Private Investigator Business Opportunity
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Job Prospects
Keen competition is expected because private detective and investigator careers attract many qualified people, including relatively young retirees from law enforcement and military careers. The best opportunities will be in entry-level jobs with detective agencies or in stores that hire detectives on a part-time basis. The best prospects for those seeking store detective jobs will be with large chains and discount stores.
Keen competition is expected because private detective and investigator careers attract many qualified people, including relatively young retirees from law enforcement and military careers. The best opportunities will be in entry-level jobs with detective agencies or in stores that hire detectives on a part-time basis. The best prospects for those seeking store detective jobs will be with large chains and discount stores.
posted by 12/11/06 2:10 AM
Private Investigator Business Opportunity Help
For anyone aspiring to a private investigator business opportunity, any resources that save time when conducting a case can be invaluable. It used to take me ages to get hold of the facts that several online companies are now providing. To be able, for example, to be able to get utilities, telephone and social data for an individual at the flick of your keypad means you can often wrap up an investigation in half the time it used to take.
I have picked the best resource sites I've found and listed them below. Check them out.
Records Registry
Web Investigator
Webstigate
Instant Detective
These great guys have done all the hard work for you. Fab!
For anyone aspiring to a private investigator business opportunity, any resources that save time when conducting a case can be invaluable. It used to take me ages to get hold of the facts that several online companies are now providing. To be able, for example, to be able to get utilities, telephone and social data for an individual at the flick of your keypad means you can often wrap up an investigation in half the time it used to take.
I have picked the best resource sites I've found and listed them below. Check them out.
Records Registry
Web Investigator
Webstigate
Instant Detective
These great guys have done all the hard work for you. Fab!
posted by 09/11/06 10:31 AM
Find Him
Insurance companies use PIs constantly. Especially if your needs fall into surveillance and background checks, an excellent resource is your own homeowners insurance company. Ask to speak to a claims representative. With a few inquiries, you should be able to pinpoint which investigators your insurance company uses, which is a good referral.
Insurance companies use PIs constantly. Especially if your needs fall into surveillance and background checks, an excellent resource is your own homeowners insurance company. Ask to speak to a claims representative. With a few inquiries, you should be able to pinpoint which investigators your insurance company uses, which is a good referral.
posted by 08/11/06 1:17 PM
Private Investigator Bill, Ontario: Pt 4
Interested persons
(3) For the purposes of subsection (2), a person is an interested person in respect of an applicant if, in the opinion of the Registrar,
(a) the person has or may have a beneficial interest in the applicant's business;
(b) the person exercises or may exercise control either directly or indirectly over the applicant; or
(c) the person has provided or may have provided financing either directly or indirectly to the applicant's business.
Conditions
14. (1) A licence is subject to such conditions as are prescribed or that are imposed by the Registrar under subsection (2).
Same
(2) The Registrar may issue or renew a licence subject to such conditions as he or she considers appropriate and may, at any time, attach such additional conditions as he or she considers appropriate to an existing licence.
Revocation
15. (1) The Registrar may revoke a licence,
(a) for any reason for which the Registrar could refuse to issue or renew a licence under subsection 13 (2); or
(b) if the licensee is in breach of a condition of his or her licence.
Immediate suspension
(2) If the Registrar proposes to revoke a licence and he or she considers it to be in the interest of public safety to do so, the Registrar may by order suspend the licence and any such order takes effect immediately.
Duration of suspension
(3) Despite anything contained in the Statutory Powers Procedure Act, a suspension under subsection (2) continues in effect until,
(a) if the licensee requests a hearing under subsection 16 (3), a final determination has been made in respect of the proposed revocation as a result of there being no further right of appeal;
(b) the Registrar receives new information that leads the Registrar to believe that the licence should not be revoked; or
(c) if the licensee does not request a hearing within the time permitted under subsection 16 (3), the Registrar revokes the licence.
Interested persons
(3) For the purposes of subsection (2), a person is an interested person in respect of an applicant if, in the opinion of the Registrar,
(a) the person has or may have a beneficial interest in the applicant's business;
(b) the person exercises or may exercise control either directly or indirectly over the applicant; or
(c) the person has provided or may have provided financing either directly or indirectly to the applicant's business.
