragraph 3 of section 32
47.
Licensee — fail to inform Registrar in writing within five business days after change in street address of office or branch office
paragraph 3 of section 32
48.
Carry on business under name other than licensed name
section 33
49.
Fail to carry private investigator licence
clause 34 (1) (a)
50.
Fail to identify self as private investigator on request
clause 34 (1) (b)
51.
Fail to produce private investigator licence on request
clause 34 (1) (c)
52.
Possess identification or symbol of authority as private investigator other than licence
subsection 34 (2)
53.
Fail to carry security guard licence
clause 35 (1) (a)
54.
Fail to identify self as security guard on request
clause 35 (1) (b)
55.
Fail to produce security guard licence on request
clause 35 (1) (c)
56.
Security guard — fail to wear uniform that complies with the regulations — name, logo or crest of licensed employer not affixed as required
subsection 35 (2)
57.
Security guard — fail to wear uniform that complies with the regulations — term “Security”, “Sécurité”, “Security Guard” or “Agent de sécurité” in required form and colour not affixed to front of uniform as required
subsection 35 (2)
58.
Security guard — fail to wear uniform that complies with the regulations — word “Security” or “Sécurité” in required form and colour not affixed to back of uniform as required
subsection 35 (2)
59.
Security guard — fail to wear uniform that complies with the regulations — proper identification tag not affixed to uniform as required
subsection 35 (2)
60.
Security guard — fail to wear uniform that complies with the regulations — uniform has rank chevrons
subsection 35 (2)
61.
Security guard — fail to wear uniform that complies with the regulations — uniform has black or navy blue shirt with collar
subsection 35 (2)
62.
Security guard — fail to wear uniform that complies with the regulations — trousers have stripes that are not reflective safety stripes
subsection 35 (2)
63.
Possess identification or symbol of authority as security guard not authorized by Act
subsection 35 (4)
64.
Licensed business entity — fail to display licence as required
subsection 36 (1)
65.
Licensed business entity — fail to display branch office licence in branch office
subsection 36 (2)
66.
Fail to return suspended licence
paragraph 1 of section 37
67.
Fail to return revoked licence
paragraph 1 of section 37
68.
Fail to return licence when branch office discontinued
paragraph 2 of section 37
69.
Fail to return licence when business discontinued
paragraph 3 of section 37
70.
Possess fake licence
clause 38 (a)
71.
Possess altered licence
clause 38 (a)
72.
Possess fraudulently obtained licence
clause 38 (a)
73.
Display or permit display of fake licence
clause 38 (a)
74.
Display or permit display of altered licence
clause 38 (a)
75.
Display or permit display of fraudulently obtained licence
clause 38 (a)
76.
Lend licence to person or permit to person to use licence
clause 38 (b)
77.
Display licence not issued to him, her or it
clause 38 (c)
78.
Represent as own licence not issued to him, her or it
clause 38 (c)
79.
Display suspended licence
clause 38 (d)
80.
Represent suspended licence as valid
clause 38 (d)
81.
Display revoked licence
clause 38 (d)
82.
Represent revoked licence as valid
clause 38 (d)
83.
Display licence when no longer meeting licensing requirement
clause 38 (e)
84.
Represent licence as valid when no longer meeting licensing requirement
clause 38 (e)
85.
Licensee — hold out as providing services or performing duties connected with police
section 39
86.
Private investigator — use term “Detective”
paragraph 1 of section 40
87.
Private investigator — use variation of term “Detective”
paragraph 1 of section 40
88.
Private investigator — use term “Private Detective”
paragraph 1 of section 40
89.
Private investigator — use variation of term “Private Detective”
paragraph 1 of section 40
90.
Security guard — use term “Detective”
paragraph 1 of section 40
91.
Security guard — use variation of term “Detective”
paragraph 1 of section 40
92.
Security guard — use term “Private Detective”
paragraph 1 of section 40
93.
Security guard — use variation of term “Private Detective”
paragraph 1 of section 40
94.
Business selling services of private investigators or security guards — use term “Detective”
paragraph 1 of section 40
95.
Business selling services of private investigators or security guards — use variation of term “Detective”
paragraph 1 of section 40
96.
Business selling services of private investigators or security guards — use term “Private Detective”
paragraph 1 of section 40
97.
Business selling services of private investigators or security guards — use variation of term “Private Detective”
paragraph 1 of section 40
98.
Private investigator — use term “law enforcement”
paragraph 2 of section 40
99.
Private investigator — use variation of term “law enforcement”
paragraph 2 of section 40
100.
Security guard — use term “law enforcement”
paragraph 2 of section 40
101.
Security guard — use variation of term “law enforcement”
paragraph 2 of section 40
102.
