|This is an unofficial archived version of The Private Investigators and Security Guards Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. P132
The Private Investigators and Security Guards Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"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 of kind of business or occupation of a person, or
(b) searches for offenders against the law, or
(c) searches for missing persons or property; ("detective 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")
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) members of the Corps of Commissionaires while acting within the objects of its incorporation;
(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 and security guards who are permanently employed by one employer in a business or undertaking other than the business of providing private investigators or security guards 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.
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.
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.
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.
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.
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.
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.
Each application shall be accompanied by the prescribed fees.
Each application for a licence shall be accompanied by a bond in the prescribed amount and form.
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;
(c) a bond of a guaranty company authorized to carry on business of a guaranty company under the laws of Manitoba.
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.
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.
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.
The registrar, or any person authorized by him, may make such inquiry or investigation as he deems sufficient regarding the character, 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.
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.
Where, in the opinion of the registrar, it is not against the public interest, he may issue a licence or a renewal of a licence.
The registrar may issue a licence subject to such terms and conditions as he deems advisable.
The registrar shall not refuse to grant or refuse to renew a licence without giving the applicant an opportunity to be heard.
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.
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.
A licence is not transferable and no licensee shall undertake, agree or purport to transfer his licence.
The licence of a private investigator or security guard is cancelled upon the termination of the employment in respect of which it was issued.
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.
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.
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.
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.
The registrar, or any person authorized by the registrar, may receive and investigate complaints respecting the business of any person carrying on the business of providing private investigators or security guards.
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 carrying on the business of providing private investigators or 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.
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.
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.
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.
The registrar shall serve upon a person who is in his opinion is affected thereby a notice of every direction, decision, order or ruling given or made by him.
For the purposes of subsection (1), service upon a person who is not a licensee may be made by sending the notice by registered mail to his last known address.
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 XXIV of the Criminal Code (Canada)
On the hearing of an appeal under this section, the registrar may appear and tender evidence and may be represented by counsel.
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.
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.
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.
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.
Except as legally authorized or required, no person shall divulge to anyone any information acquired by him as a private investigator.
No person shall act as a private investigator or security guard unless he is 18 years of age or over.
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.
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.
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.
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.
Every security guard shall wear a uniform while acting as a security guard.
No private investigator who is also licensed as a security guard shall act as a private investigator while in uniform.
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.
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.
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.
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 $1,000 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 $5, 000.
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.
No proceedings to prosecute a person for an offence under this Act shall be commenced without the consent of the minister.
A certificate signed by the registrar certifying
(a) that a person is licensed or not licensed under this Act; or
(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 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.
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;
(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;
(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 under this Act;
(h) governing the uniforms, badges and insignia that shall be worn by security guards.