O. Reg. 26/10: TRAINING AND TESTING

Private Security and Investigative Services Act, 2005

ONTARIO REGULATION 26/10

training and testing

Historical version for the period July 16, 2015 to September 30, 2015.

Last amendment:  O. Reg. 208/15.

This is the English version of a bilingual regulation.

Definition

1. In this Regulation,

“Ministry” means the ministry of the Minister.  O. Reg. 26/10, s. 1.

Training and testing for applicants

2. (1) A licence to act as a security guard shall not be issued to an applicant unless the applicant,

(a) has successfully completed a training program that,

(i) conforms to the Training Curriculum for Security Guards published by the Ministry in 2009, and

Note: On October 1, 2015, subclause 2 (1) (a) (i) of the Regulation is revoked and the following substituted:  (See: O. Reg. 208/15, s. 1 (1))

(i) complies with the Training Syllabus for Security Guards published by the Ministry and dated January 20, 2015, and

(ii) is provided by an entity described in subsection (3); and

Note: On October 1, 2015, subsection 2 (1) of the Regulation is amended by striking out “and” at the end of subclause (a) (ii) and by adding the following clause:  (See: O. Reg. 208/15, s. 1 (2))

(a.1) before taking the licensing test referred to in clause (b), has provided the person or entity administering the test with a valid St. John Ambulance Emergency First Aid Certificate or its equivalent; and

(b) has successfully completed the licensing test for security guards set by the Ministry.  O. Reg. 26/10, s. 2 (1).

(2) A licence to act as a private investigator shall not be issued to an applicant unless the applicant,

(a) has successfully completed a training program that,

(i) conforms to the Training Curriculum for Private Investigators published by the Ministry in 2009, and

Note: On October 1, 2015, subclause 2 (2) (a) (i) of the Regulation is revoked and the following substituted:  (See: O. Reg. 208/15, s. 1 (3))

(i) complies with the Training Syllabus for Private Investigators published by the Ministry and dated January 20, 2015, and

(ii) is provided by an entity described in subsection (3); and

(b) has successfully completed the licensing test for private investigators set by the Ministry.  O. Reg. 26/10, s. 2 (2).

(3) The training programs required by subsections (1) and (2) must be provided by,

(a) a public university;

(b) a college established under the Ontario Colleges of Applied Arts and Technology Act, 2002;

(c) a private career college registered under the Private Career Colleges Act, 2005 as part of a program approved under that Act;

(d) a licensed business entity; or

(e) a registered business entity that employs the applicant or that has made a conditional offer of employment to the applicant.  O. Reg. 26/10, s. 2 (3).

(4) The Training Curriculum for Security Guards and the Training Curriculum for Private Investigators referred to in subsections (1) and (2) are available from the Ministry and on the Ministry’s website.  O. Reg. 26/10, s. 2 (4).

Note: On October 1, 2015, subsection 2 (4) of the Regulation is revoked and the following substituted:  (See: O. Reg. 208/15, s. 1 (4))

(4) The Training Syllabus for Security Guards and the Training Syllabus for Private Investigators referred to in subclauses (1) (a) (i) and (2) (a) (i) are available from the Ministry and on a government website. O. Reg. 208/15, s. 1 (4).

(5) The test required by clause (1) (b) or (2) (b) may be administered by the Ministry or by a person or entity authorized by the Ministry.  O. Reg. 26/10, s. 2 (5).

(6) Subsection (1) does not apply to an applicant who holds a permanent licence to act as a security guard issued by another province or territory of Canada if that licence was issued to the applicant upon the successful completion of training and a test or upon the successful completion of a test.  O. Reg. 26/10, s. 2 (6).

(7) Subsection (2) does not apply to an applicant who holds a permanent licence to act as a private investigator issued by another province or territory of Canada if that licence was issued to the applicant upon the successful completion of training and a test or upon the successful completion of a test.  O. Reg. 26/10, s. 2 (7).

Restrictions on provision of training

3. (1) A licensed or registered business entity shall not provide a training program required by subsection 2 (1) or (2) unless the program conforms to the appropriate Training Curriculum as described in subsection 2 (1) or (2), as the case may be.  O. Reg. 26/10, s. 3 (1).

Note: On October 1, 2015, subsection 3 (1) of the Regulation is amended by striking out “unless the program conforms to the appropriate Training Curriculum” and substituting “unless the program complies with the appropriate Training Syllabus”.  (See: O. Reg. 208/15, s. 2)

(2) A person or entity that is not listed in subsection 2 (3) shall not hold themself out as being authorized to provide a training program required by subsection 2 (1) or (2) or in any way suggest that an individual who successfully completes a training program provided by the person or entity will have satisfied the training requirements set out in section 2 for the issuance of a licence to act as a security guard or private investigator.  O. Reg. 26/10, s. 3 (2).

Note: On October 1, 2015, the Regulation is amended by adding the following section:  (See: O. Reg. 208/15, s. 3)

Condition on licence of business entities

3.1 (1) It is a condition of every licence held by a business entity that, if the business entity provides a training program required by clause 2 (1) (a) or (2) (a), the business entity shall provide a training certificate to every individual who successfully completes the training program. O. Reg. 208/15, s. 3.

