Private Security and Investigative Services Act

Overview

  • Legislation Overview
  • Licence Expiry / Renewal /Revocation and Suspension
  • Uniforms
  • Equipment
  • Use of Animals
  • Vehicles
  • Exemptions from PSISA

LEGISLATION OVERVIEW

In Ontario, Security Guards and Private Investigators are presently regulated by provincial legislation called the Private Security and Investigative Services Act, or simply PSISA. The act was passed in 2005 but came into force on August 23, 2007, to enhance public safety and help professionalize the fast-growing private security industry in Ontario. It dictates all of the rules, laws, and regulations that security personnel must follow.

PSISA was introduced because the security industry had undergone significant changes in the 15 years since legislation regulating the industry in Ontario was first developed. As such, PSISA clarified the licensing requirements and introduced the mandatory training and equipment requirements an individual must acquire before becoming a working professional in the security industry.

These changes were viewed as necessary to ensure that both the public and private clients were adequately protected and that all practitioners had the necessary skills, knowledge, and abilities to carry out their jobs.

INDIVIDUAL LICENSE REQUIREMENTS

Anyone that wishes to become a security guard must obtain their licence. PSISA, 2005, chapter 34, section 10 states that ALL of the following mandatory criteria must be met:

  1. The person is 18 years or older
  2. The person is entitled to work in Canada
  3. The person posses a clean criminal record
  4. The person has successfully completed the 40 hour training course approved by the Ministry
  5. The person has successfully passed the 60 multiple choice security exam

On the other hand, any individual that does not meet the mandatory criteria is punishable by law if they attempt to do security work or call themselves a security guard.

PSISA, 2005, chapter 34, section 6 states:1

“No person shall act as a private investigator or security guard or hold himself or herself out as one unless the person holds the appropriate licence under this Act and,

  • is employed by a licenced business entity, a registered employer under section 5, or an employer that is not required to be registered;”

LICENCE EXPIRY / RENEWAL

Once obtained your licence will only be valid for two years. This means that it is your responsibility to renew your licence every second year. As part of the process you still have to be entitled to work in Canada and must undergo a criminal record check.

The registrar may decline to renew your licence if one of the following conditions is met:

  1. If the applicant is doing or will do activities in the future that contravene this Act and its regulations.
  2. If the past conduct of the applicant is dishonest, lack integrity, and is not in line with law.
  3. If the application has made false statements or provides false information for licence renewal.
  4. If the applicant is a business entity that cannot be financially responsible for its conduct, broken laws and acted without honesty and integrity, and if false statements or information is provided.
  5. If the applicant has been found guilty or convicted of an offence under the Criminal Records Act, has been convicted or found guilty of a provincial offence in any province or territory, is liable to pay a fine for a provincial offence that has not been paid, and has been convicted of a criminal offence under the law of another jurisdiction for which a pardon has not been granted.
  6. If grounds exist for which the issuance of an application may be refused.
  7. It is in the public’s best interest to refuse renewal of the license.

REVOCATION AND SUSPENSION

Not only does the registrar have the ability to decline your licence renewal but he/she can also revoke it.

PSISA, chapter 34, section 15 states:

“The Registrar may revoke a licence (a) for any reason for which the Registrar could refuse to issue or renew a licence and (b) if the licensee is in breach of a condition of the licence.”

When the registrar revokes a liscence, the holder is immediately suspended and prohibited from carrying any further security duties. The duration of the suspension can vary but generally continues until

  1. The licensee has requested an opportunity to be heard
  2. The registrar receives new information that proves the licence should not be revoked
  3. If the licensee does not request to be heard within 21 days of the revocation

UNIFORMS

In addition to all of the requirements for obtaining a security guard licence PSISA also outlines the type of uniforms2, equipment, and vehicles that security guards may use when performing their duties.

Affixed attached to.

As mentioned in section 1 of this online course material, we will now explain what a standard security guard uniform contains. PSISA, 2005, Ontario Regulation 362/07 states the following regulations for uniforms:

  1. The name, logo, or company crest must be affixed

on the outermost piece of the uniform

  • The word “SECURITY”, “SÉCURITÉ”, “SECURITY GUARD” or “AGENT DE SÉCURITÉ”, in upper case letters not less than 1.5 centimeters high and in a colour that contrasts with the dominant colour of the uniform, must be
    • permanently affixed on the outermost piece of the uniform and
    • affixed between two and three centimeters below the name, logo or crest of the licensee that employs the security guard, if the name, logo or crest appears anywhere else on the
    • uniform in addition to the chest of the outermost piece.
    • The word “SECURITY” or “SÉCURITÉ”, in upper case letters not less than 10 centimeters high and in a colour that contrasts with the dominant colour of the uniform, must be permanently affixed to the back of the outermost piece of the uniform unless the outermost piece of the uniform is a shirt with a collar, a sweater, a blazer, a sports jacket or a suit jacket
  • An identification tag with the security guard’s name or licence number must be affixed to the chest of the outermost piece of the uniform
  • The uniform must not have rank chevrons
  • If the uniform includes a shirt with a collar, the shirt must not be black or navy blue
  • The trousers must not have stripes, other than reflective safety stripes, down the side
  • The uniform must not include a police-style forage cap

As an aside, if any member of the public requests to see your licence, you are required to show it to them. You are not required to hand it over or show the back.

