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The Private Investigators and Security Guards Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2009, c. 24

Bill 28, 3rd Session, 39th Legislature

The Private Investigators and Security Guards Amendment Act

(Assented to June 11, 2009)

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(1)        Section 1 is amended by adding the following definitions:

"crime" means

(a) an indictable offence under an Act of Canada, or

(b) a prescribed offence punishable on summary conviction under an enactment of Canada or a province; (« crime »)

"inspector" means an individual designated under section 3.1 as an inspector; (« inspecteur »)

"regulation" means a regulation made under this Act; (« règlement »)

"security guard employer" does not include a person who is licensed to provide security guards. (« employeur de gardiens de sécurité »)

2(2)        Section 1 is amended by replacing the definitions "registrar" and security guard" with the following:

"registrar" means the registrar appointed under subsection 3(1); (« registraire »)

"security guard" means an individual who, for hire or reward,

(a) guards or patrols for the purpose of protecting persons or property, or

(b) detects loss of or damage to the property or premises of another person; (« gardien de sécurité »)

2(3)        The definition "private investigator" in section 1 is amended in the part before clause (a) by striking out "a person" wherever it occurs and substituting "an individual".

2(4)        The definition "in-house security guard" in section 1 is repealed.

3            Section 3 is replaced with the following:

Registrar and deputy registrar

3(1)        A registrar and deputy registrar must be appointed in accordance with The Civil Service Act.

Duties and powers of registrar

3(2)        The registrar

(a) must perform the duties and may exercise the powers conferred on the registrar by this Act and the regulations; and

(b) must perform any other duties that the minister may assign.

Deputy to act in place of registrar

3(3)        The deputy registrar must carry out the duties and may exercise the powers and perform the functions of the registrar if

(a) the office of registrar is vacant;

(b) the registrar is absent or unavailable for any reason; or

(c) the registrar requests the deputy to do so.

4           The following is added after section 3:

Minister may designate inspectors

3.1         The minister may designate a person or a class of persons employed by the government as inspectors for the purpose of administering and enforcing this Act and the regulations.

5           Sections 4 to 7.1 are replaced with the following:

Licence required to provide private investigators

4(1)        No person shall engage in the business of providing private investigators unless the person holds a licence that authorizes the person to provide private investigators.

Employing unlicensed individuals prohibited

4(2)        No person licensed to provide private investigators shall employ or engage an individual as a private investigator unless the individual is licensed as a private investigator.

Requirements to act as a private investigator

4(3)        No individual shall act as a private investigator, or hold himself or herself out as a private investigator, unless

(a) the individual holds a licence authorizing him or her to act as a private investigator; and

(b) the individual

(i) is employed or engaged by a person who is licensed to provide private investigators,

(ii) is the sole proprietor of a business that is licensed to provide private investigators, or

(iii) is a partner in a partnership that is licensed to provide private investigators.

Licence required to provide security guards

5(1)        No person shall engage in the business of providing security guards unless the person holds a licence that authorizes the person to provide security guards.

Security guard employers must be registered

5(2)        No person other than a person licensed to provide security guards shall employ or engage an individual as a security guard unless the person is registered as a security guard employer.

Employing unlicensed individuals prohibited

5(3)        No person licensed to provide security guards or registered as a security guard employer shall employ or engage an individual as a security guard unless the individual is licensed as a security guard.

Requirements to act as a security guard

5(4)        No individual shall act as a security guard, or hold himself or herself out as a security guard, unless

(a) the individual holds a licence authorizing him or her to act as a security guard; and

(b) the individual

(i) is employed or engaged by a person who is licensed to provide security guards or registered as a security guard employer,

(ii) is the sole proprietor of a business that is licensed to provide security guards or registered as a security guard employer, or

(iii) is a partner in a partnership that is licensed to provide security guards or registered as a security guard employer.

Prohibition against holding out: private investigators

5.1(1)      No person other than a person licensed to provide private investigators shall hold out in any manner that the person is carrying on the business of providing private investigators.