Business selling services of private investigators or security guards — use term “law enforcement”
paragraph 2 of section 40
103.
Business selling services of private investigators or security guards — use variation of term “law enforcement”
paragraph 2 of section 40
104.
Private investigator — use term “police”
paragraph 3 of section 40
105.
Private investigator — use variation of term “police”
paragraph 3 of section 40
106.
Security guard — use term “police”
paragraph 3 of section 40
107.
Security guard — use variation of term “police”
paragraph 3 of section 40
108.
Business selling services of private investigators or security guards — use term “police”
paragraph 3 of section 40
109.
Business selling services of private investigators or security guards — use variation of term “police”
paragraph 3 of section 40
110.
Private investigator — use term “officer”
paragraph 4 of section 40
111.
Private investigator — use variation of term “officer”
paragraph 4 of section 40
112.
Security guard — use term “officer”
paragraph 4 of section 40
113.
Security guard — use variation of term “officer”
paragraph 4 of section 40
114.
Business selling services of private investigators or security guards — use term “officer”
paragraph 4 of section 40
115.
Business selling services of private investigators or security guards — use variation of term “officer”
paragraph 4 of section 40
116.
Fail to comply with Registrar’s order to cease making representation in published or transmitted material
clauses 42 (a) and 43 (1) (b)
117.
Fail to comply with Registrar’s order to retract representation made in published or transmitted material
clauses 42 (b) and 43 (1) (b)
118.
Fail to comply with Registrar’s order to publish correction of equal prominence to representation in original publication
clauses 42 (b) and 43 (1) (b)
119.
Knowingly furnish false information in application
clause 43 (1) (a)
120.
Knowingly furnish false information in statement
clause 43 (1) (a)
121.
Knowingly furnish false information in return
clause 43 (1) (a)
122.
Fail to comply with condition of licence imposed by Registrar
clause 43 (1) (c)
Schedule 74.1
Ontario Regulation 361/07 made under the Private Security and Investigative Services Act, 2005
Item
Column 1
Column 2
1.
Licensed business entity — fail to give Registrar colour photographs of changed uniform as required
subsections 1 (2) and (4)
2.
Licensed business entity — fail to give Registrar colour photographs of changed vehicle as required
subsections 1 (2) and (4)
3.
Licensed business entity — fail to notify Registrar in writing within five days after ceasing to use uniform
subsection 1 (3)
4.
Licensed business entity — fail to notify Registrar in writing within five days after ceasing to use vehicle
subsection 1 (3)
5.
Licensed business entity — fail to notify Registrar in writing within five days after change in officers
section 2
6.
Licensed business entity — fail to notify Registrar in writing within five days after change in directors
section 2
7.
Licensed business entity — fail to notify Registrar in writing within five days after change in partners
section 2
8.
Fail to give Registrar required declaration within five days after becoming officer of licensed business entity
clause 3 (1) (a)
9.
Fail to give Registrar required declaration within five days after becoming director of licensed business entity
clause 3 (1) (a)
10.
Fail to give Registrar required declaration within five days after becoming partner of licensed business entity
clause 3 (1) (a)
11.
Fail to give Registrar required consent to collect information within five days after becoming officer of licensed business entity
clause 3 (1) (b)
12.
Fail to give Registrar required consent to collect information within five days after becoming director of licensed business entity
clause 3 (1) (b)
13.
Fail to give Registrar required consent to collect information within five days after becoming partner of licensed business entity
clause 3 (1) (b)
14.
Licensed business entity — fail to notify Registrar in writing within five days after licensed employee receives authorization to carry a firearm
subsection 4 (1)
15.
Licensed business entity — fail to notify Registrar in writing within five days after licensed individual authorized to carry a firearm becomes employee
subsection 4 (1)
16.
Licensed business entity — fail to notify Registrar in writing within five days after licensed employee ceases to be authorized to carry a firearm
subsection 4 (2)
17.
Licensed business entity — fail to notify Registrar in writing within five days after licensed individual authorized to carry a firearm ceases to be employee
subsection 4 (2)
18.
Individual licensee — fail to notify Registrar in writing within five days after being convicted or found guilty of a prescribed offence
section 5
Schedule 74.2
Ontario Regulation 362/07 made under the Private Security and Investigative Services Act, 2005
Item
Column 1
Column 2
1.
Licensed business entity — fail to ensure licensed employee wears uniform that complies with the regulations
section 8
Schedule 74.3
Ontario Regulation 364/07 made under the Private Security and Investigative Services Act, 2005
Item
Column 1
Column 2
1.
Vehicle used in providing security guard services does not display “SECURITY” or “SÉCURITÉ” in required manner
section 2 and subsections 3 (1) and (2)
2.
