O. Reg. 146/13: PROCEEDINGS COMMENCED BY CERTIFICATE OF OFFENCE, Filed May 6, 2013 under Provincial Offences Act, R.S.O. 1990, c. P.33
ontario regulation 146/13
made under the
Provincial Offences Act
Made: May 1, 2013
Filed: May 6, 2013
Published on e-Laws: May 7, 2013
Printed in The Ontario Gazette: May 25, 2013
Amending Reg. 950 of R.R.O. 1990
(PROCEEDINGS COMMENCED BY CERTIFICATE OF OFFENCE)
1. Regulation 950 of the Revised Regulations of Ontario, 1990 is amended by adding the following Schedules:
Schedule 74
Private Security and Investigative Services Act, 2005
Item |
Column 1 |
Column 2 |
1. |
Business entity employing private investigator — fail to register as employer as required |
clause 5 (a) |
2. |
Business entity employing security guard — fail to register as employer as required |
clause 5 (a) |
3. |
Business entity employing private investigator — fail to give Registrar mailing address for service in Ontario |
clause 5 (b) |
4. |
Business entity employing security guard — fail to give Registrar mailing address for service in Ontario |
clause 5 (b) |
5. |
Business entity employing private investigator — fail to notify Registrar within five days after change in mailing address |
clause 5 (b) |
6. |
Business entity employing security guard — fail to notify Registrar within five days after change in mailing address |
clause 5 (b) |
7. |
Act or hold out as private investigator without appropriate licence |
section 6 |
8. |
Act or hold out as security guard without appropriate licence |
section 6 |
9. |
Act or hold out as private investigator — not employed as required and not sole proprietor or partner of licensed business entity |
section 6 |
10. |
Act or hold out as security guard — not employed as required and not sole proprietor or partner of licensed business entity |
section 6 |
11. |
Sell or hold out as available to sell services of private investigator without appropriate licence |
clause 7 (1) (a) |
12. |
Sell or hold out as available to sell services of security guard without appropriate licence |
clause 7 (1) (a) |
13. |
Sell services of private investigator from more than one place — main office or branch office not designated |
subsection 7 (2) |
14. |
Sell services of security guard from more than one place — main office or branch office not designated |
subsection 7 (2) |
15. |
Act or offer services under licence without Registrar consent after change in officers |
subsections 8 (1) and (2) |
16. |
Act or offer services under licence without Registrar consent after change in directors |
subsections 8 (1) and (2) |
17. |
Act or offer services under licence without Registrar consent after change in partners |
subsections 8 (1) and (2) |
18. |
Licensee — act or hold out as available to act with respect to collection of accounts |
clause 9 (1) (a) |
19. |
Licensee — act or hold out as available to act as bailiff |
clause 9 (1) (b) |
20. |
Licensee — act or hold out as available to act with respect to eviction under the Residential Tenancies Act, 2006 |
clause 9 (1) (c) |
21. |
Act or offer services under licence — does not have clean criminal record |
subsection 10 (2) |
22. |
Act or offer services under licence — is not entitled to work in Canada |
subsection 10 (2) |
23. |
Fail to return licence to Registrar as required after ceasing to meet licensing requirement |
subsection 10 (2) |
24. |
Act as security guard and private investigator at same time |
paragraph 3 of section 12 |
25. |
Licensee — fail to attend meeting required by facilitator |
subsection 19 (8) |
26. |
Obstruct investigator |
subsection 22 (7) |
27. |
Withhold something relevant from investigator |
subsection 22 (7) |
28. |
Conceal something relevant to investigation |
subsection 22 (7) |
29. |
Alter something relevant to investigation |
subsection 22 (7) |
30. |
Destroy something relevant to investigation |
subsection 22 (7) |
31. |
Person not on premises — fail to produce something required by investigator |
subsection 22 (8) |
32. |
Person not on premises — fail to assist investigator to produce material in readable form |
subsection 22 (8) |
33. |
Person on premises — fail to produce something required by inspector |
subsection 27 (5) |
34. |
Person on premises — fail to assist inspector to produce material in readable form |
subsection 27 (5) |
35. |
Obstruct inspector |
subsection 27 (6) |
36. |
Withhold something relevant from inspector |
subsection 27 (6) |
37. |
Conceal something relevant to inspection |
subsection 27 (6) |
38. |
Destroy something relevant to inspection |
subsection 27 (6) |
39. |