(2) The training certificate shall contain the following information:

1. The business entity’s name.

2. The phrase “Security Guard” or “Private Investigator” to indicate the type of training program completed.

3. The individual’s name.

4. The date when the individual successfully completed the training program.

5. A signature from an authorized representative of the business entity. O. Reg. 208/15, s. 3.

Training and testing for licence renewals and new applications

4. A licensee who was issued a licence to act as a security guard or private investigator after successfully completing the training program and licensing test required by subsection 2 (1) or (2) may renew the licence or be issued a new licence without having to successfully complete the training or test again.  O. Reg. 26/10, s. 4.

Note: On October 1, 2015, section 4 of the Regulation is revoked and the following substituted:  (See: O. Reg. 208/15, s. 4)

Training and testing for licence renewals and new applications

4. A licensee or an individual who was issued a licence to act as a security guard or private investigator may renew the licence or be issued a new licence without having to meet the requirements of subsection 2 (1) or (2), as appropriate. O. Reg. 208/15, s. 4.

Transition re licence renewals and new applications

5. (1) A licensee who holds a valid licence to act as a security guard or private investigator on April 14, 2010 may renew the licence a first time after that date if he or she successfully completes the licensing test described in clause 2 (1) (b) or (2) (b), as appropriate.  O. Reg. 26/10, s. 5 (1).

(2) A licensee who renews his or her licence under subsection (1) may renew the licence a second and subsequent times without having to successfully complete the licensing test again and without having to successfully complete the training program required by clause 2 (1) (a) or (2) (a), as appropriate.  O. Reg. 26/10, s. 5 (2).

(3) Despite subsection (1), a licensee described in that subsection may renew the licence a first time without having to successfully complete the licensing test described in clause 2 (1) (b) or (2) (b), as appropriate, if,

(a) the licence expires after April 14, 2010 but before July 16, 2010; or

(b) the licence expires after July 15, 2010 but before July 31, 2010 as a result of the extension of its term under subsection 1 (2) of Ontario Regulation 367/07 (Term of Licences), as made by Ontario Regulation 228/10.  O. Reg. 230/10, s. 1.

(4) A licensee who renews his or her licence under subsection (3) may renew the licence a second time only if he or she successfully completes the licensing test described in clause 2 (1) (b) or (2) (b), as appropriate, and he or she may renew the licence subsequent times without having to successfully complete the licensing test again and without having to successfully complete the training program required by clause 2 (1) (a) or (2) (a), as appropriate.  O. Reg. 26/10, s. 5 (4).

(5) If a licensee’s licence is not renewed under subsection (1) or (4) because he or she has not successfully completed the licensing test described in clause 2 (1) (b) or (2) (b), as appropriate, he or she must successfully complete both the training program and the licensing test described in subsection 2 (1) or (2), as appropriate, before being issued a new licence.  O. Reg. 26/10, s. 5 (5).

(6) Despite clauses 2 (1) (b) and (2) (b), a licensee who has renewed his or her licence as described in subsection (1) or (4) may subsequently be issued a new licence without having to successfully complete the licensing test again and without having to successfully complete the training program required by clause 2 (1) (a) or (2) (a), as appropriate.  O. Reg. 26/10, s. 5 (6).

Note: On October 1, 2015, section 5 of the Regulation is revoked and the following substituted:  (See: O. Reg. 208/15, s. 4)

Transition re licence renewals and new applications

5. (1) Section 4 does not apply to an individual who held a licence on or before April 14, 2010 and who has not renewed the licence or been issued a new licence since that day. O. Reg. 208/15, s. 4.

(2) Section 4 does not apply to an individual who renewed his or her licence in accordance with subsection (3) of this section as it read on September 30, 2015, but who did not renew the licence a second time in accordance with subsection (4) of this section as it read on September 30, 2015, until that individual meets the requirements of subsection 2 (1) or (2), as appropriate, and is issued a new licence. O. Reg. 208/15, s. 4.

6. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 26/10, s. 6.

Note: On October 1, 2015, section 6 of the Regulation is revoked and the following substituted:  (See: O. Reg. 208/15, s. 4)

Transition re training programs

6. (1) An individual is deemed to have met the requirements of clause 2 (1) (a) if, on or before September 30, 2015,

(a) the individual successfully completed a training program required by clause 2 (1) (a) as that clause read on that day; or

(b) the individual was enrolled in a training program required by clause 2 (1) (a), as that clause read on that day, and subsequently successfully completed the training program. O. Reg. 208/15, s. 4.

(2) An individual is deemed to have met the requirements of clause 2 (2) (a) if, on or before September 30, 2015,

(a) the individual successfully completed a training program required by clause 2 (2) (a) as that clause read on that day; or

(b) the individual was enrolled in a training program required by clause 2 (2) (a), as that clause read on that day, and subsequently successfully completed the training program. O. Reg. 208/15, s. 4.