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Fourth Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 2

THE PRIVATE INVESTIGATORS AND SECURITY GUARDS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P132 amended

1           The Private Investigators and Security Guards Act is amended by this Act.

2           Section 1 is amended by adding the following definitions:

"applicant" means a person who applies for a licence or for registration under this Act; (« requérant »)

"in-house security guard" means a security guard who is permanently employed by one employer in a business or undertaking other than the business of providing security guards, and whose work is confined to the affairs of that employer; (« gardien de sécurité interne »)

3           Section 2 is amended

(a) by repealing clause (c); and

(b) in clause (g),

(i) by striking out "and security guards", and

(ii) by striking out "or security guards".

4           The following is added after section 6:

In-house security guard must be licensed

6.1(1)      Subject to the regulations, no person shall act as an in-house security guard unless he or she is licensed as an in-house security guard.

Application for in-house security guard licence

6.1(2)      A person who wishes to be licensed as an in-house security guard must

(a) apply to the registrar in the prescribed form, provide the prescribed information and pay the prescribed fee; and

(b) successfully complete the prescribed training and testing.

No bond necessary

6.1(3)      Section 7 does not apply to an application for a licence under this section.

Employer must be registered

6.2(1)      Subject to the regulations, no person shall employ an in-house security guard unless the person is registered under this Act as an employer of an in-house security guard.

Application for registration

6.2(2)      A person who wishes to be registered as an employer of an in-house security guard must apply to the registrar in the prescribed form, provide the prescribed information and pay the prescribed fee.

5           The following is added after section 7:

Insurance

7.1         Every person engaged in the business of providing private investigators or security guards must be insured, to the satisfaction of the registrar, for the prescribed kinds of liability insurance and in the prescribed amounts.

6           Section 12 is renumbered as subsection 12(1) and the following is added as subsection 12(2):

Persons who may be registered

12(2)       If the person meets the prescribed requirements for being registered as an employer of an in-house security guard, the registrar shall register the person.

7           The following is added after section 19:

Notice of change in employment status

19.1        A registered employer of an in-house security guard must notify the registrar of the name of each in-house security guard who is hired or whose employment is terminated.  The notice must be given in writing, within five days after the hiring or termination.

8(1)         Subsection 22(1) is amended by striking out everything after "respecting" and substituting " any person who holds a licence."

8(2)        Clause 22(2)(a) is amended by striking out "carrying on the business of providing private investigators or security guards," and substituting "who holds a licence or who is registered as an employer of in-house security guards,"

9           Subsection 24(2) is amended by striking out "who is not a licensee".

10          Subsection 33(1) is amended by striking out "Every" and substituting "Subject to the terms and conditions of his or her licence, a".

11          Section 39 is amended

(a) by adding the following after clause (a):

(a.1) that a person is registered or not registered under subsection 12(2);

(b) in clause (c), by adding "or registration" after "licensing".

12          Section 40 is amended

(a) by adding the following after clause (d.2):

(d.3) governing the procedure for registering a person who employs an in-house security guard, including the information to be provided by the person applying to be registered, and the fees to be paid;

(b) by adding the following after clause (e):

(e.1) prescribing the kinds of liability insurance, and the minimum amounts of that insurance, that a person engaged in the business of providing private investigators or security guards must maintain;

(c) in clause (g), by adding "or registered" after "licensed".

13          The following is added after section 40:

Provisions re regulations

41          A regulation made under section 40 may establish different classes of applicants and licence holders and may treat them differently.

Coming into force

14          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill establishes a new category of security guard called the in-house security guard, who works permanently and exclusively for one employer.  In-house security guards must be trained and licensed, and their employers must be registered.

The Bill also requires persons in the business of providing private investigators or security guards to be insured in accordance with the regulations.