Licensed business entity — fail to carry liability insurance as required |
section 30 |
40. |
Business entity — employ private investigator who does not have appropriate licence |
section 31 |
41. |
Business entity — employ security guard who does not have appropriate licence |
section 31 |
42. |
Licensee — fail to file mailing address for service |
paragraph 1 of section 32 |
43. |
Licensee — fail to inform Registrar in writing within five business days after change in mailing address for service |
paragraph 1 of section 32 |
44. |
Licensee — fail to file mailing address of branch office |
paragraph 2 of section 32 |
45. |
Licensee — fail to inform Registrar in writing within five business days after change in mailing address of branch office |
paragraph 2 of section 32 |
46. |
Licensee — fail to file street address of office or branch office where different from mailing address |
paragraph 3 of section 32 |
47. |
Licensee — fail to inform Registrar in writing within five business days after change in street address of office or branch office |
paragraph 3 of section 32 |
48. |
Carry on business under name other than licensed name |
section 33 |
49. |
Fail to carry private investigator licence |
clause 34 (1) (a) |
50. |
Fail to identify self as private investigator on request |
clause 34 (1) (b) |
51. |
Fail to produce private investigator licence on request |
clause 34 (1) (c) |
52. |
Possess identification or symbol of authority as private investigator other than licence |
subsection 34 (2) |
53. |
Fail to carry security guard licence |
clause 35 (1) (a) |
54. |
Fail to identify self as security guard on request |
clause 35 (1) (b) |
55. |
Fail to produce security guard licence on request |
clause 35 (1) (c) |
56. |
Security guard — fail to wear uniform that complies with the regulations — name, logo or crest of licensed employer not affixed as required |
subsection 35 (2) |
57. |
Security guard — fail to wear uniform that complies with the regulations — term “Security”, “Sécurité”, “Security Guard” or “Agent de sécurité” in required form and colour not affixed to front of uniform as required |
subsection 35 (2) |
58. |
Security guard — fail to wear uniform that complies with the regulations — word “Security” or “Sécurité” in required form and colour not affixed to back of uniform as required |
subsection 35 (2) |
59. |
Security guard — fail to wear uniform that complies with the regulations — proper identification tag not affixed to uniform as required |
subsection 35 (2) |
60. |
Security guard — fail to wear uniform that complies with the regulations — uniform has rank chevrons |
subsection 35 (2) |
61. |
Security guard — fail to wear uniform that complies with the regulations — uniform has black or navy blue shirt with collar |
subsection 35 (2) |
62. |
Security guard — fail to wear uniform that complies with the regulations — trousers have stripes that are not reflective safety stripes |
subsection 35 (2) |
63. |
Possess identification or symbol of authority as security guard not authorized by Act |
subsection 35 (4) |
64. |
Licensed business entity — fail to display licence as required |
subsection 36 (1) |
65. |
Licensed business entity — fail to display branch office licence in branch office |
subsection 36 (2) |
66. |
Fail to return suspended licence |
paragraph 1 of section 37 |
67. |
Fail to return revoked licence |
paragraph 1 of section 37 |
68. |
Fail to return licence when branch office discontinued |
paragraph 2 of section 37 |
69. |
Fail to return licence when business discontinued |
paragraph 3 of section 37 |
70. |
Possess fake licence |
clause 38 (a) |
71. |
Possess altered licence |
clause 38 (a) |
72. |
Possess fraudulently obtained licence |
clause 38 (a) |
73. |
Display or permit display of fake licence |
clause 38 (a) |
74. |
Display or permit display of altered licence |
clause 38 (a) |
75. |
Display or permit display of fraudulently obtained licence |
clause 38 (a) |
76. |
Lend licence to person or permit to person to use licence |
clause 38 (b) |
77. |
Display licence not issued to him, her or it |
clause 38 (c) |
78. |
Represent as own licence not issued to him, her or it |
clause 38 (c) |
79. |
Display suspended licence |
clause 38 (d) |
80. |
Represent suspended licence as valid |
clause 38 (d) |
81. |
Display revoked licence |
clause 38 (d) |
82. |
Represent revoked licence as valid |
clause 38 (d) |
83. |
Display licence when no longer meeting licensing requirement |
clause 38 (e) |
84. |
Represent licence as valid when no longer meeting licensing requirement |