Vehicle used in providing security guard services has red, blue, gold or yellow stripes that are not on crest or logo
section 2 and subsections 3 (1) and (4)
3.
Vehicle used in providing security guard services displays prohibited term or variation of term
sections 2 and 4
Schedule 74.4
Ontario Regulation 365/07 made under the Private Security and Investigative Services Act, 2005
Item
Column 1
Column 2
1.
Animal used to control individual
section 1 and subsection 2 (1)
2.
Animal used to control crowd
section 1 and subsection 2 (1)
3.
Animal used to pursue or restrain individual
section 1 and subsection 2 (1)
4.
Animal used to guard or patrol a place while not accompanied by licensed individual
section 1 and subsection 2 (2)
5.
Dog accompanying licensed individual not for his or her protection
section 1 and subsection 4 (1)
6.
Dog accompanying licensed individual not on a lead
section 1 and clause 4 (2) (a)
7.
Dog accompanying licensed individual not under his or her control
section 1 and clause 4 (2) (a)
8.
Dog accompanying licensed individual not wearing fluorescent collar
section 1 and clause 4 (2) (b)
9.
Dog accompanying licensed individual not wearing proper identification tag
section 1 and clause 4 (2) (b)
10.
Dog used in providing private investigator services not trained as required
sections 1 and 5
11.
Dog used in providing security guard services not trained as required
sections 1 and 5
12.
Licensed business entity — fail to develop policies and procedures on care and handling of dogs as required
section 6
13.
Licensed business entity — fail to ensure licensed employee uses animal in accordance with the regulations
section 7
14.
Fail to advise person to whom dog is given or sold that dog was used by security guard
section 8
Schedule 74.5
Ontario Regulation 366/07 made under the Private Security and Investigative Services Act, 2005
Item
Column 1
Column 2
1.
Use firearm without authority under Firearms Act (Canada)
section 1
2.
Use baton not issued by licensed or registered employer
paragraph 1 of subsection 2 (1)
3.
Use baton not for defensive purposes
paragraph 2 of subsection 2 (1)
4.
Licensed business entity — fail to carry insurance for risks associated with employees carrying batons
subsection 2 (2)
5.
Use handcuffs not issued by licensed or registered employer
section 3
6.
Use cable ties as restraints
section 4
7.
Use strip ties as restraints
section 4
8.
Licensed business entity — fail to ensure licensed employee uses equipment in accordance with the regulations
section 5
Schedule 74.6
Ontario Regulation 368/07 made under the Private Security and Investigative Services Act, 2005
Item
Column 1
Column 2
1.
Business entity required to register as employer — fail to provide Registrar with list of employees who are private investigators or security guards
clause 1 (a)
2.
Business entity required to register as employer — fail to provide Registrar with name, address or telephone number of a representative
clause 1 (b)
3.
Business entity required to register as employer — fail to renew registration annually
section 3
4.
Business entity renewing registration as employer — fail to provide Registrar with updated list of employees who are private investigators or security guards
clause 3 (a)
5.
Business entity renewing registration as employer — fail to provide Registrar with new name, address or telephone number of a representative
clause 3 (b)
Schedule 74.7
Ontario Regulation 434/07 made under the Private Security and Investigative Services Act, 2005
Item
Column 1
Column 2
1.
Licensed business entity — fail to keep list of private investigators it currently employs
paragraph 1 of subsection 1 (1)
2.
Licensed business entity — fail to keep list of security guards it currently employs
paragraph 1 of subsection 1 (1)
3.
Licensed business entity — fail to keep list of private investigators it employed in previous two years
paragraph 2 of subsection 1 (1)
4.
Licensed business entity — fail to keep list of security guards it employed in previous two years
paragraph 2 of subsection 1 (1)
5.
Licensed business entity — fail to keep employment contract of private investigator employed currently or in previous two years
subparagraph 3 i of subsection 1 (1)
6.
Licensed business entity — fail to keep employment contract of security guard employed currently or in previous two years
subparagraph 3 i of subsection 1 (1)
7.
Licensed business entity — fail to keep record of period of employment of private investigator employed currently or in previous two years
subparagraph 3 ii of subsection 1 (1)
8.
Licensed business entity — fail to keep record of period of employment of security guard employed currently or in previous two years
subparagraph 3 ii of subsection 1 (1)
9.
Licensed business entity — fail to keep record of locations where services were provided by private investigator employed currently or in previous two years
subparagraph 3 ii of subsection 1 (1)
10.
Licensed business entity — fail to keep record of locations where services were provided by security guard employed currently or in previous two years
subparagraph 3 ii of subsection 1 (1)
11.
