Locksmiths Licensing Act, 1996
EXPLANATORY NOTES
The Bill establishes a licensing system for persons engaged in or employed in the business of providing locksmith services. Those services include making, installing and repairing locks located in a wide range of places, as well as providing keys and other devices to open restricted locks, a category that manufacturers designate. In addition, the Bill prohibits a person from providing locksmith tools to another person unless both persons hold a licence.
The Registrar may make investigations regarding the suitability of persons applying for licences and, subject to holding a hearing, may suspend or revoke a licence.
While acting as a locksmith, a licensee is required to carry an identification card issued by the Registrar and to produce it upon request. A licensee who installs locks is required to meet certain minimum technical standards.
The Bill provides for investigations of any premises that an investigator believes on reasonable grounds contains evidence that a person has contravened or failed to comply with the Bill, the regulations or the terms of a licence.
The Bill establishes a system of offences for persons who fail to comply with the Bill, the regulations or the terms of a licence.
Bill 401996
An Act to provide for the licensing of locksmiths
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"licence" means a licence issued under this Act; ("permis")
"licensee" means a holder of a licence; ("titulaire d'un permis")
"lock" means a non-portable lock installed in a building, on a motor vehicle, on a safe or on a vault so as to control access to it or within it, but does not include a lock installed in a place designated by the regulations; ("serrure")
"locksmith" means a person who engages in or is employed in the business of,
(a) making, installing, servicing, repairing, coding or recoding locks, or
(b) making, copying, selling or otherwise providing keys to a restricted lock or any other means of opening a restricted lock that the manufacturer of the lock provides to the person who receives the lock in the normal course of business; ("serrurier")
"locksmith tool" means a tool designed to open a lock by a means other than the means that the manufacturer of the lock provides to the person who receives the lock in the normal course of business, but does not include tools designated by the regulations; ("outil de serrurier")
"record" includes a book of account, bank book, voucher, invoice, receipt, contract, correspondence and any other document regardless of whether the record is on paper or is in electronic, photographic or other form; ("document")
"Registrar" means the Registrar under the Private Investigators and Security Guards Act; ("registrateur")
"regulations" means the regulations made under this Act; ("règlements")
"restricted lock" means a lock that is activated by a key on which the manufacturer of the lock has stamped an indicationthat the key is not to be copied without the manufacturer's authorization. (" serrure enregistrée")
Licences
Licence required
2. (1) No person shall act as a locksmith or hold oneself out as a locksmith unless the person holds a licence.
Providing locksmith tools
(2) No person shall sell, lease, lend or otherwise provide locksmith tools to another person unless both persons hold a licence.
Receiving locksmith tools
(3) No person shall buy, lease, borrow or otherwise receive locksmith tools from another person unless both persons hold a licence.
Application for licence
3. (1) A person may apply to the Registrar for the issuance or the renewal of a licence.
Qualifications
(2) A person is not eligible for a licence unless the person,
(a) has attained the age of 18 years, if an individual;
(b) satisfies the standards prescribed in the regulations for competency to act as a locksmith; and
(c) passes the examinations that the Registrar designates to determine the person's competency to act as a locksmith.
Form of application
(3) An application for the issuance or the renewal of a licence shall be in a form approved by the Registrar, shall be completed and signed by the applicant and shall include,
(a) the information with respect to the application, including information relating to personal identification, that the Registrar determines or the regulations prescribe; and
(b) payment of the fee prescribed by the regulations.
Address for service
4. (1) Every applicant for the issuance or the renewal of a licence shall state in the application an address for service in Ontario.
Change in address
(2) A licensee who changes address for service shall notify the Registrar in writing within five days of making the change.
Service
(3) All notices under this Act are sufficiently given or served if sent by registered mail or delivered to the latest address given under this section.