clause 38 (e) |
85. |
Licensee — hold out as providing services or performing duties connected with police |
section 39 |
86. |
Private investigator — use term “Detective” |
paragraph 1 of section 40 |
87. |
Private investigator — use variation of term “Detective” |
paragraph 1 of section 40 |
88. |
Private investigator — use term “Private Detective” |
paragraph 1 of section 40 |
89. |
Private investigator — use variation of term “Private Detective” |
paragraph 1 of section 40 |
90. |
Security guard — use term “Detective” |
paragraph 1 of section 40 |
91. |
Security guard — use variation of term “Detective” |
paragraph 1 of section 40 |
92. |
Security guard — use term “Private Detective” |
paragraph 1 of section 40 |
93. |
Security guard — use variation of term “Private Detective” |
paragraph 1 of section 40 |
94. |
Business selling services of private investigators or security guards — use term “Detective” |
paragraph 1 of section 40 |
95. |
Business selling services of private investigators or security guards — use variation of term “Detective” |
paragraph 1 of section 40 |
96. |
Business selling services of private investigators or security guards — use term “Private Detective” |
paragraph 1 of section 40 |
97. |
Business selling services of private investigators or security guards — use variation of term “Private Detective” |
paragraph 1 of section 40 |
98. |
Private investigator — use term “law enforcement” |
paragraph 2 of section 40 |
99. |
Private investigator — use variation of term “law enforcement” |
paragraph 2 of section 40 |
100. |
Security guard — use term “law enforcement” |
paragraph 2 of section 40 |
101. |
Security guard — use variation of term “law enforcement” |
paragraph 2 of section 40 |
102. |
Business selling services of private investigators or security guards — use term “law enforcement” |
paragraph 2 of section 40 |
103. |
Business selling services of private investigators or security guards — use variation of term “law enforcement” |
paragraph 2 of section 40 |
104. |
Private investigator — use term “police” |
paragraph 3 of section 40 |
105. |
Private investigator — use variation of term “police” |
paragraph 3 of section 40 |
106. |
Security guard — use term “police” |
paragraph 3 of section 40 |
107. |
Security guard — use variation of term “police” |
paragraph 3 of section 40 |
108. |
Business selling services of private investigators or security guards — use term “police” |
paragraph 3 of section 40 |
109. |
Business selling services of private investigators or security guards — use variation of term “police” |
paragraph 3 of section 40 |
110. |
Private investigator — use term “officer” |
paragraph 4 of section 40 |
111. |
Private investigator — use variation of term “officer” |
paragraph 4 of section 40 |
112. |
Security guard — use term “officer” |
paragraph 4 of section 40 |
113. |
Security guard — use variation of term “officer” |
paragraph 4 of section 40 |
114. |
Business selling services of private investigators or security guards — use term “officer” |
paragraph 4 of section 40 |
115. |
Business selling services of private investigators or security guards — use variation of term “officer” |
paragraph 4 of section 40 |
116. |
Fail to comply with Registrar’s order to cease making representation in published or transmitted material |
clauses 42 (a) and 43 (1) (b) |
117. |
Fail to comply with Registrar’s order to retract representation made in published or transmitted material |
clauses 42 (b) and 43 (1) (b) |
118. |
Fail to comply with Registrar’s order to publish correction of equal prominence to representation in original publication |
clauses 42 (b) and 43 (1) (b) |
119. |
Knowingly furnish false information in application |
clause 43 (1) (a) |
120. |
Knowingly furnish false information in statement |
clause 43 (1) (a) |
121. |
Knowingly furnish false information in return |
clause 43 (1) (a) |
122. |
Fail to comply with condition of licence imposed by Registrar |
clause 43 (1) (c) |
Schedule 74.1
Ontario Regulation 361/07 made under the Private Security and Investigative Services Act, 2005
Item |
Column 1 |
Column 2 |
1. |
Licensed business entity — fail to give Registrar colour photographs of changed uniform as required |
subsections 1 (2) and (4) |
2. |
Licensed business entity — fail to give Registrar colour photographs of changed vehicle as required |
subsections 1 (2) and (4) |
3. |
Licensed business entity — fail to notify Registrar in writing within five days after ceasing to use uniform |
subsection 1 (3) |
4. |
