O. Reg. 435/07: EXEMPTIONS FROM THE ACT

Private Security and Investigative Services Act, 2005

ONTARIO REGULATION 435/07

EXEMPTIONS FROM THE ACT

Historical version for the period August 23, 2007 to August 22, 2008.

Last amendment: O. Reg. 435/07.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“old Act” means the Private Investigators and Security Guards Act; (“ancienne loi”)

“the Act” means the Private Security and Investigative Services Act, 2005. (“la Loi”) O. Reg. 435/07, s. 1.

Individual authorized by another Act

2. An individual who is authorized by another Act of Ontario or of Canada to perform work, for remuneration, that consists primarily of conducting investigations in order to provide information is exempt, with respect to the performance of that work, from the requirement in section 6 of the Act to be licensed as a private investigator. O. Reg. 435/07, s. 2.

Individual not previously licensed

3. (1) An individual who was not licensed on August 22, 2007 as a private investigator or security guard under the old Act and who is employed as a private investigator or security guard by a business entity that does not engage in the business of selling the services of private investigators or security guards to the public is exempt from the requirement in section 6 of the Act to be licensed as a private investigator or security guard. O. Reg. 435/07, s. 3 (1).

(2) An individual who was not licensed on August 22, 2007 as a private investigator or security guard under the old Act and who is employed as a private investigator or security guard by an employer that is not required to be licensed under the Act is exempt from the requirement in section 6 of the Act to be licensed as a private investigator or security guard. O. Reg. 435/07, s. 3 (2).

(3) Subsections (1) and (2) do not apply to an individual who is also employed as a private investigator or security guard by another employer that is licensed or required to be licensed under the Act. O. Reg. 435/07, s. 3 (3).

(4) An individual who is exempt under subsection (1) or (2) from the requirement in section 6 of the Act to be licensed as a private investigator or security guard may nonetheless apply for and be issued such licence before August 23, 2008. O. Reg. 435/07, s. 3 (4).

Note: On August 23, 2008, section 3 is revoked. See: O. Reg. 435/07, s. 5.

Requirements for security guard to identify self and produce licence

4. (1) A security guard described in clause 35 (3) (a) or (b) of the Act is exempt from the requirements of clauses 35 (1) (b) and (c) of the Act except when the security guard is, in the course of his or her duties, informing a person that he or she suspects that the person has committed an offence. O. Reg. 435/07, s. 4 (1).

(2) For the purpose of clause 35 (3) (b) of the Act,

“a person performing services to prevent the loss of property through theft or sabotage in an industrial, commercial, residential or retail environment” means a security guard who conceals his or her identity as a security guard in order to carry out his or her duties. O. Reg. 435/07, s. 4 (2).

5. Omitted (provides for amendments to this Regulation). O. Reg. 435/07, s. 5.

6. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 435/07, s. 6.