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The Private Investigators and Security Guards Act
This is an unofficial archived version.
This version was current from January 8, 2007 to December 30, 2010.

Note: It does not reflect any retroactive amendment enacted after December 30, 2010.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.

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C.C.S.M. c. P132

The Private Investigators and Security Guards Act

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

Definitions

1           In this Act

"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 »)

"licence" means a licence issued under this Act; (« licence »)

"minister" means the member of the Executive Council charged with the administration of this Act by the Lieutenant Governor in Council; (« ministre »)

"prescribed" means prescribed under the regulations; (« prescrit »)

"private investigator" means a person who investigates and furnishes information for hire or reward, including a person who

(a) searches for and furnishes information as to the personal character or actions of a person, or the character or kind of business or occupation of a person, or

(b) searches for offenders against the law, or

(c) searches for missing persons or property; (« détective privé »)

"registrar" means the person designated under section 3 as the registrar for the purposes of this Act; (« registraire »)

"security guard" means a person who, for hire or reward, guards or patrols for the purpose of protecting persons or property. (« gardien de sécurité »)

S.M. 1992, c. 58, s. 25; S.M. 2005, c. 49, s. 2.

Application of Act

2           This Act does not apply to

(a) barristers or solicitors in the practise of their profession or their employees;

(b) persons who search for and furnish information

(i) as to the financial credit rating of persons, or

(ii) to employers as to the qualifications and suitability of their employees as prospective employees, or

(iii) as to the qualifications and suitability of applicants for insurance and indemnity bonds,

and who do not otherwise act as private investigators;

(c) repealed, S.M. 2005, c. 49, s. 3;

(d) any officer, constable, or employee of any police force of Canada or of a municipality, or a constable appointed under the Railway Act of Canada, or officer or employee of the Crown, either federal or provincial, while engaged in the performance of the duties of his office or employment;

(e) insurance adjusters licensed under The Insurance Act, and their employees, while acting in the usual and regular scope of their employment;

(f) insurance companies licensed under The Insurance Act, and their employees, while acting in the usual and regular scope of their employment;

(g) private investigators who are permanently employed by one employer in a business or undertaking other than the business of providing private investigators and whose work is confined to the affairs of that employer;

(h) persons residing outside the province who are bona fide employees of private investigation or security guard agencies licensed or registered in a jurisdiction outside the province who

(i) on behalf of an employer or client who resides outside the province, make an investigation or inquiry partly outside the province and partly within the province, and

(ii) come into the province solely for the purpose of such investigation or inquiry;

(i) any class of persons exempted under the regulations.

S.M. 2005, c. 49, s. 3.

Registrar

3           The minister shall designate a person employed by the government under the minister to be a registrar for the purposes of this Act and to carry out the duties of registrar under this Act.

Licence required

4(1)        No person shall

(a) engage in the business of providing private investigators or security guards; or

(b) operate a branch office or place at which the public is invited to deal in the conduct of the business of providing private investigators or security guards; or

(c) act as a private investigator or security guard;

unless he is a holder of a licence therefor.

Prohibition against holding out

4(2)        No person shall hold himself out as acting as a private investigator or a security guard or as being engaged in the business of providing private investigators or security guards unless he is licensed under this Act.

Employees

5           No person engaged in the business of providing private investigators or security guards shall employ as a private investigator or as a security guard a person who is not the holder of a licence.

Application for carrying on business

6(1)        Every applicant for a licence to engage in the business of providing private investigators or security guards, or for operating a branch office, shall apply to the registrar for the licence or licences therefor in the prescribed form.

Licence for employees

6(2)        A person licensed to engage in the business of providing private investigators or security guards shall apply to the registrar in the prescribed form for the licence for each person employed by the applicant as a private investigator or as a security guard.

Fees

6(3)        Each application shall be accompanied by the prescribed fees.

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.

S.M. 2005, c. 49, s. 4.

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.

S.M. 2005, c. 49, s. 4.

