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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

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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.

 

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