Licensed business entity — fail to keep all notes and reports prepared by private investigator employed by it
subparagraph 4 i of subsection 1 (1)
12.
Licensed business entity — fail to keep all notes and reports prepared by security guard employed by it
subparagraph 4 i of subsection 1 (1)
13.
Licensed business entity — fail to keep photograph produced or obtained in course of providing services
subparagraph 4 ii of subsection 1 (1)
14.
Licensed business entity — fail to keep video, audio or other electronic record produced or obtained in course of providing services
subparagraph 4 ii of subsection 1 (1)
15.
Licensed business entity — fail to keep use of force report where handcuffs used by private investigator employed by it
subparagraph 4 iii of subsection 1 (1)
16.
Licensed business entity — fail to keep use of force report where handcuffs used by security guard employed by it
subparagraph 4 iii of subsection 1 (1)
17.
Licensed business entity — fail to keep use of force report where weapon used by private investigator employed by it
subparagraph 4 iii of subsection 1 (1)
18.
Licensed business entity — fail to keep use of force report where weapon used by security guard employed by it
subparagraph 4 iii of subsection 1 (1)
19.
Licensed business entity — fail to keep use of force report where force used by private investigator employed by it
subparagraph 4 iii of subsection 1 (1)
20.
Licensed business entity — fail to keep use of force report where force used by security guard employed by it
subparagraph 4 iii of subsection 1 (1)
21.
Licensed business entity — fail to keep use of force report where dog used in private investigator services attacked person
subparagraph 4 iv of subsection 1 (1)
22.
Licensed business entity — fail to keep use of force report where dog used in security guard services attacked person
subparagraph 4 iv of subsection 1 (1)
23.
Licensed business entity — fail to keep record listing name of each private investigator authorized to carry handcuffs, baton or firearm
subparagraph 5 i of subsection 1 (1)
24.
Licensed business entity — fail to keep record listing name of each security guard authorized to carry handcuffs, baton or firearm
subparagraph 5 i of subsection 1 (1)
25.
Licensed business entity — fail to keep evidence that private investigator was trained in using handcuffs, batons or firearms
subparagraph 5 ii of subsection 1 (1)
26.
Licensed business entity — fail to keep evidence that security guard was trained in using handcuffs, batons or firearms
subparagraph 5 ii of subsection 1 (1)
27.
Licensed business entity — fail to keep record of credentials of trainer who trained private investigator in using handcuffs, batons or firearms
subparagraph 5 iii of subsection 1 (1)
28.
Licensed business entity — fail to keep record of credentials of trainer who trained security guard in using handcuffs, batons or firearms
subparagraph 5 iii of subsection 1 (1)
29.
Licensed business entity — fail to keep evidence of insurance against risks associated with use of batons
subparagraph 5 iv of subsection 1 (1)
30.
Licensed business entity — fail to keep equipment log as required with respect to handcuffs, baton or firearm issued to private investigator
subparagraph 5 v of subsection 1 (1)
31.
Licensed business entity — fail to keep equipment log as required with respect to handcuffs, baton or firearm issued to security guard
subparagraph 5 v of subsection 1 (1)
32.
Licensed business entity — fail to keep record of training of dog that accompanies security guard
subparagraph 6 i of subsection 1 (1)
33.
Licensed business entity — fail to keep copy of its policies and procedures on the care and handling of dogs
subparagraph 6 iii of subsection 1 (1)
34.
Licensed business entity — fail to keep log as required with respect to dog issued to security guard
subparagraph 6 iv of subsection 1 (1)
35.
Licensed business entity — fail to retain required record for required length of time
subsection 1 (2)
Schedule 74.8
Ontario Regulation 26/10 made under the Private Security and Investigative Services Act, 2005
Item
Column 1
Column 2
1.
Licensed business entity — provide training program for security guards not conforming to Ministry curriculum
subsection 3 (1)
2.
Licensed business entity — provide training program for private investigators not conforming to Ministry curriculum
subsection 3 (1)
3.
Registered business entity — provide training program for security guards not conforming to Ministry curriculum
subsection 3 (1)
4.
Registered business entity — provide training program for private investigators not conforming to Ministry curriculum
subsection 3 (1)
5.
Unauthorized person or entity — hold out as being authorized to provide training program for security guards
subsection 3 (2)
6
Unauthorized person or entity — hold out as being authorized to provide training program for private investigators
subsection 3 (2)
7.
Unauthorized person or entity — suggest that completion of training program given by it will satisfy training requirements for security guard licence
subsection 3 (2)
8.
Unauthorized person or entity — suggest that completion of training program given by it will satisfy training requirements for private investigator licence
subsection 3 (2)
Commencement
2. This Regulation comes into force on the day it is filed.
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