Bonds

7(1)         Each application for a licence shall be accompanied by a bond in the prescribed amount and form.

Type of bonds acceptable

7(2)        The bond required under subsection (1) shall be

(a) a personal bond accompanied by collateral security; or

(b) a bond of a guarantor, other than a guaranty company, accompanied by a collateral security; or

(c) a bond of a guaranty company authorized to carry on business of a guaranty company under the laws of Manitoba.

Collateral security

7(3)        The collateral security required under clause (2)(a) or (b) shall be negotiable securities of prescribed classes not less in value than the sum secured by the bond and shall be deposited with the Minister of Finance.

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.

S.M. 2005, c. 49, s. 5.

Address for service

8           Every applicant for a licence shall state in the application an address for service in the province, and all notices under this Act or the regulations are sufficiently given or served for all purposes if sent by registered mail or delivered to the latest address for service so stated.

Notice of changes in business, etc.

9           Every person licensed to engage in the business of providing private investigators or security guards shall within five days of the change or termination notify the registrar in writing of

(a) any change in his address for service or in the address of any place at which he carries on business or at which he invites the public to deal;

(b) any change in the officers and members in the case of an association of individuals, partnership or corporation; and

(c) any termination of employment of a private investigator or a security guard.

Investigation of applicant

10          The registrar, or any person authorized by him, may make such inquiry or investigation as he deems sufficient regarding the character, criminal history, financial position and competence of an applicant or a licensee and may require an applicant or a licensee to pass such examinations to determine competence as the registrar deems necessary.

S.M. 2002, c. 26, s. 30.

Further information

11          The registrar may require further information or material to be submitted by an applicant or a licensee and may further require verification by affidavit or otherwise of any information or material then or previously submitted.

Issue of licence

12(1)       Where the person meets the requirements set out in the regulations and, in the opinion of the registrar, it is not against the public interest, the registrar may issue a licence or a renewal of a licence.

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.

S.M. 2002, c. 26, s. 31; S.M. 2005, c. 49, s. 6.

Terms of licence

13          The registrar may issue a licence subject to such terms and conditions as he deems advisable.

Hearing

14          The registrar shall not refuse to grant or refuse to renew a licence without giving the applicant an opportunity to be heard.

Temporary licences

15          Where the registrar receives an application for a licence, he may, pending his decision, issue a temporary licence for a period stated in the licence but not exceeding three months.

Temporary licence on death of operator

16          Where a person who is licensed to engage in the business of providing private investigators or security guards dies, the registrar may grant to his executor or administrator a temporary licence for a period stated in the licence; and all licensed employees of the deceased licensee at the time of his death shall be deemed to be licensed as employees of the executor or administrator.

Transfers

17          A licence is not transferable and no licensee shall undertake, agree or purport to transfer his licence.

Effect of termination of employment

18          The licence of a private investigator or security guard is cancelled upon the termination of the employment in respect of which it was issued.

Surrender of licence

19(1)       When a licensed private investigator or security guard ceases to be employed as such, he shall surrender his licence and identification card immediately to his employer who shall forward them to the registrar.

Surrender of licences by operator

19(2)       Every person who is licensed to engage in the business of providing private investigators or security guards shall, upon the termination of the business, immediately forward to the registrar his licence and identification card together with the licences and identification cards of his employees.

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.

S.M. 2005, c. 49, s. 7.

Suspension and cancellation

20          The registrar may, after giving the licensee an opportunity to be heard, suspend or cancel a licence where

(a) the licensee is convicted of an offence under the Criminal Code (Canada) or under this Act or the regulations; or

(b) the licensee is in breach of a term or condition of the licence; or

(c) in the opinion of the registrar, it is in the public interest.

Reasons

21          Where the registrar refuses to grant a licence or renew a licence, or suspends or cancels a licence, he shall, upon the request of the person whose licence or right to a licence is affected, give written reasons for his decision.

Investigation of complaints

22(1)       The registrar, or any person authorized by the registrar, may receive and investigate complaints respecting any person who holds a licence.

