O. Reg. 447/11: EXEMPTIONS FROM THE ACT


Published: 2011-09-02

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ONTARIO REGULATION 447/11

made under the

PRIVATE SECURITY AND INVESTIGATIVE SERVICES ACT, 2005

Made: September 2, 2011
Filed: September 2, 2011
Published on e-Laws: September 6, 2011
Printed in The Ontario Gazette: September 17, 2011


Amending O. Reg. 435/07

(Exemptions from the Act)

Note: Ontario Regulation 435/07 has not previously been amended.

1. Section 1 of Ontario Regulation 435/07 is revoked.

2. Section 2 of the Regulation is amended by striking out “is exempt, with respect to the performance of that work, from the requirement in section 6 of the Act to be licensed as a private investigator” at the end and substituting “is exempt, with respect to the performance of that work, from section 6 of the Act”.

3. The Regulation is amended by adding the following sections:

Bodyguard in film and television industry

3. (1) An individual who is acting as a bodyguard for a person while the person is working in the film and television industry or is engaged in a matter connected to that industry is exempt from section 6 of the Act, in relation to his or her conduct as a bodyguard for the person, if the individual,

(a) holds a valid licence issued by a government of a jurisdiction other than Ontario, authorizing him or her to act as a bodyguard;

(b) carries the licence;

(c) on request, identifies himself or herself as a bodyguard; and

(d) on request, produces the licence.

(2) In this section,

“film and television industry” means the industry of producing audio-visual recorded entertainment that is intended to be replayed in cinemas or on the internet, as part of a television broadcast, or on a VCR or DVD player or a similar device, but does not include the following industries:

1. Producing recorded athletic or sporting events.

2. Producing recorded musical concerts or music videos.

3. Producing recorded theatre.

4. Producing commercials (other than trailers).

5. Producing video games.

6. Producing educational material.

Licence exemption includes other exemptions

3.1 (1) A person who is exempt from the prohibition in section 6 of the Act against acting as a private investigator, or holding himself or herself out as one, without holding the appropriate licence under the Act and complying with clause 6 (a) or (b) of the Act, is also exempt from every provision of the Act, and every provision of the regulations under the Act, that would apply to a person acting as a private investigator or holding himself or herself out as one.

(2) A person who is exempt from the prohibition in section 6 of the Act against acting as a security guard, or holding himself or herself out as one, without holding the appropriate licence under the Act and complying with clause 6 (a) or (b) of the Act, is also exempt from every provision of the Act, and every provision of the regulations under the Act, that would apply to a person acting as a security guard or holding himself or herself out as one.

(3) A person who is exempt from the prohibition in section 7 of the Act against selling the services of private investigators, or holding themself out as available to sell those services, without holding the appropriate licence under the Act or being employed by a person holding the appropriate licence under the Act is also exempt from every provision of the Act, and every provision of the regulations under the Act, that would apply to a person selling the services of private investigators or holding themself out as available to sell those services.

(4) A person who is exempt from the prohibition in section 7 of the Act against selling the services of security guards, or holding themself out as available to sell those services, without holding the appropriate licence under the Act or being employed by a person holding the appropriate licence under the Act is also exempt from every provision of the Act, and every provision of the regulations under the Act, that would apply to a person selling the services of security guards or holding themself out as available to sell those services.

Commencement

4. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le ministre de la Sécurité communautaire et des Services correctionnels,

Jim Bradley

Minister of Community Safety and Correctional Services

Date made: September 2, 2011.
Pris le : 2 septembre 2011.

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