Conditions
14. (1) A licence is subject to such conditions as are prescribed or that are imposed by the Registrar under subsection (2).
Same
(2) The Registrar may issue or renew a licence subject to such conditions as he or she considers appropriate and may, at any time, attach such additional conditions as he or she considers appropriate to an existing licence.
Revocation
15. (1) The Registrar may revoke a licence,
(a) for any reason for which the Registrar could refuse to issue or renew a licence under subsection 13 (2); or
(b) if the licensee is in breach of a condition of his or her licence.
Immediate suspension
(2) If the Registrar proposes to revoke a licence and he or she considers it to be in the interest of public safety to do so, the Registrar may by order suspend the licence and any such order takes effect immediately.
Duration of suspension
(3) Despite anything contained in the Statutory Powers Procedure Act, a suspension under subsection (2) continues in effect until,
(a) if the licensee requests a hearing under subsection 16 (3), a final determination has been made in respect of the proposed revocation as a result of there being no further right of appeal;
(b) the Registrar receives new information that leads the Registrar to believe that the licence should not be revoked; or
(c) if the licensee does not request a hearing within the time permitted under subsection 16 (3), the Registrar revokes the licence.
posted by 26/10/06 7:34 AM
Private Investigator Bill, Ontario: Pt 3
PART III
PROHIBITIONS
Individual licence
6. No person shall act as a private investigator or a security guard or hold himself or herself out as one unless the person holds the appropriate licence under this Act and,
(a) is employed by a licensed business entity, a registered employer under section 5, or an employer that is not required to be registered; or
(b) is the sole proprietor of a licensed business entity or is a partner in a licensed business entity.
Licence to engage in the business
7. (1) No person shall sell the services of private investigators or security guards or hold themself out as available to sell such services, unless,
(a) the person holds the appropriate licence under this Act; or
(b) the person is an employee of a licensee described in clause (a) and is acting on behalf of that licensee in the normal course of his or her duties.
Branch offices
(2) No person shall engage in the business of selling the services of private investigators or security guards from more than one place at which the public is invited to deal unless the person is licensed, with one place designated by the licensee as the main office and the remainder as branch offices.
Change in business entity
8. (1) Subject to subsection (2), if there is a change in the officers, directors or partners of a business entity that is a licensee, the business entity shall not continue to act or offer services under the licence.
Same
(2) Where there is a change in the officers, directors or partners of a business entity, the Registrar may consent, in writing, to the business entity continuing to act or offer services under the existing licence, in which case subsection (1) does not apply.
Sole proprietorships
(3) Where the holder of a licence who is a sole proprietor dies or becomes incapable, the Registrar may issue a temporary licence, that is valid for the time stipulated in the licence, to permit the sole proprietor's business to be maintained or wound down.
Licensee may not act as collector, etc.
9. No person who holds a licence to act as a private investigator or security guard shall act or hold himself, herself or itself as being available to act with respect to,
(a) the collection of accounts;
(b) acting as a bailiff; or
(c) an eviction under the Tenant Protection Act, 1997.
PART IV
LICENSING
Mandatory Requirements
Mandatory requirements
10. (1) No person is eligible to hold a licence under this Act unless,
(a) the person possesses a clean criminal record; and
(b) in the case of an individual,
(i) the person is 18 years old or older,
(ii) the person is entitled to work in Canada, and
(iii) the person has successfully completed all prescribed training and testing.
Loss of requirement
(2) If, at any time subsequent to being issued a licence, a person ceases to meet a requirement set out in subsection (1), the person shall not continue to act or offer services under the licence and shall return the licence to the Registrar as required under section 37 within five days, excluding Saturdays, Sundays and public holidays, within the meaning of the Employment Standards Act, 2000.
Notice by Registrar
(3) Where the Registrar becomes aware that a person no longer meets a requirement set out in subsection (1), the Registrar shall promptly give the person notice that the Registrar's records have been changed to show that the person no longer has a valid licence.
Request to reconsider
(4) Where the Registrar has given notice under subsection (3), the person to whom notice has been given may request that the Registrar reconsider the change to the Registrar's records, and the Registrar may consider any relevant information in doing so.