Licensed business entity — fail to notify Registrar in writing within five days after ceasing to use vehicle |
subsection 1 (3) |
5. |
Licensed business entity — fail to notify Registrar in writing within five days after change in officers |
section 2 |
6. |
Licensed business entity — fail to notify Registrar in writing within five days after change in directors |
section 2 |
7. |
Licensed business entity — fail to notify Registrar in writing within five days after change in partners |
section 2 |
8. |
Fail to give Registrar required declaration within five days after becoming officer of licensed business entity |
clause 3 (1) (a) |
9. |
Fail to give Registrar required declaration within five days after becoming director of licensed business entity |
clause 3 (1) (a) |
10. |
Fail to give Registrar required declaration within five days after becoming partner of licensed business entity |
clause 3 (1) (a) |
11. |
Fail to give Registrar required consent to collect information within five days after becoming officer of licensed business entity |
clause 3 (1) (b) |
12. |
Fail to give Registrar required consent to collect information within five days after becoming director of licensed business entity |
clause 3 (1) (b) |
13. |
Fail to give Registrar required consent to collect information within five days after becoming partner of licensed business entity |
clause 3 (1) (b) |
14. |
Licensed business entity — fail to notify Registrar in writing within five days after licensed employee receives authorization to carry a firearm |
subsection 4 (1) |
15. |
Licensed business entity — fail to notify Registrar in writing within five days after licensed individual authorized to carry a firearm becomes employee |
subsection 4 (1) |
16. |
Licensed business entity — fail to notify Registrar in writing within five days after licensed employee ceases to be authorized to carry a firearm |
subsection 4 (2) |
17. |
Licensed business entity — fail to notify Registrar in writing within five days after licensed individual authorized to carry a firearm ceases to be employee |
subsection 4 (2) |
18. |
Individual licensee — fail to notify Registrar in writing within five days after being convicted or found guilty of a prescribed offence |
section 5 |
Schedule 74.2
Ontario Regulation 362/07 made under the Private Security and Investigative Services Act, 2005
Item |
Column 1 |
Column 2 |
1. |
Licensed business entity — fail to ensure licensed employee wears uniform that complies with the regulations |
section 8 |
Schedule 74.3
Ontario Regulation 364/07 made under the Private Security and Investigative Services Act, 2005
Item |
Column 1 |
Column 2 |
1. |
Vehicle used in providing security guard services does not display “SECURITY” or “SÉCURITÉ” in required manner |
section 2 and subsections 3 (1) and (2) |
2. |
Vehicle used in providing security guard services has red, blue, gold or yellow stripes that are not on crest or logo |
section 2 and subsections 3 (1) and (4) |
3. |
Vehicle used in providing security guard services displays prohibited term or variation of term |
sections 2 and 4 |
Schedule 74.4
Ontario Regulation 365/07 made under the Private Security and Investigative Services Act, 2005
Item |
Column 1 |
Column 2 |
1. |
Animal used to control individual |
section 1 and subsection 2 (1) |
2. |
Animal used to control crowd |
section 1 and subsection 2 (1) |
3. |
Animal used to pursue or restrain individual |
section 1 and subsection 2 (1) |
4. |
Animal used to guard or patrol a place while not accompanied by licensed individual |
section 1 and subsection 2 (2) |
5. |
Dog accompanying licensed individual not for his or her protection |
section 1 and subsection 4 (1) |
6. |
Dog accompanying licensed individual not on a lead |
section 1 and clause 4 (2) (a) |
7. |
Dog accompanying licensed individual not under his or her control |
section 1 and clause 4 (2) (a) |
8. |
Dog accompanying licensed individual not wearing fluorescent collar |
section 1 and clause 4 (2) (b) |
9. |
Dog accompanying licensed individual not wearing proper identification tag |
section 1 and clause 4 (2) (b) |
10. |
Dog used in providing private investigator services not trained as required |
sections 1 and 5 |
11. |
Dog used in providing security guard services not trained as required |
sections 1 and 5 |
12. |
Licensed business entity — fail to develop policies and procedures on care and handling of dogs as required |
section 6 |
13. |
Licensed business entity — fail to ensure licensed employee uses animal in accordance with the regulations |
section 7 |
14. |