Interpretation, interested person
5. For the purposes of sections 6 and 7, a person shall be deemed to be interested in another person if,
(a) the first person has, or may have in the opinion of the Registrar based on reasonable grounds, a beneficial interest in the other person's business;
(b) the first person exercises, or may exercise in the opinion of the Registrar based on reasonable grounds, control either directly or indirectly over the other person's business; or
(c) the first person has provided, or may have provided in the opinion of the Registrar based on reasonable grounds, financing either directly or indirectly to the other person's business.
Inquiries
6. (1) The Registrar may make such inquiries and conduct such investigations into the character and competence of an applicant for the issuance or the renewal of a licence or persons interested in the applicant as are necessary to determine whether the applicant meets the requirements of this Act and the regulations.
Corporations, partnerships
(2) If the applicant is a corporation or partnership, the Registrar may make the inquiries into or conduct the investigations of the officers, directors or partners of the applicant.
Costs
(3) The applicant shall pay the reasonable costs of the inquiries or investigations or provide security to the Registrar in a form acceptable to the Registrar for the payment.
Collection of information
(4) The Registrar may require information or material from any person who is the subject of the inquiries or investigations and may request information or material from any person who the Registrar has reason to believe can provide information or material relevant to the inquiries or investigations.
Disclosure
(5) Despite section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act, the head of an institution within the meaning of those Acts shall disclose to the Registrar the information or material that the Registrar requires under subsection (4).
Refusal to issue licence
7. The Registrar shall refuse to issue a licence to an applicant or to renew the licence of an applicant if,
(a) there are reasonable grounds to believe that the applicant will not act as a licensee in accordance with law, or with integrity, honesty, or in the public interest, having regard to the past conduct of,
(i) the applicant or persons interested in the applicant, or
(ii) the officers, directors or partners of the applicant, or persons interested in those officers, directors or partners, in the case of an applicant that is a corporation or partnership; or
(b) the applicant is carrying on activities that are, or will be, if a licence is issued to the applicant, in contravention of this Act, the regulations, the Criminal Code (Canada) or the terms of the licence.
Identification card
8. (1) Upon issuing or renewing a licence, the Registrar shall issue to the applicant an identification card bearing the name of the applicant, the licence number, the expiry date of the licence and the Registrar's signature or a facsimile of it.
Return of card
(2) A licensee to whom the Registrar has issued an identification card shall return it to the Registrar as soon as the licence is no longer in effect under this Act and shall not make any further use of it.
Terms of licence
9. (1) A licence is subject to such terms to give effect to the purposes of this Act as the Registrar or The Commercial Registration Appeal Tribunal impose or the regulations prescribe.
No transfers
(2) A licence is not transferable.
Suspension or revocation of licence
10. The Registrar may propose to suspend or to revoke a licence for any reason that would disentitle the licensee to the issuance or renewal of a licence under section 7 if the licensee were an applicant.
Registrar's proposed order
11. (1) If the Registrar refuses to issue or renew a license or proposes to suspend or revoke a license, the Registrar shall serve notice of a proposed order, together with written reasons, on the applicant or licensee.
Right to hearing
(2) The notice of the proposed order shall inform the applicant or licensee that the person is entitled to a hearing before The Commercial Registration Appeal Tribunal.
Request for hearing
(3) To request a hearing, the person shall serve a written request on the Registrar and the Tribunal within 15 days after the Registrar serves the notice of the proposed order.
If no hearing
(4) The Registrar may make the proposed order, if the person does not request a hearing within the allowed time.
Hearing
(5) If the person requests a hearing, the Tribunal shall schedule and hold the hearing.
Parties
(6) The Registrar, the person who requested the hearing and such other persons as the Tribunal may specify are parties to the hearing.
Order of Tribunal
(7) After holding a hearing, the Tribunal may by order,
(a) confirm or set aside the proposed order;
(b) direct the Registrar to take such action as the Tribunal considers the Registrar ought to take to give effect to the purposes of this Act.
Discretion of Tribunal
(8) In making an order, the Tribunal may substitute its opinion for that of the Registrar.
