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Private Security and Investigative Services Act, 2005

R.R.O. 1990, REGULATION 938

formerly under Private Investigators and Security Guards Act

GENERAL

Note: This Regulation was revoked on February 22, 2008. See: O. Reg. 36/08, ss. 1, 2.

Last amendment: O. Reg. 36/08.

This is the English version of a bilingual regulation.

Licences

1. (1) An application for a licence, other than an application for renewal, shall be accompanied by two copies of a photograph one inch by 1¼ inches of each person in respect of whom the application is made and, if the applicant is a partnership or corporation, of each partner or each director and officer of the corporation. O. Reg. 262/99, s. 1.

(2) An applicant for a licence shall provide the Registrar with information about the applicant as required in a form approved by the Minister and, where an applicant for a licence is a partnership or corporation, the applicant shall provide the Registrar with such information on each partner or each director and officer of the corporation. O. Reg. 262/99, s. 1.

(3) If a licensee is a partnership or a corporation, each new partner, officer and director shall file with the Registrar, within 20 days of becoming a partner, officer or director, the information and material required to be filed under subsections (1) and (2). O. Reg. 262/99, s. 1.

(4) An application shall be accompanied by a full set of fingerprints of each person for whom application is made and, where the applicant is a partnership or a corporation, of each partner or director or officer of the corporation unless a full set of fingerprints of the applicant or person has been provided together with a previous licence application or renewal. O. Reg. 262/99, s. 1.

(5) The Registrar may require a licensee or a partner, director or officer of a licensee to provide an additional full set of fingerprints at any time. O. Reg. 262/99, s. 1.

2.-4. Revoked: O. Reg. 262/99, s. 1.

5. (1) The bond required by section 5 of the Act shall be in Form 9, 10 or 11, as the case may be. R.R.O. 1990, Reg. 938, s. 5 (1).

(2) The classes of negotiable securities that may be accepted as collateral security for a bond are,

(a) bonds issued or guaranteed by Canada; or

(b) bonds issued or guaranteed by Ontario. R.R.O. 1990, Reg. 938, s. 5 (2).

(3) The amount of the bond shall be $5,000. R.R.O. 1990, Reg. 938, s. 5 (3).

6. (1) The deputy minister may direct that a bond be forfeited where a person who gives the bond, or any of his or her employees, is convicted of,

(a) an offence under the Act or the regulations; or

(b) an offence under the Criminal Code (Canada) committed while acting as a private investigator or security guard. R.R.O. 1990, Reg. 938, s. 6 (1); O. Reg. 262/99, s. 2.

(2) Upon a direction being made under subsection (1), the bond is forfeited and the amount of the bond becomes due and owing as a debt due to the Crown in right of Ontario. R.R.O. 1990, Reg. 938, s. 6 (2).

(3) A bond is forfeited and the amount thereof becomes due and owing as a debt due to the Crown in right of Ontario where a judgment for the recovery of money paid for services not performed or based on a finding of fraud, conversion, assault, libel or trespass committed while acting as a private investigator or security guard has been entered against the person giving the bond, or any of his or her employees, and the judgment has become final. R.R.O. 1990, Reg. 938, s. 6 (3).

7. (1) Where a bond secured by the deposit of collateral security is forfeited, the Minister of Finance may sell the security at the current market price. R.R.O. 1990, Reg. 938, s. 7 (1).

(2) The Minister of Finance may,

(a) assign any bond forfeited under section 6 and transfer the collateral security, if any;

(b) pay over any money realized from the sale of the collateral security,

to any judgment creditor of the person bonded in respect of claims arising out of the circumstances under which the bond was forfeited, or to the Accountant of the Ontario Court in trust for any person who becomes such judgment creditor. R.R.O. 1990, Reg. 938, s. 7 (2).

8. (1) A bond may be cancelled by any person bound thereunder by giving to the Registrar and to the person bonded at least two months notice in writing of intention to cancel and the bond shall be deemed to be cancelled on the date stated in the notice, which date shall be not less than two months after the receipt of the notice by the Registrar. R.R.O. 1990, Reg. 938, s. 8 (1).

(2) For the purpose of every act and omission occurring during the period that the person bonded is licensed under the Act or the period prior to cancellation under subsection (1), every bond shall continue in force and the collateral security, if any, shall remain on deposit for a period of two years after the lapse or cancellation of the licence to which the bond relates, or the cancellation of the bond, whichever occurs first. R.R.O. 1990, Reg. 938, s. 8 (2).

(3) Where a bond has been forfeited or cancelled and the Minister of Finance has not received notice in writing of any claim against the proceeds of the bond or such part as remains in his or her hands within two years after the forfeiture or cancellation, the Minister may pay the proceeds or part remaining to any person who made a payment under the bond. R.R.O. 1990, Reg. 938, s. 8 (3).

9.-11. Revoked: O. Reg. 262/99, s. 3.

12. The signature of the Registrar may be written, stamped, lithographed, engraved or otherwise reproduced on any licence or identification card issued under the Act. R.R.O. 1990, Reg. 938, s. 12; O. Reg. 262/99, s. 4.

13. The Act does not apply to security guards who are permanently employed by The Toronto Harbour Commissioners for the purpose of protecting vessels and goods situated on the docks or on other waterfront property of The Toronto Harbour Commissioners. R.R.O. 1990, Reg. 938, s. 13.

FORMS 1-8 Revoked: O. Reg. 262/99, s. 5.

FORM 9
PERSONAL BOND

Private Investigators and Security Guards Act

R.R.O. 1990, Reg. 938, Form 9.

FORM 10
BOND OF A GUARANTEE COMPANY APPROVED UNDER THE GUARANTEE COMPANIES SECURITIES ACT

Private Investigators and Security Guards Act

R.R.O. 1990, Reg. 938, Form 10.

FORM 11
BOND OF GUARANTOR OTHER THAN GUARANTEE COMPANY

Private Investigators and Security Guards Act

R.R.O. 1990, Reg. 938, Form 11.

FORMS 12, 13 Revoked: O. Reg. 262/99, s. 5.

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