Prohibition against holding out: security guards

5.1(2)      No person other than a person licensed to provide security guards shall hold out in any manner that the person is carrying on the business of providing security guards.

Multiple offices must be licensed

5.2(1)      A person shall not provide private investigators or security guards from more than one place to which the public is invited unless the person holds a licence in respect of each place.

Main office must be designated

5.2(2)      A person who holds licences to provide private investigators or security guards from more than one place must designate one of the places as the person's main office in Manitoba and the remainder as branch offices.

Application: licence or registration

6(1)        The following applications must be made to the registrar, in a form approved by the registrar:

(a) an application for a licence or for the renewal of a licence

(i) to engage in the business of providing private investigators or security guards, or to operate a branch office for such a purpose, or

(ii) to act as a private investigator or a security guard;

(b) an application to be registered as a security guard employer.

Application requirements

6(2)        When making an application under subsection (1), an applicant must provide the following:

(a) the information required by the regulations and the application form;

(b) if the application is for a licence to engage in the business of providing private investigators or security guards,

(i) the security required under section 7, and

(ii) proof satisfactory to the registrar that the applicant is insured for the prescribed kinds of liability insurance and in the prescribed amounts;

(c) if the application is for a licence to act as a private investigator or security guard, proof that the applicant has successfully completed the prescribed training and testing;

(d) an address for service, as required under section 8;

(e) any additional information requested by the registrar;

(f) the prescribed fee.

Security for engaging in business

7(1)        Before a licence to provide private investigators or security guards is issued by the registrar, the applicant must provide the government with a bond to secure the performance of obligations under this Act and the regulations.

Other form of security

7(2)        The registrar may accept a letter of credit or a deposit of securities instead of a bond.

Requirements re security

7(3)        The terms, conditions and amount of the bond, letter of credit or other security must be satisfactory to the registrar and must meet the requirements of the regulations.

6           Section 8 is amended by adding "a registration, a licence or the renewal of" after "applicant for".

7           Section 9 is repealed.

8(1)        Subsection 12(1) is amended by adding "this Act and" before "the regulations".

8(2)        Subsection 12(2) is amended by striking out "prescribed requirements for being registered as an employer of an in-house security guard" and substituting "requirements of this Act and the regulations for being registered as a security guard employer".

9           Section 13 is amended

(a) by adding "or renew" after "issue"; and

(b) in the English version, by adding "or she" after "he".

10          Section 14 is amended by striking out "or refuse to renew" and substituting "a registration, a licence or the renewal of".

11          Section 15 is replaced with the following:

Temporary licences

15(1)       The registrar may issue a temporary licence

(a) to an applicant while

(i) the registrar completes his or her inquiries and investigations respecting the applicant under section 10, or

(ii) the applicant completes the applicable training and testing prescribed for the licence; or

(b) to the executor or administrator of an individual who, as a sole proprietor, operated a business licensed under this Act, where the executor or administrator applies for a temporary licence to permit the business to be maintained or wound down.

Terms of temporary licence

15(2)       A temporary licence is valid for the period stated in the licence, which must not exceed six months, and is subject to such terms and conditions as the registrar considers advisable.

12          Sections 16 and 18 are repealed.

13          Section 19 is replaced with the following:

Surrender of licence

19          When a licence expires or is cancelled or suspended, the licensee shall immediately surrender it to the registrar.

14          Section 19.1 is replaced with the following:

Reporting requirements — individuals

19.1(1)     A person who holds a private investigator's licence or security guard's licence shall report any of the following to the registrar within 15 days after it occurs:

(a) a change in the person's address for service;

(b) a charge laid against the person for a crime;

(c) a conviction against the person for a crime.