Terms of order
(9) The Tribunal may attach such terms to its order or to the licence as it considers appropriate.
Effect of order
(10) An order of the Tribunal takes effect immediately unless the Tribunal directs otherwise.
Immediate suspension
12. (1) The Registrar may by order suspend a licence without serving a proposed order under section 11 if the Registrar considers it to be necessary in the public interest.
Effect of order
(2) The Registrar shall serve a copy of the order made together with written reasons for it on the licensee and it takes effect immediately on being served.
Right to hearing
(3) Subsections 11 (2), (3) and (5) to (10) apply to the order in the same way as to a proposed order under that section.
Expiry of order
(4) If the licensee requests a hearing, the order expires on the day the order of The Commercial Registration Appeal Tribunal takes effect.
Combined hearing
(5) If the Registrar makes an order under this section with respect to a licensee before a hearing is held under section 11 with respect to a notice of a proposed order that the Registrar has served on the licensee, the Tribunal may hold only one hearing to deal with both the order made and the proposed order.
Continuation pending renewal
13. If within the time prescribed by the regulations, or if no time is prescribed, before the expiry of a licence, the licensee applies in accordance with the regulations for renewal of the licence and pays the fee set out in the regulations, the licence shall be deemed to continue,
(a) if the Registrar grants the renewal, until the renewal is granted;
(b) if the Registrar refuses to grant the renewal and the licensee does not request a hearing under section 11, until the time for requesting a hearing has expired; or
(c) if the Registrar refuses to grant the renewal and the licensee requests a hearing under section 11, until The Commercial Registration Appeal Tribunal has made its order.
Cancellation on request
14. The Registrar may cancel a licence upon the request in writing of the licensee and section 11 does not apply to the cancellation.
Further applications
15. (1) No person who is refused a licence or renewal of a licence or whose licence is revoked may apply to the Registrar for a licence until at least one year has passed since the refusal or revocation.
Suspended licences
(2) No person whose licence is suspended may apply to the Registrar for a licence during the suspension.
Rejection of further application
(3) Despite section 11, the Registrar may, without giving written reasons, reject an application made after the time period specified in subsection (1) if, in the Registrar's opinion, the application discloses no substantial new evidence or no material change in circumstances since the refusal, revocation or suspension took effect.
No hearing
(4) The Statutory Powers Procedure Act does not apply to the exercise of the Registrar's power under subsection (3).
Regulation of Licensees and Investigations
Identification card
16. (1) A licensee shall, while acting as a locksmith, carry the identification card that the Registrar has issued to the licensee under this Act and, upon request, shall produce it for inspection and quote the licence number on it.
Written material
(2) A licensee shall quote the licence number in all written material with respect to locks that the licensee sends to any person other than the licensee's employees and contractors.
Technical standards
17. No licensee shall make, install, service, repair, code or recode locks unless they meet the technical standards prescribed by the regulations.
Records
18. Every licensee shall maintain the records with respect to acting as a locksmith that the regulations prescribe.
Investigators
19. (1) The Minister responsible for the administration of this Act or a person authorized in writing by the Minister mayappoint a licensee to be an investigator for the purpose of determining whether there is compliance with this Act, the regulations or the terms of a licence, other than the licensee's own licence.
Certificate of appointment
(2) The Minister responsible for the administration of this Act or a person authorized in writing by the Minister shall issue to every investigator a certificate of appointment bearing the Minister's signature or a facsimile of it.
Proof of appointment
(3) Every investigator who exercises powers under this Act shall, upon request, produce the certificate of appointment as an investigator.
Investigation
20. (1) For the purpose of carrying out an investigation, an investigator may,
(a) subject to subsection (2), enter any premises that an investigator believes on reasonable grounds contains evidence that a person has contravened or failed to comply with this Act, the regulations or the terms of a licence;
(b) inquire into all financial transactions, records and other matters that are relevant to the evidence described in clause (a); or
(c) demand the production for inspection of anything described in clause (b).
