[37] Bill 79 Original (PDF)
Bill 79 2002
An Act to amend the
Private Investigators
and Security Guards Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Subsection 7 (1) of the Private Investigators and Security Guards Act is repealed and the following substituted:
Investigation of applicant
(1) The Registrar or any person authorized by him or her may make such inquiry and investigation as is considered sufficient regarding the character, financial position and competence of an applicant or licensee.
(2) Section 7 of the Act is amended by adding the following subsections:
Training requirement
(1.1) Before an applicant is licensed, the applicant shall satisfy the Registrar that he or she or, if the applicant is a corporation, an officer or director of the corporation, has a minimum level of training in private investigation and security.
Same
(1.2) The Registrar may accept as a minimum level of training,
(a) proof of successful completion of a training course or examination in private investigation and security provided by a college of applied arts and technology established by the Minister of Training, Colleges and Universities under the Ministry of Training, Colleges and Universities Act;
(b) proof of successful completion of a training course in private investigation and security from an institution in Canada, if the Registrar is satisfied that the training course is the equivalent of one referred to in clause (a);
(c) proof of successful completion of training courses provided by the Ontario Police College continued under the Police Services Act; or
(d) proof of successful completion of training courses in policing from an institution in Canada, if the Registrar is satisfied that the training is the equivalent of the training referred to in clause (c).
2. Section 8 of the Act is repealed and the following substituted:
Issuance of licence
8. (1) An applicant for a licence or renewal of a licence is entitled to a licence or the renewal of a licence by the Registrar unless the applicant is carrying on activities that are or will be, if the applicant is licensed, in contravention of this Act or the regulations or unless,
(a) having regard to the applicant's financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of business;
(b) the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry on business in accordance with law and with integrity and honesty;
(c) the applicant or an employee or agent of the applicant makes a false statement or provides a false statement in an application for a licence or for renewal of a licence;
(d) the applicant's level of training is such that the applicant does not meet the standard required under this Act; or
(e) the applicant is a corporation and,
(i) having regard to its financial position, 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 or directors, the applicant cannot reasonably be expected to be financially responsible in the conduct of its business,
(iii) the past conduct of its officers or directors affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honesty,
(iv) an officer or director of the corporation makes a false statement or provides a false statement in an application for a licence or for renewal of a licence, or
(v) the level of training of the applicant's officers and directors is such that the applicant does not meet the standard required under this Act.
Refusal to issue or renew licence
(2) The Registrar may refuse to licence an applicant or may refuse to renew a licence if, in his or her opinion, the applicant or licensee is not eligible for a licence or renewal of a licence under subsection (1).
Same
(3) The Registrar may refuse to renew a licence until the licensee successfully completes such additional courses of study or continuing education as are prescribed under this Act or may make the renewal of a licence contingent upon the licensee successfully completing such additional courses within a prescribed time.
Hearing
(4) The Registrar shall not refuse to grant or refuse to renew a licence without giving the applicant an opportunity to be heard.
Transition
(5) If an applicant for renewal of a licence was licensed on the day before this section comes into force, the Registrar may renew the applicant's licence even if the applicant does not meet the minimum standard of training required under this Act if the Registrar is satisfied that the applicant's experience is equivalent to the training required under this Act.
3. Subsection 34 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 39, section 26, is amended by adding the following clause:
(l) governing the qualifications that must be held by applicants for each type of licence, including,
(i) the training standards that must be met by an applicant,
(ii) if the applicant is a corporation, the training standards and qualifications that must be met by the corporation's officers and directors, and
(iii) additional courses of study or continuing education that must be undertaken by licensees and the time in which they must be successfully completed.
Commencement
4. This Act comes into force on the day it receives Royal Assent.
Short title
5. The short title of this Act is the Private Investigators and Security Guards Amendment Act, 2002.
EXPLANATORY NOTE
The Bill amends the Private Investigators and Security Guards Act to require that licensees under the Act meet certain educational and other standards.