Reporting requirements — person engaged in business

19.1(2)     A person who is licensed to provide private investigators or security guards shall report any of the following to the registrar within 15 days after it occurs:

(a) a change in the person's address for service;

(b) a change in the address of the person's main office or branch office;

(c) a change in ownership or management of the person's business;

(d) a charge laid against the person for a crime;

(e) a conviction against the person for a crime;

(f) a charge laid for a crime or a conviction for a crime against an individual who is employed or engaged by the person as a private investigator or security guard.

If person is a corporation or partnership

19.1(3)     If the person licensed to provide private investigators or security guards is a corporation or partnership, the reporting requirements under subsection (2) apply

(a) in the case of a corporation, to each officer and director of the corporation; or

(b) in the case of a partnership, to each of the partners in the partnership.

Reporting re employees

19.1(4)     A person who is licensed to provide private investigators or security guards or registered as a security guard employer shall, in the prescribed manner and at the prescribed times, report to the registrar the hiring or termination of employment of a private investigator or security guard.

15          Clause 20(a) is replaced with the following:

(a) in the opinion of the registrar, the licensee

(i) obtained the licence as a result of a false or misleading statement or information,

(ii) has used the licence, or allowed the licence to be used, for an improper purpose, or

(iii) has improperly altered the licence;

(a.1) the licensee is convicted of an offence under this Act or the regulations, or of a crime;

16          The following is added after section 21:

Immediate action to protect the public

21.1(1)     The registrar may suspend a licence without notice if he or she believes it is in the public interest.

Registrar must give notice

21.1(2)     As soon as practicable after making a decision under subsection (1), the registrar must give notice of the decision to the person whose licence was suspended.

17          Section 22 is replaced with the following:

General inspection powers

22(1)       Subject to subsection (3), the registrar or an inspector may, at any reasonable time and where reasonably required to administer or determine compliance with this Act, the regulations or the terms and conditions of a licence,

(a) enter the business premises of a licensee or any other premises or place where the registrar or inspector has reasonable grounds to believe that records relevant to the administration or enforcement of this Act are kept;

(b) require any person to produce for inspection and copying any record or other document that the registrar or inspector believes on reasonable grounds contains any information relevant to the administration or enforcement of this Act; and

(c) use any data storage, processing or retrieval device or system in or on the premises in order to produce a record in readable form.

Removal of records to make copies

22(2)       If the registrar or an inspector is not able to make copies of records at the premises being inspected, he or she may remove them to make copies, but must return the originals as soon as practicable.

Entry to dwelling requires consent

22(3)       The registrar or an inspector shall not enter a dwelling under this section without the permission of an adult resident of that dwelling.

Assistance to registrar or inspector

22(4)       The licensee or person in charge of the premises being inspected or having custody or control of the relevant records shall

(a) give the registrar or inspector all reasonable assistance to enable the inspector to carry out any action authorized under this Act; and

(b) provide any information that the registrar or inspector requires.

Initiation of investigations

22.1(1)     The registrar or an inspector may

(a) initiate an investigation based on a complaint alleging a contravention of this Act, the regulations or a term or condition of a licence; or

(b) initiate an investigation even if no complaint has been made.

Right of entry

22.1(2)     In performing an investigation under this section, the registrar or inspector may at any reasonable time, without a warrant, enter

(a) any business premises of a licensee; or

(b) any other premises or place where the registrar or inspector has reasonable grounds to believe that records relevant to the administration or enforcement of this Act are kept.

Removing and copying records

22.1(3)     The registrar or inspector may remove any relevant document for review, examination or copying

but must give a receipt to the person from whom they were taken and promptly return them when the examination is completed.

Entry into dwelling with consent

22.1(4)     The registrar or an inspector must not enter a dwelling under subsection (2) without the permission of an adult resident of that dwelling.

Warrant for entry into dwelling

22.1(5)     On application by the registrar or an inspector, a justice may at any time issue a warrant authorizing the registrar or inspector to enter and inspect a dwelling under this section, if the justice is satisfied that

(a) there are reasonable grounds to believe that entry to the dwelling is necessary for the purpose of conducting an investigation; and

(b) entry has been refused or there are reasonable grounds to believe that entry will be refused.