"Clean criminal record"
(5) For the purposes of subsection (1), a person possesses a "clean criminal record" if,
(a) the person has not been convicted of a prescribed offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other Act of Canada; or
(b) the person has been convicted of such an offence and a pardon under the Criminal Records Act (Canada) has been issued or granted.
Application
Application for licence
11. (1) A person who applies to the Registrar for the issuance or renewal of a licence shall,
(a) provide a mailing address for service in Ontario;
(b) pay the required fee for the issuance or renewal of the appropriate licence;
(c) provide a declaration that lists,
(i) all of the person's convictions for and findings of guilt for offences under a law of Canada up to the date of the declaration for which a pardon under the Criminal Records Act (Canada) has not been issued or granted,
(ii) all of the person's convictions for and findings of guilt for a provincial offence or an offence under a law of any other province or territory of Canada,
(iii) all fines levied against the person for a provincial offence that remain unpaid on the date of the declaration,
(iv) all of the person's convictions for criminal offences under the laws of other jurisdictions for which a pardon has not been issued or granted,
(v) all charges for allegedly committing an offence against a law of Canada that have been laid against the person and that have not been resolved on the date of the declaration, and
(vi) all charges for allegedly committing a criminal offence against the laws of another jurisdiction that have been laid against the person and that have not been resolved on the date of the declaration;
(d) provide consent for the Registrar to collect information on any matter mentioned in clause (c);
(e) if the person is a business entity, provide the things required under clauses (c) and (d) in respect of the business entity and of every officer, director or partner, as the case may be, of the business entity;
(f) if the person is an individual, provide proof,
(i) of his or her age,
(ii) of his or her entitlement to work in Canada, and
(iii) that he or she has successfully completed all prescribed training and testing; and
(g) in the case of a licence to engage in the business of selling the services of private investigators or security guards, provide proof of the insurance required under section 30.
Registrar may require
(2) The Registrar may require an applicant to provide,
(a) his or her fingerprints;
(b) a clearly recognizable photograph of the applicant;
(c) his or her consent for the Registrar to have local police conduct a background check, including information regarding convictions and findings of guilt;
(d) his or her consent for the Registrar to investigate the person's immigration status in Canada; and
(e) any other information or material as the Registrar considers necessary, including personal information within the meaning of the Freedom of Information and Protection of Privacy Act, in order to determine,
(i) whether the applicant meets the requirements for the issuance or renewal of a licence, and
(ii) whether, in the Registrar's opinion, any of paragraphs 1 to 7 of subsection 13 (2) applies in respect of the applicant.
Business entity
(3) If the applicant is a business entity, subsection (2) applies in respect of any officer, director or partner, as the case may be.
How information provided
(4) An applicant shall provide information or material required under this section in a form and manner as may be required by the Registrar.
Licences - general rules
12. The following rules apply in respect of licences and licensees:
1. A licence shall clearly indicate what type of licence it is.
2. A licence shall clearly indicate the date on which it expires.
3. A person may be issued more than one type of licence, but, regardless of the licences a person holds, the person may not act as a security guard and a private investigator at the same time.
4. Every licence shall display a clearly recognizable photograph of the holder, if the holder is an individual.
5. A licence is not transferable.
Issuance of licence
13. (1) An applicant who meets the requirements set out in this Act and the regulations for the applicable licence is entitled to the issuance or renewal of a licence unless subsection (2) applies.
Registrar may decline
(2) The Registrar may decline to issue or renew a licence if the Registrar is of the opinion that one of the following applies, and if the Registrar is of the opinion that the matter is relevant to the applicant's fitness to hold a licence:
1. The applicant or an interested person in respect of the applicant is carrying on activities,
i. that are in contravention of this Act or the regulations, or
ii. that will be in contravention of this Act or the regulations if the applicant is issued a licence or a licence is renewed.
2. The past conduct of the applicant or of an interested person in respect of the applicant affords reasonable grounds to believe that the applicant will not carry on business in accordance with the law and with integrity and honesty.
3. The applicant, an employee or agent of the applicant makes a false statement or provides a false statement in an application for a licence or for a renewal of the licence.