Fail to advise person to whom dog is given or sold that dog was used by security guard |
section 8 |
Schedule 74.5
Ontario Regulation 366/07 made under the Private Security and Investigative Services Act, 2005
Item |
Column 1 |
Column 2 |
1. |
Use firearm without authority under Firearms Act (Canada) |
section 1 |
2. |
Use baton not issued by licensed or registered employer |
paragraph 1 of subsection 2 (1) |
3. |
Use baton not for defensive purposes |
paragraph 2 of subsection 2 (1) |
4. |
Licensed business entity — fail to carry insurance for risks associated with employees carrying batons |
subsection 2 (2) |
5. |
Use handcuffs not issued by licensed or registered employer |
section 3 |
6. |
Use cable ties as restraints |
section 4 |
7. |
Use strip ties as restraints |
section 4 |
8. |
Licensed business entity — fail to ensure licensed employee uses equipment in accordance with the regulations |
section 5 |
Schedule 74.6
Ontario Regulation 368/07 made under the Private Security and Investigative Services Act, 2005
Item |
Column 1 |
Column 2 |
1. |
Business entity required to register as employer — fail to provide Registrar with list of employees who are private investigators or security guards |
clause 1 (a) |
2. |
Business entity required to register as employer — fail to provide Registrar with name, address or telephone number of a representative |
clause 1 (b) |
3. |
Business entity required to register as employer — fail to renew registration annually |
section 3 |
4. |
Business entity renewing registration as employer — fail to provide Registrar with updated list of employees who are private investigators or security guards |
clause 3 (a) |
5. |
Business entity renewing registration as employer — fail to provide Registrar with new name, address or telephone number of a representative |
clause 3 (b) |
Schedule 74.7
Ontario Regulation 434/07 made under the Private Security and Investigative Services Act, 2005
Item |
Column 1 |
Column 2 |
1. |
Licensed business entity — fail to keep list of private investigators it currently employs |
paragraph 1 of subsection 1 (1) |
2. |
Licensed business entity — fail to keep list of security guards it currently employs |
paragraph 1 of subsection 1 (1) |
3. |
Licensed business entity — fail to keep list of private investigators it employed in previous two years |
paragraph 2 of subsection 1 (1) |
4. |
Licensed business entity — fail to keep list of security guards it employed in previous two years |
paragraph 2 of subsection 1 (1) |
5. |
Licensed business entity — fail to keep employment contract of private investigator employed currently or in previous two years |
subparagraph 3 i of subsection 1 (1) |
6. |
Licensed business entity — fail to keep employment contract of security guard employed currently or in previous two years |
subparagraph 3 i of subsection 1 (1) |
7. |
Licensed business entity — fail to keep record of period of employment of private investigator employed currently or in previous two years |
subparagraph 3 ii of subsection 1 (1) |
8. |
Licensed business entity — fail to keep record of period of employment of security guard employed currently or in previous two years |
subparagraph 3 ii of subsection 1 (1) |
9. |
Licensed business entity — fail to keep record of locations where services were provided by private investigator employed currently or in previous two years |
subparagraph 3 ii of subsection 1 (1) |
10. |
Licensed business entity — fail to keep record of locations where services were provided by security guard employed currently or in previous two years |
subparagraph 3 ii of subsection 1 (1) |
11. |
Licensed business entity — fail to keep all notes and reports prepared by private investigator employed by it |
subparagraph 4 i of subsection 1 (1) |
12. |
Licensed business entity — fail to keep all notes and reports prepared by security guard employed by it |
subparagraph 4 i of subsection 1 (1) |
13. |
Licensed business entity — fail to keep photograph produced or obtained in course of providing services |
subparagraph 4 ii of subsection 1 (1) |
14. |
Licensed business entity — fail to keep video, audio or other electronic record produced or obtained in course of providing services |
subparagraph 4 ii of subsection 1 (1) |
15. |
Licensed business entity — fail to keep use of force report where handcuffs used by private investigator employed by it |
subparagraph 4 iii of subsection 1 (1) |
16. |
Licensed business entity — fail to keep use of force report where handcuffs used by security guard employed by it |
subparagraph 4 iii of subsection 1 (1) |