Conditions

22.1(6)     A warrant may be made subject to any conditions specified in it.

Identification to be shown

22.2(1)     The registrar or an inspector must show his or her identification if requested to do so in the context of an inspection or an investigation under section 22 or 22.1.

Obstruction

22.2(2)     No person shall hinder, obstruct or interfere with the registrar or an inspector conducting an inspection or investigation under section 22 or 22.1.

Copies as evidence

22.2(3)     A document certified by the registrar or an inspector to be a printout or copy of a record obtained under section 22 or 22.1

(a) is admissible in evidence without proof of the office or signature of the person purporting to have made the certificate; and

(b) has the same probative force as the original record.

18          Section 23 is repealed.

19          Subsection 25(1) is amended by adding ", within 30 days after being served with the notice under section 24," after "may".

20          The following is added after section 27:

Prohibited titles re security guards

27.1(1)     No person who is licensed to provide security guards or registered as a security guard employer shall use the expression "law enforcement officer" or "protection officer", or any variation or derivation of those expressions, in connection with the business of providing security guards or the employment of a security guard.

Security guards must not use prohibited titles

27.1(2)     No security guard shall

(a) use the expression "law enforcement officer" or "protection officer", or any variation or derivation of those expressions; or

(b) hold out in any manner that he or she is a law enforcement officer or protection officer.

21(1)       Subsection 31(1) is amended

(a) in the part before clause (a) of the English version, by adding "or her" after "his"; and

(b) by replacing clause (a) with the following:

(a) his or her licence; and

21(2)       Subsection 31(2) is replaced with the following:

Licence to be carried

31(2)       Every private investigator must, while investigating, carry his or her licence, and produce it for inspection at the request of any person.

22          Section 32 is replaced with the following:

Identification of security guard

32(1)       Every security guard must, while on duty, carry his or her licence, and produce it for inspection at the request of any person.

Evidence of authority

32(2)       No security guard shall, while on duty, have in his or her possession or display any evidence of authority, except for his or her licence and approved uniform.

23          Subsection 33(1) is amended by adding "approved by the registrar" after "uniform".

24          The following is added after section 36:

Public registry

36.1        The registrar must maintain a public registry, which may be in electronic form, containing the information prescribed in the regulations respecting persons who hold licences.

25          Section 38 is replaced with the following:

Time limit for prosecution

38          A prosecution for an offence under this Act may not be commenced more than one year after the day on which evidence sufficient to justify the prosecution came to the knowledge of the registrar.

26          The following is added after section 39:

Forms

39.1        The registrar may approve forms for use under this Act and the regulations.

Liability protection

39.2        No action or proceeding may be brought against the minister, the registrar, an inspector or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

27          Section 40 is amended

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

(a.1) prescribing offences for the purpose of clause (b) of the definition "crime" in section 1;

(b) by repealing clauses (b) and (f);

(c) in clause (d.3), by striking out "who employs an in-house security guard" and substituting "as a security guard employer";

(d) by replacing clause (e) with the following:

(e) respecting bonds and other security, including

(i) the terms, conditions, period and amount of a bond, letter of credit or other security, and

(ii) the forfeiture of a bond, letter of credit or other security, and the disposition of the proceeds of the forfeiture;

(e) in clause (e.1), by striking out "engaged in the business of"; and

(f) by replacing clause (g) with the following:

(g) respecting the records to be kept by persons licensed or registered under this Act, and the reports and returns to be made to the registrar or an inspector, including the form and content of records, reports and returns and the manner in which they must be maintained, produced or delivered;

(g.1) for the purpose of subsection 19.1(4), respecting the information that must be provided in relation to the hiring or termination of employment of private investigators and security guards, and the form, timing and manner of providing that information;

(g.2) respecting the information to be contained in the public registry under section 36.1;

Coming into force

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