4. The applicant is a business entity and,
i. having regard to its financial position or the financial position of an interested person, the applicant cannot reasonably be expected to be financially responsible in the conduct of its business,
ii. having regard to the financial position of its officers, directors or partners or of an interested person, the applicant cannot reasonably be expected to be financially responsible in the conduct of its business,
PART III
PROHIBITIONS
Individual licence
6. No person shall act as a private investigator or a security guard or hold himself or herself out as one unless the person holds the appropriate licence under this Act and,
(a) is employed by a licensed business entity, a registered employer under section 5, or an employer that is not required to be registered; or
(b) is the sole proprietor of a licensed business entity or is a partner in a licensed business entity.
Licence to engage in the business
7. (1) No person shall sell the services of private investigators or security guards or hold themself out as available to sell such services, unless,
(a) the person holds the appropriate licence under this Act; or
(b) the person is an employee of a licensee described in clause (a) and is acting on behalf of that licensee in the normal course of his or her duties.
Branch offices
(2) No person shall engage in the business of selling the services of private investigators or security guards from more than one place at which the public is invited to deal unless the person is licensed, with one place designated by the licensee as the main office and the remainder as branch offices.
Change in business entity
8. (1) Subject to subsection (2), if there is a change in the officers, directors or partners of a business entity that is a licensee, the business entity shall not continue to act or offer services under the licence.
Same
(2) Where there is a change in the officers, directors or partners of a business entity, the Registrar may consent, in writing, to the business entity continuing to act or offer services under the existing licence, in which case subsection (1) does not apply.
Sole proprietorships
(3) Where the holder of a licence who is a sole proprietor dies or becomes incapable, the Registrar may issue a temporary licence, that is valid for the time stipulated in the licence, to permit the sole proprietor's business to be maintained or wound down.
Licensee may not act as collector, etc.
9. No person who holds a licence to act as a private investigator or security guard shall act or hold himself, herself or itself as being available to act with respect to,
(a) the collection of accounts;
(b) acting as a bailiff; or
(c) an eviction under the Tenant Protection Act, 1997.
PART IV
LICENSING
Mandatory Requirements
Mandatory requirements
10. (1) No person is eligible to hold a licence under this Act unless,
(a) the person possesses a clean criminal record; and
(b) in the case of an individual,
(i) the person is 18 years old or older,
(ii) the person is entitled to work in Canada, and
(iii) the person has successfully completed all prescribed training and testing.
Loss of requirement
(2) If, at any time subsequent to being issued a licence, a person ceases to meet a requirement set out in subsection (1), the person shall not continue to act or offer services under the licence and shall return the licence to the Registrar as required under section 37 within five days, excluding Saturdays, Sundays and public holidays, within the meaning of the Employment Standards Act, 2000.
Notice by Registrar
(3) Where the Registrar becomes aware that a person no longer meets a requirement set out in subsection (1), the Registrar shall promptly give the person notice that the Registrar's records have been changed to show that the person no longer has a valid licence.
Request to reconsider
(4) Where the Registrar has given notice under subsection (3), the person to whom notice has been given may request that the Registrar reconsider the change to the Registrar's records, and the Registrar may consider any relevant information in doing so.
"Clean criminal record"
(5) For the purposes of subsection (1), a person possesses a "clean criminal record" if,
(a) the person has not been convicted of a prescribed offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other Act of Canada; or
(b) the person has been convicted of such an offence and a pardon under the Criminal Records Act (Canada) has been issued or granted.
Application
Application for licence
11. (1) A person who applies to the Registrar for the issuance or renewal of a licence shall,
(a) provide a mailing address for service in Ontario;
(b) pay the required fee for the issuance or renewal of the appropriate licence;
(c) provide a declaration that lists,
(i) all of the person's convictions for and findings of guilt for offences under a law of Canada up to the date of the declaration for which a pardon under the Criminal Records Act (Canada) has not been issued or granted,
(ii) all of the person's convictions for and findings of guilt for a provincial offence or an offence under a law of any other province or territory of Canada,
(iii) all fines levied against the person for a provincial offence that remain unpaid on the date of the declaration,
(iv) all of the person's convictions for criminal offences under the laws of other jurisdictions for which a pardon has not been issued or granted,
(v) all charges for allegedly committing an offence against a law of Canada that have been laid against the person and that have not been resolved on the date of the declaration, and
(vi) all charges for allegedly committing a criminal offence against the laws of another jurisdiction that have been laid against the person and that have not been resolved on the date of the declaration;
(d) provide consent for the Registrar to collect information on any matter mentioned in clause (c);
(e) if the person is a business entity, provide the things required under clauses (c) and (d) in respect of the business entity and of every officer, director or partner, as the case may be, of the business entity;
(f) if the person is an individual, provide proof,
(i) of his or her age,
(ii) of his or her entitlement to work in Canada, and
(iii) that he or she has successfully completed all prescribed training and testing; and
(g) in the case of a licence to engage in the business of selling the services of private investigators or security guards, provide proof of the insurance required under section 30.