Access to documents

22(2)       For the purpose of investigating a specific complaint under subsection (1), the registrar or any person authorized by the registrar for the purpose, shall have access during normal business hours to

(a) the business premises of any person who holds a licence or who is registered as an employer of in-house security guards, where there are reasonable and probable grounds to believe that those premises contain specific documents, correspondence and records relevant to the complaint; and

(b) the specific documents, correspondence and records in those premises which are relevant to the complaint;

and the registrar or person may make copies of, or take extracts from, the documents, correspondence and records.

Authority for access

22(3)       Where a person refuses to grant access to business premises or refuses to produce documents, correspondence or records for purposes of subsection (2), the registrar or any person authorized by the registrar for the purpose may apply to a justice for an order

(a) granting the registrar or person access to the business premises;

(b) granting the registrar or person access to specific documents, correspondence and records in those premises which are relevant to the complaint; and

(c) authorizing the registrar or person to make copies of, or take extracts from, the documents, correspondence and records.

Where order may be issued

22(4)       A justice may, on an ex parte application where necessary, issue the order referred to in subsection (3) if the justice is satisfied that

(a) there are reasonable and probable grounds to believe that the business premises in question contain specific documents, correspondence or records relevant to the complaint; and

(b) the authority for access is reasonable and necessary for purposes of investigating the complaint.

S.M. 2005, c. 49, s. 8.

Confidential information

23          Any information received by the registrar or the minister in connection with an application or a record or return required under this Act or in the course of an inquiry or investigation authorized by this Act shall not be disclosed without consent of the minister or except for the purposes of an appeal under this Act.

Notice of decision, etc.

24(1)       The registrar shall serve upon a person who in his opinion is affected thereby a notice of every direction, decision, order or ruling given or made by him.

Service

24(2)       For the purposes of subsection (1), service upon a person may be made by sending the notice by registered mail to his last known address.

S.M. 1992, c. 58, s. 25; S.M. 2005, c. 49, s. 9.

Appeal

25(1)       Any person whose licence or right to a licence is affected by a direction, decision, order or ruling given by the registrar may appeal the direction, decision, order or ruling to the Court of Queen's Bench, and the appeal shall be by way of trial de novo in the same manner as an appeal from a conviction, order or sentence made or given in proceedings under Part XXVII of the Criminal Code (Canada).

Rights of registrar on appeal

25(2)       On the hearing of an appeal under this section, the registrar may appear and tender evidence and may be represented by counsel.

Authority of court

25(3)       On an appeal under this section, the court may confirm or quash the direction, decision, order or ruling of the registrar appealed, and may make any direction, decision, order or ruling in respect of the subject matter of the appeal that the registrar might have made in the first instance; and the registrar shall comply with the order of the court.

S.M. 1991-92, c. 41, s. 22.

Right to counsel

26          Any person whose licence or right to a licence may be affected by a hearing held under this Act is entitled to be represented by counsel at the hearing.

Use of "private detective"

27          No person engaged in any business or employment, whether licensed under this Act or otherwise, shall use the expression "private detective" in connection with such business or employment or hold himself out in any manner as a private detective.

Name of business

28          No person shall engage in the business of providing private investigators or security guards in a name other than that in which he is licensed.

Confidence of private investigators, etc.

29          Except as legally authorized or required, no person shall divulge to anyone any information acquired by him as a private investigator.

Age limit

30          No person shall act as a private investigator or security guard unless he is 18 years of age or over.

Identification of private investigators

31(1)       No person acting as a private investigator shall have in his possession or display any badge, shield, card or other identification or evidence of authority except

(a) the prescribed identification card issued under this Act; and

(b) a business card containing no reference to licensing under this Act.

Identification card to be carried

31(2)       Every private investigator shall, while investigating, carry on his person the prescribed identification card issued to him under this Act and shall produce it for inspection at the request of any person.

