O. Reg. 146/13: PROCEEDINGS COMMENCED BY CERTIFICATE OF OFFENCE

Link to law: http://www.ontario.ca/laws/regulation/r13146
Published: 2013-05-06

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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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