Registrar may require
(2) The Registrar may require an applicant to provide,
(a) his or her fingerprints;
(b) a clearly recognizable photograph of the applicant;
(c) his or her consent for the Registrar to have local police conduct a background check, including information regarding convictions and findings of guilt;
(d) his or her consent for the Registrar to investigate the person's immigration status in Canada; and
(e) any other information or material as the Registrar considers necessary, including personal information within the meaning of the Freedom of Information and Protection of Privacy Act, in order to determine,
(i) whether the applicant meets the requirements for the issuance or renewal of a licence, and
(ii) whether, in the Registrar's opinion, any of paragraphs 1 to 7 of subsection 13 (2) applies in respect of the applicant.
Business entity
(3) If the applicant is a business entity, subsection (2) applies in respect of any officer, director or partner, as the case may be.
How information provided
(4) An applicant shall provide information or material required under this section in a form and manner as may be required by the Registrar.
Licences - general rules
12. The following rules apply in respect of licences and licensees:
1. A licence shall clearly indicate what type of licence it is.
2. A licence shall clearly indicate the date on which it expires.
3. A person may be issued more than one type of licence, but, regardless of the licences a person holds, the person may not act as a security guard and a private investigator at the same time.
4. Every licence shall display a clearly recognizable photograph of the holder, if the holder is an individual.
5. A licence is not transferable.
Issuance of licence
13. (1) An applicant who meets the requirements set out in this Act and the regulations for the applicable licence is entitled to the issuance or renewal of a licence unless subsection (2) applies.
Registrar may decline
(2) The Registrar may decline to issue or renew a licence if the Registrar is of the opinion that one of the following applies, and if the Registrar is of the opinion that the matter is relevant to the applicant's fitness to hold a licence:
1. The applicant or an interested person in respect of the applicant is carrying on activities,
i. that are in contravention of this Act or the regulations, or
ii. that will be in contravention of this Act or the regulations if the applicant is issued a licence or a licence is renewed.
2. The past conduct of the applicant or of an interested person in respect of the applicant affords reasonable grounds to believe that the applicant will not carry on business in accordance with the law and with integrity and honesty.
3. The applicant, an employee or agent of the applicant makes a false statement or provides a false statement in an application for a licence or for a renewal of the licence.
4. The applicant is a business entity and,
i. having regard to its financial position or the financial position of an interested person, the applicant cannot reasonably be expected to be financially responsible in the conduct of its business,
ii. having regard to the financial position of its officers, directors or partners or of an interested person, the applicant cannot reasonably be expected to be financially responsible in the conduct of its business,
posted by 26/10/06 7:32 AM
Private Investigator Bill, Ontario: Pt 2
Remunerative work
(8) In subsections (2), (4), (6) and (7), a reference to performing work for remuneration includes performing work pursuant to an agreement that provides that the remuneration paid is contingent, in whole or in part, on the completion of the work.
PART II
ADMINISTRATION
Registrar
Registrar
3. (1) The Lieutenant Governor in Council shall appoint a Registrar of Private Investigators and Security Guards.
Deputy registrars
(2) The Lieutenant Governor in Council may appoint one or more deputy registrars who may act as Registrar during the Registrar's absence or inability to act.
Types of Licences
Types of licences
4. The following are the types of licences that may be issued under this Act:
1. A licence to act as a private investigator.
2. A licence to act as a security guard.
3. A licence to engage in the business of selling the services of private investigators.
4. A licence to engage in the business of selling the services of security guards.
5. A licence to act as both a private investigator and a security guard.
6. A licence to engage in the business of selling the services of both private investigators and security guards.
Registration
Registered employer
5. If a business entity, other than a business entity that engages in the business of selling the services of private investigators or security guards to the public, employs a private investigator or security guard, that business entity shall,
(a) register as an employer in accordance with the prescribed requirements; and
(b) provide the Registrar with a mailing address for service in Ontario, and notify the Registrar of any change in its mailing address within five days of the change.
