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Private Security and Investigative Services Act, 2005

ONTARIO REGULATION 434/07

RECORDKEEPING REQUIREMENTS FOR LICENSED BUSINESS ENTITIES

Consolidation Period: From August 23, 2007 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Records to be kept

1. (1) Every licensee that is a business entity shall keep the following records:

1. A list of all the private investigators and security guards currently employed by the licensed business entity.

2. A list of all the private investigators and security guards not currently employed by the licensed business entity but who were employed by the licensed business entity at any time in the previous two years.

3. With respect to every person named on the lists required by paragraphs 1 and 2,

i. a copy of his or her employment contract, and

ii. a record detailing the period when the person was employed and the locations where he or she provided private investigator or security guard services in the course of that employment.

4. With respect to all private investigator and security guard services provided by the licensed business entity,

i. all notes and reports prepared by the private investigators and security guards employed by the licensed business entity,

ii. all photographs and video, audio or other electronic records produced or obtained in the course of providing the services,

iii. a use of force report, in the form approved by the Registrar, for every instance that a private investigator or security guard employed by the licensed business entity used handcuffs, a baton, a firearm or any other weapon or otherwise used force in the course of that employment, and

iv. a use of force report, in the form approved by the Registrar, for every instance that a dog used in the provision of private investigator or security guard services attacks a person.

5. If a private investigator or security guard employed by the licensed business entity is authorized or required by the licensed business entity to carry handcuffs, a baton or a firearm in the course of his or her employment,

i. the name of each such private investigator and security guard,

ii. evidence that each private investigator and security guard named under subparagraph i has been trained in the use of handcuffs, batons or firearms, as the case may be,

iii. documentation as to the credentials of the trainer who provided the training referred to in subparagraph ii,

iv. evidence that the licensed business entity is insured against the risks associated with the use of handcuffs, batons or firearms, as appropriate, and

v. an equipment log detailing,

A. each time that the licensed business entity issued handcuffs, a baton or a firearm to a private investigator or security guard and the name of the private investigator or security guard to whom they were issued,

B. the type of handcuffs, baton or firearm issued in each case detailed under sub-subparagraph A,

C. a description of the location where the handcuffs, baton or firearm were carried in each case detailed under sub-subparagraph A, and

D. for each baton issued, a threat assessment setting out the need for the private investigator or security guard to carry it.

6. If a security guard employed by the licensed business entity is authorized or required by the licensed business entity to be accompanied by a dog for his or her protection in the provision of security guard services,

i. a record of the training the dog received,

ii. evidence that the security guard has been trained in the use of dogs in the provision of security guard services,

iii. a copy of the licensed business entity’s policies and procedures on the care and handling of dogs, including policies and procedures on the dogs’ feeding, housing, transportation, veterinary care, retirement and euthanasia, and

iv. a log detailing each time that the licensed business entity issued a dog to a security guard for his or her protection in the provision of security guard services and the name of the security guard to whom the dog was issued. O. Reg. 434/07, s. 1 (1).

(2) Every licensed business entity shall retain the records required by subsection (1) for two years or, if any such record is relevant to an ongoing investigation, inspection, complaint, court proceeding or administrative proceeding, until the conclusion of the matter. O. Reg. 434/07, s. 1 (2).

(3) For the purposes of subsection (2), a court proceeding or administrative proceeding is concluded once a decision is rendered and all rights of appeal or review have expired or been exhausted. O. Reg. 434/07, s. 1 (3).

2. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 434/07, s. 2.

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