EQUIPMENT

Recall from section 1 of this online course material that security guards must bring five mandatory pieces of equipment to every shift. Do you remember what they are?

We also stated that some security guards may be required to bring additional equipment, like night vision goggles. PSISA, Ontario Regulation 366/07 the requirements for the following special equipment:

  1. Firearms – an individual may use a firearm ONLY if he/she is authorized under section 20 of the Firearms Act in Canada
  2. Batons – an individual may use a baton ONLY if the baton is issued by the business entity that employs him/her and for defensive purposes only. Note, special training is required be issued a baton.
  3. Handcuffs – an individual may use handcuffs ONLY if they are issued by the business entity that employs them.
  4. Restraints – an individual MAY NOT use cable or strip ties.

USE OF ANIMALS

In addition to using some of the special equipment, PSISA also has a very specific section on the use of animals. However, these cases are very unique and often do not come up in the standard duties of normal security guards. Nevertheless, PSISA, Ontario Regulation 365/07 states:

  1. An animal may not be used to control crowds, or for the pursuit of individuals
  2. An animal may not be used to guard or patrol a place unless it is accompanied by an individual licensee.
  3. A licensee may use a dog to track or detect people and things
  4. A dog may accompany the licensee for protection, must be led under the control of the licensee, and have a fluorescent identification tag
  5. Dogs must be first trained and are not allowed to seriously injure or kill people/animals

VEHICLES

For security guards that must do routine patrols of large premises, a vehicle becomes a necessary tool to use. Vehicles do not have to be marked or labeled in order to patrol the premises.

However, for those that are PSISA, Ontario Regulation 365/07 states5:

  1. The word “SECURITY” or “SÉCURITÉ”, in upper case letters, must be prominently displayed in a colour that contrasts with the colour of the vehicle,
    1. on both sides of the vehicle, in letters not less than 10 centimeters high; and
    1. on the front and back of the vehicle, in letters not less than 8 centimeters high
    1. The word “security” or “sécurité” may also appear in or as part of the licensee’s crest or logo
    1. The vehicle must not have any red, blue, gold or yellow stripes or any combination of red, blue, gold or yellow stripes, except as part of the licensee’s crest or logo

A vehicle is prohibited from having the following words on it: Detective or détective, Private detective or détective privé, police, officer or agent de police, law enforcement or exécution de la loi

EXEMPTIONS FROM PSISA

Finally, there are several individuals that might work or are associated with the private security industry that are exempt from PSISA and its regulations.

PSISA, Ontario Regulation 435/07 states6:

  1. Individuals authorized by other government acts like, solicitors, barristers and peace officers
  2. People paid to provide advice about security but do no practice themselves
  3. Individuals in the television and film industry
  4. Anyone licensed under the Insurance Act with their employment
  5. People living outside of Ontario and are investigating a person in Ontario
  6. People who are paid to search and provide information on financial credit, insurance, and employee suitability

SUMMARY

Legislation Overview

  • PSISA was passed in 2005 but came into force on August 23, 2007 and dictates all the rules, laws, and regulations that security personnel must follow.

Obtaining an Individual Licence

  • There are five mandatory criteria that must be met in order for a person to obtain a licence.

Licence Expiry / Renewal /Revocation and Suspension

  • The security guard licence expires every two years
  • The registrar may refuse to renew your licence
  • A licence can also be taken away from a security guard if he/she breaks any of regulations that contradict PSISA
  • You have the opportunity to appeal your case in order to get your licence back

Uniforms

  • A security guard uniform must not look like, or resemble that of a police officer including rank chevrons, trouser strips, or a police forged cap
  • The word security must appear at the front and back on the outermost layer with your ID tag.

Equipment

  • Special permissions for firearms, batons, and handcuffs must be obtained.

Use of Animals

  • It is very rare that animals are used by security guards.

Vehicles

  • Security vehicles do not have to be marked, but for those that are, there are special requirements to where and how the word “SECURITY” appears.

Exemptions from PSISA

  • Some individuals that are associated with the security industry are exempt from PSISA. For example, those working in the film industry.

TERMS

Mandatory Requirements are things that you must have in order to qualify for a security guard license.


Registrar the individual selected by the Lieutenant Governor in council that is responsible for keeping track of official records.


Contravene violate or break.

Jurisdiction the geographical area or subject-matter to which authority applies. Example, another country.


Revoke take back and remove all the privileges associated with having the licence.


Suspended prohibited from carrying on any further security duties.

Licensee the individual who holds the licence.


Legitimate justified with appropriate evidence.

Affixed attached to.

Dominant Colour the most influential or the most easily visible colour

Rank Chevrons an inverted V shaped badge or insignia attached to military or police uniforms to indicate rank or length of service. Please see picture

Five Equipment Pieces:
(1) Licence
(2) Uniform
(3) Flashlight
(4) Black ball point pen (5) Notebook

Firearms a pistol or portable gun.

Batons a short stick or staff.

Handcuffs a pair of lockable linked rings for securing a person’s wrists.

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