Remunerative work
(8) In subsections (2), (4), (6) and (7), a reference to performing work for remuneration includes performing work pursuant to an agreement that provides that the remuneration paid is contingent, in whole or in part, on the completion of the work.
PART II
ADMINISTRATION
Registrar
Registrar
3. (1) The Lieutenant Governor in Council shall appoint a Registrar of Private Investigators and Security Guards.
Deputy registrars
(2) The Lieutenant Governor in Council may appoint one or more deputy registrars who may act as Registrar during the Registrar's absence or inability to act.
Types of Licences
Types of licences
4. The following are the types of licences that may be issued under this Act:
1. A licence to act as a private investigator.
2. A licence to act as a security guard.
3. A licence to engage in the business of selling the services of private investigators.
4. A licence to engage in the business of selling the services of security guards.
5. A licence to act as both a private investigator and a security guard.
6. A licence to engage in the business of selling the services of both private investigators and security guards.
Registration
Registered employer
5. If a business entity, other than a business entity that engages in the business of selling the services of private investigators or security guards to the public, employs a private investigator or security guard, that business entity shall,
(a) register as an employer in accordance with the prescribed requirements; and
(b) provide the Registrar with a mailing address for service in Ontario, and notify the Registrar of any change in its mailing address within five days of the change.
posted by 26/10/06 7:29 AM
Private Investigator Bill, Ontario: Pt 1
Bill 159 2004
An Act to revise the
Private Investigators and
Security Guards Act and to make a
consequential amendment to the
Licence Appeal Tribunal Act, 1999
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
INTERPRETATION AND APPLICATION
Definitions
1. In this Act,
"business entity" means a corporation, partnership or sole proprietorship; ("entreprise")
"employee" includes a person, whether or not employed under a contract of employment, who performs work or services for another person for remuneration on such conditions that he or she is in a position of economic dependence upon, and under an obligation to perform duties for, that person more closely resembling the relationship of an employee than that of an independent contractor; ("employé")
"licensee" means an individual or business entity that holds a licence under this Act, and "licensed" has a corresponding meaning; ("titulaire de permis")
"prescribed" means prescribed by the regulations; ("prescrit")
"provincial offence" means an offence under an Act of the Legislature or under a regulation made under the authority of an Act of the Legislature; ("infraction provinciale")
"Registrar" means the Registrar of Private Investigators and Security Guards appointed under section 3; ("registrateur")
"Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999. ("Tribunal")
Application
2. (1) This Act applies to private investigators within the meaning of subsection (2) and to security guards within the meaning of subsection (4).
Private investigators
(2) A private investigator is a person who performs work, for remuneration, that consists primarily of conducting investigations in order to provide information.
Same
(3) Examples of the types of information referred to in subsection (2) include information on,
(a) the character or actions of a person;
(b) the business or occupation of a person; and
(c) the whereabouts of persons or property.
Security guards
(4) A security guard is a person who performs work, for remuneration, that consists primarily of protecting persons or property.
Same
(5) Examples of the types of work that protect persons or property include,
(a) guarding or patrolling property;
(b) acting as a bouncer;
(c) acting as a bodyguard; and
(d) performing services to prevent the loss of property through theft or sabotage in an industrial, commercial, residential or retail environment.
Soliciting or procuring services
(6) A person who performs work, for remuneration, that consists primarily of acting for or aiding others in soliciting or procuring the services of a private investigator or security guard shall be deemed to be in the business of selling private investigator or security guard services.