17. |
Licensed business entity — fail to keep use of force report where weapon used by private investigator employed by it |
subparagraph 4 iii of subsection 1 (1) |
18. |
Licensed business entity — fail to keep use of force report where weapon used by security guard employed by it |
subparagraph 4 iii of subsection 1 (1) |
19. |
Licensed business entity — fail to keep use of force report where force used by private investigator employed by it |
subparagraph 4 iii of subsection 1 (1) |
20. |
Licensed business entity — fail to keep use of force report where force used by security guard employed by it |
subparagraph 4 iii of subsection 1 (1) |
21. |
Licensed business entity — fail to keep use of force report where dog used in private investigator services attacked person |
subparagraph 4 iv of subsection 1 (1) |
22. |
Licensed business entity — fail to keep use of force report where dog used in security guard services attacked person |
subparagraph 4 iv of subsection 1 (1) |
23. |
Licensed business entity — fail to keep record listing name of each private investigator authorized to carry handcuffs, baton or firearm |
subparagraph 5 i of subsection 1 (1) |
24. |
Licensed business entity — fail to keep record listing name of each security guard authorized to carry handcuffs, baton or firearm |
subparagraph 5 i of subsection 1 (1) |
25. |
Licensed business entity — fail to keep evidence that private investigator was trained in using handcuffs, batons or firearms |
subparagraph 5 ii of subsection 1 (1) |
26. |
Licensed business entity — fail to keep evidence that security guard was trained in using handcuffs, batons or firearms |
subparagraph 5 ii of subsection 1 (1) |
27. |
Licensed business entity — fail to keep record of credentials of trainer who trained private investigator in using handcuffs, batons or firearms |
subparagraph 5 iii of subsection 1 (1) |
28. |
Licensed business entity — fail to keep record of credentials of trainer who trained security guard in using handcuffs, batons or firearms |
subparagraph 5 iii of subsection 1 (1) |
29. |
Licensed business entity — fail to keep evidence of insurance against risks associated with use of batons |
subparagraph 5 iv of subsection 1 (1) |
30. |
Licensed business entity — fail to keep equipment log as required with respect to handcuffs, baton or firearm issued to private investigator |
subparagraph 5 v of subsection 1 (1) |
31. |
Licensed business entity — fail to keep equipment log as required with respect to handcuffs, baton or firearm issued to security guard |
subparagraph 5 v of subsection 1 (1) |
32. |
Licensed business entity — fail to keep record of training of dog that accompanies security guard |
subparagraph 6 i of subsection 1 (1) |
33. |
Licensed business entity — fail to keep copy of its policies and procedures on the care and handling of dogs |
subparagraph 6 iii of subsection 1 (1) |
34. |
Licensed business entity — fail to keep log as required with respect to dog issued to security guard |
subparagraph 6 iv of subsection 1 (1) |
35. |
Licensed business entity — fail to retain required record for required length of time |
subsection 1 (2) |
Schedule 74.8
Ontario Regulation 26/10 made under the Private Security and Investigative Services Act, 2005
Item |
Column 1 |
Column 2 |
1. |
Licensed business entity — provide training program for security guards not conforming to Ministry curriculum |
subsection 3 (1) |
2. |
Licensed business entity — provide training program for private investigators not conforming to Ministry curriculum |
subsection 3 (1) |
3. |
Registered business entity — provide training program for security guards not conforming to Ministry curriculum |
subsection 3 (1) |
4. |
Registered business entity — provide training program for private investigators not conforming to Ministry curriculum |
subsection 3 (1) |
5. |
Unauthorized person or entity — hold out as being authorized to provide training program for security guards |
subsection 3 (2) |
6 |
Unauthorized person or entity — hold out as being authorized to provide training program for private investigators |
subsection 3 (2) |
7. |
Unauthorized person or entity — suggest that completion of training program given by it will satisfy training requirements for security guard licence |
subsection 3 (2) |
8. |
Unauthorized person or entity — suggest that completion of training program given by it will satisfy training requirements for private investigator licence |
subsection 3 (2) |
Commencement
2. This Regulation comes into force on the day it is filed.