Identification of security guard

32(1)       Every security guard while on duty shall carry on his person the prescribed identification card issued to him under this Act and shall produce it for inspection at the request of any person.

Evidence of authority

32(2)       No security guard, while on duty, shall have in his possession or display any evidence of authority except his uniform and the prescribed identification card issued under this Act.

Uniforms

33(1)       Subject to the terms and conditions of his or her licence, a security guard shall wear a uniform while acting as a security guard.

Use of uniform by private investigator

33(2)       No private investigator who is also licensed as a security guard shall act as a private investigator while in uniform.

S.M. 2005, c. 49, s. 10.

Licensees not to act as collectors, etc.

34          No person holding a licence under this Act shall act as a collector of accounts or bailiff, or undertake, or hold himself out, or advertise as undertaking, to collect accounts or to act as a bailiff for any person either with or without remuneration.

Holding out as police

35          No person holding a licence under this Act shall hold himself out in any manner as performing or providing services or duties connected with the police.

Advertising

36          Where, in the opinion of the registrar, any person holding a licence under this Act is making false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material, the registrar may order the immediate cessation of the use of the material.

Offence

37          Every person who

(a) knowingly furnishes false information in any application under this Act or any statement or return required to be furnished under this Act or the regulations; or

(b) fails to comply with any order, direction or other requirement made under this Act or the regulations; or

(c) contravenes any provision of this Act or the regulations;

is guilty of an offence and liable, on summary conviction, to a fine of not more than $10,000. or to imprisonment for a term of not more than one year, or to both and where the person is a corporation to a fine of not more than $10,000.

S.M. 2002, c. 26, s. 32.

Limitation

38(1)       No proceedings to prosecute a person for an offence under this Act may be commenced more than one year after the facts upon which the proceedings are based first come to the knowledge of the minister.

Consent of minister

38(2)       No proceedings to prosecute a person for an offence under this Act shall be commenced without the consent of the minister.

Certificate as evidence

39          A certificate signed by the registrar certifying

(a) that a person is licensed or not licensed under this Act; or

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

(b) that a person has filed or not filed any document or material required or permitted to be filed with the registrar; or

(c) as to any other matter pertaining to licensing or registration under this Act or filing of documents under this Act;

is, without proof of the office or signature of the registrar, prima facie proof of the facts certified therein for all purposes in any action, proceeding or prosecution.

S.M. 2005, c. 49, s. 11.

Regulations

40          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto, and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,

(a) prescribing classes of persons who shall be exempt from this Act or from any provision hereof in addition to those classes of persons mentioned in section 2;

(b) prescribing forms and providing for their use;

(c) requiring the payment of fees in connection with the issuance or renewal of licences and prescribing amounts thereof;

(d) governing the procedure for the issuance and renewal of licences and prescribing the terms and conditions thereof;

(d.1) respecting the qualifications to be met and the information to be provided by a person applying to obtain or renew a licence, including requiring a criminal record check from a law enforcement agency setting out convictions and outstanding charges against a person, under federal and provincial enactments;

(d.2) respecting the training to be undertaken or the competence to be demonstrated by a person applying to obtain or renew a licence, including the methods of demonstrating competence, the manner of conducting examinations and the qualifications to be met by those providing the training;

(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;

(e) prescribing the amount and form of bonds to be furnished under this Act, the classes of securities that are acceptable as collateral security to bonds, the conditions of forfeiture of bonds, the conditions upon which bonds may be cancelled, the period the bonds shall subsist, and respecting all matters consequent upon forfeiture;

(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;

(f) prescribing the forms and contents of identification cards for persons licensed under this Act and providing for the issuance thereof;

(g) requiring the keeping of books and records and the furnishing of information and returns by persons licensed or registered under this Act;

(h) governing the uniforms, badges and insignia that shall be worn by security guards.

S.M. 2002, c. 26, s. 33; S.M. 2005, c. 49, s. 12.

Provisions re regulations

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

S.M. 2005, c. 49, s. 13.