Non-application
(7) This Act does not apply to,
(a) barristers or solicitors engaged in the practice of their profession;
(b) persons who perform work, for remuneration, that consists primarily of searching for and providing information on,
(i) the financial credit rating of persons,
(ii) the qualifications and suitability of applicants for insurance and indemnity bonds, or
(iii) the qualifications and suitability of persons as employees or prospective employees;
(c) a person who is acting as a peace officer;
(d) insurance adjusters and their employees licensed under the Insurance Act while acting in the usual and regular scope of their employment;
(e) insurance companies and their employees licensed under the Insurance Act while acting in the usual and regular scope of their employment;
(f) persons residing outside Ontario who are licensed employees of a private investigation agency licensed or registered in a jurisdiction outside Ontario, but elsewhere in Canada who,
(i) on behalf of a person situated outside Ontario, make an investigation or inquiry partly outside Ontario and partly within Ontario, and
(ii) come into Ontario solely for the purpose of such investigation or inquiry;
(g) persons who receive remuneration for work that consists primarily of providing advice with respect to security requirements but who are not soliciting or procuring the services of private investigators or security guards for the purposes of subsection (6);
(h) persons who receive remuneration for work that consists primarily of providing an armoured vehicle service;
(i) locksmiths; and
(j) any class of persons exempted by the regulations.
Bill 159 2004
An Act to revise the
Private Investigators and
Security Guards Act and to make a
consequential amendment to the
Licence Appeal Tribunal Act, 1999
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
INTERPRETATION AND APPLICATION
Definitions
1. In this Act,
"business entity" means a corporation, partnership or sole proprietorship; ("entreprise")
"employee" includes a person, whether or not employed under a contract of employment, who performs work or services for another person for remuneration on such conditions that he or she is in a position of economic dependence upon, and under an obligation to perform duties for, that person more closely resembling the relationship of an employee than that of an independent contractor; ("employé")
"licensee" means an individual or business entity that holds a licence under this Act, and "licensed" has a corresponding meaning; ("titulaire de permis")
"prescribed" means prescribed by the regulations; ("prescrit")
"provincial offence" means an offence under an Act of the Legislature or under a regulation made under the authority of an Act of the Legislature; ("infraction provinciale")
"Registrar" means the Registrar of Private Investigators and Security Guards appointed under section 3; ("registrateur")
"Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999. ("Tribunal")
Application
2. (1) This Act applies to private investigators within the meaning of subsection (2) and to security guards within the meaning of subsection (4).
Private investigators
(2) A private investigator is a person who performs work, for remuneration, that consists primarily of conducting investigations in order to provide information.
Same
(3) Examples of the types of information referred to in subsection (2) include information on,
(a) the character or actions of a person;
(b) the business or occupation of a person; and
(c) the whereabouts of persons or property.
Security guards
(4) A security guard is a person who performs work, for remuneration, that consists primarily of protecting persons or property.
Same
(5) Examples of the types of work that protect persons or property include,
(a) guarding or patrolling property;
(b) acting as a bouncer;
(c) acting as a bodyguard; and
(d) performing services to prevent the loss of property through theft or sabotage in an industrial, commercial, residential or retail environment.
Soliciting or procuring services
(6) A person who performs work, for remuneration, that consists primarily of acting for or aiding others in soliciting or procuring the services of a private investigator or security guard shall be deemed to be in the business of selling private investigator or security guard services.
Non-application
(7) This Act does not apply to,
(a) barristers or solicitors engaged in the practice of their profession;
(b) persons who perform work, for remuneration, that consists primarily of searching for and providing information on,
(i) the financial credit rating of persons,
(ii) the qualifications and suitability of applicants for insurance and indemnity bonds, or
(iii) the qualifications and suitability of persons as employees or prospective employees;
(c) a person who is acting as a peace officer;
(d) insurance adjusters and their employees licensed under the Insurance Act while acting in the usual and regular scope of their employment;
(e) insurance companies and their employees licensed under the Insurance Act while acting in the usual and regular scope of their employment;
(f) persons residing outside Ontario who are licensed employees of a private investigation agency licensed or registered in a jurisdiction outside Ontario, but elsewhere in Canada who,
(i) on behalf of a person situated outside Ontario, make an investigation or inquiry partly outside Ontario and partly within Ontario, and
(ii) come into Ontario solely for the purpose of such investigation or inquiry;
(g) persons who receive remuneration for work that consists primarily of providing advice with respect to security requirements but who are not soliciting or procuring the services of private investigators or security guards for the purposes of subsection (6);
(h) persons who receive remuneration for work that consists primarily of providing an armoured vehicle service;
(i) locksmiths; and
(j) any class of persons exempted by the regulations.
posted by 26/10/06 7:28 AM
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