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This version is current as of September 16, 2014.
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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 »)

"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 »)

"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 an individual who investigates and furnishes information for hire or reward, including an individual 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 registrar appointed under subsection 3(1); (« registraire »)

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

"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 »)

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

S.M. 1992, c. 58, s. 25; S.M. 2005, c. 49, s. 2; S.M. 2009, c. 24, 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 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.

S.M. 2009, c. 24, s. 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.

S.M. 2009, c. 24, s. 4.

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.

S.M. 2009, c. 24, s. 5.

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.

S.M. 2009, c. 24, s. 5.

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.

S.M. 2009, c. 24, s. 5.

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.

S.M. 2009, c. 24, s. 5.

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, or for the renewal of a registration, 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.

S.M. 2009, c. 24, s. 5; S.M. 2013, c. 54, s. 54.

6.1 and 6.2 [Repealed]

S.M. 2005, c. 49, s. 4; S.M. 2009, c. 24, s. 5.

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.

S.M. 2009, c. 24, s. 5.

7.1         [Repealed]

S.M. 2005, c. 49, s. 5; S.M. 2009, c. 24, s. 5.

Address for service

8           Every applicant for a registration, a licence or the renewal of a licence or a registration 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.

S.M. 2009, c. 24, s. 6; S.M. 2013, c. 54, s. 54.

9           [Repealed]

S.M. 2009, c. 24, s. 7.

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 this Act and 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 requirements of this Act and the regulations for being registered as a security guard employer, the registrar shall register the person.

S.M. 2002, c. 26, s. 31; S.M. 2005, c. 49, s. 6; S.M. 2009, c. 24, s. 8.

Terms of licence

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

S.M. 2009, c. 24, s. 9.

Hearing

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

S.M. 2009, c. 24, s. 10; S.M. 2013, c. 54, s. 54.

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.

S.M. 2009, c. 24, s. 11.

16          [Repealed]

S.M. 2009, c. 24, s. 12.

Transfers

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

18          [Repealed]

S.M. 2009, c. 24, s. 12.

Surrender of licence

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

S.M. 2009, c. 24, s. 13.

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.

S.M. 2005, c. 49, s. 7; S.M. 2009, c. 24, s. 14.

Suspension and cancellation

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

(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;

(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.

S.M. 2009, c. 24, s. 15.

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.

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.

S.M. 2009, c. 24, s. 16.

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.

S.M. 2005, c. 49, s. 8; S.M. 2009, c. 24, s. 17.

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.

S.M. 2009, c. 24, s. 17.

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.

S.M. 2009, c. 24, s. 17.

23          [Repealed]

S.M. 2009, c. 24, s. 18.

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, within 30 days after being served with the notice under section 24, 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; S.M. 2009, c. 24, s. 19.

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.

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.

S.M. 2009, c. 24, s. 20.

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 or her possession or display any badge, shield, card or other identification or evidence of authority except

(a) his or her licence; and

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

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.

S.M. 2009, c. 24, s. 21.

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.

S.M. 2009, c. 24, s. 22.

Uniforms

33(1)       Subject to the terms and conditions of his or her licence, a security guard shall wear a uniform approved by the registrar 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; S.M. 2009, c. 24, s. 23.

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.

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.

S.M. 2009, c. 24, s. 24.

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.

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.

S.M. 2009, c. 24, s. 25.

Certificate as evidence

39          A certificate signed by the registrar certifying

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

(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; S.M. 2011, c. 35, s. 40.

Forms

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

S.M. 2009, c. 24, s. 26.

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.

S.M. 2009, c. 24, s. 26.

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;

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

(b) [repealed] S.M. 2009, c. 24, s. 27;

(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 as a security guard employer, including the information to be provided by the person applying to be registered or to renew their registration, and the fees to be paid;

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

(f) [repealed] S.M. 2009, c. 24, s. 27;

(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;

(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; S.M. 2009, c. 24, s. 27; S.M. 2013, c. 54, s. 54.

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.

 

 


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