Entry to dwellings
(2) An investigator shall not, without the consent of the occupier, exercise a power to enter a place that is being used as a dwelling, except under the authority of a search warrant issued under section 158 of the Provincial Offences Act.
Time for exercising powers
(3) An investigator shall exercise the powers mentioned in subsection (1) only during normal business hours for the place that the investigator has entered.
Written demand
(4) A demand mentioned in clause (1) (c) shall be in writing and shall include a statement of the nature of the things required.
Obligation to produce
(5) If an investigator makes a demand under clause (1) (c), the person having custody of the things shall produce them to the investigator.
Copies
(6) The investigator may, with reasonable dispatch, review or copy any of the things that are produced and may bring onto the premises anything that the investigator requires for making copies.
Admissibility of copies
(7) A copy certified by an investigator as a copy made under subsection (6) is admissible in evidence to the same extent, and has the same evidentiary value, as the thing copied.
Assistance
(8) An investigator may call upon any expert for such assistance as the investigator considers necessary in carrying out an investigation.
Computer search
(9) For the purpose of carrying out an investigation, an investigator may use any data storage, processing or retrieval device or system belonging to the persons being investigated in order to produce a record in readable form.
Assistance required
21. (1) An investigator may require information or material from a person who is the subject of an investigation under section 20 or from any person who the investigator has reason to believe can provide information or material relevant to the investigation.
Disclosure
(2) Despite section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act, the head of an institution within the meaning of those Acts shall disclose to the investigator the information or material that the investigator requires.
Obstruction
(3) No person shall obstruct an investigator who is exercising powers under this Act.
Records
(4) A person who is required to produce a record for an investigator shall, on request, provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce the record in a readable form.
Non-compellable witness
22. No person employed in the administration or enforcement of this Act shall be required to give testimony in any civil proceeding, except in a proceeding under this Act, with regard to information obtained in the discharge of the person's duties.
General
Offences
23. (1) A person is guilty of an offence who,
(a) knowingly furnishes false information in an application under this Act or in a statement or a record required to be furnished under this Act;
(b) contravenes or fails to comply with a term of a licence; or
(c) contravenes or fails to comply with section 2, subsection 6 (4) or (5), section 16, 17, 18 or 21.
Directors, officers
(2) Every director or officer of a corporation is guilty of an offence who,
(a) knowingly causes, authorizes, permits or participates in the commission by the corporation of an offence described in subsection (1); or
(b) fails to take reasonable care to prevent the corporation from committing an offence described in subsection (1).
Penalty, non-corporations
(3) A person who is not a corporation and who is convicted of an offence described in subsection (1) or (2) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both.
Penalty, corporations
(4) A corporation convicted of an offence described in subsection (1) is liable to a fine of not more than $25,000.
Regulations
24. (1) The Lieutenant Governor in Council may make regulations,
(a) exempting any person or class of persons from any provision of this Act or the regulations;
(b) designating a place for the purpose of the definition of "lock" in section 1;
(c) designating tools that are not included in the definition of "locksmith tool" in section 1;
(d) prescribing standards of competency that an applicant must satisfy to be entitled to a licence;
(e) governing applications for licences, including prescribing the information that an applicant is required to provide in an application;
(f) prescribing fees for licences and the renewal of licences;
(g) prescribing terms that attach to a licence;
(h) governing the expiry of licences and prescribing a time period for the purpose of section 13;
(i) prescribing technical standards for locks for the purpose of section 17;
(j) prescribing records to be kept by licensees with respect to acting as locksmiths;
(k) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.
Adoption by reference
(2) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, a code or standard and may require compliance with a code or standard adopted.
Scope of regulations
(3) A regulation may be general or particular in its application.
Commencement
25. This Act comes into force on the day it receives Royal Assent.
Short title
26. The short title of this Act is the Locksmiths Licensing Act, 1996.