This lesson introduces students to their responsibilities as security personnel under the PSISA. The Private Security and Investigative Services Act of 2005 (PSISA) regulates the security industry. As such, the security guard should be familiar with her PSISA and ensure that she follows the regulations and prohibitions, including the Code of Conduct.
Ontario Provincial Legislation
The Private Security and Investigative Services Act, 2005 (PSISA, 2005)
In Ontario, security guards and private investigators are currently regulated by a state law known as the Private Safety and Investigative Services Act of 2005. The Act also clarified the licensing requirements of the Act and introduced mandatory training and equipment requirements before an employer could be personally licensed as a security guard.
These adjustments were made due to major developments in the security business in the years since law governing the industry was initially written and enacted. The improvements were deemed essential in order to guarantee that both the general public and industry workers were sufficiently safeguarded when executing security tasks.
The PSISA, 2005, c.34 is divided into eight sections:
- Interpretation and Application
- Administration
- Prohibitions
- Licensing
- Complaints and Investigations
- General Duties and Standards of Practice
- General
- Regulations
The Registrar is authorized to grant or renew licences. A licence may be denied if:
- The fee has not been paid
- Previous behaviour shows that the applicant will not handle himself or herself with honesty
- The applicant has violated the Act, the rules, or a licensing term or condition
- The petitioner was convicted of a crime
- The license’s issuance or renewal would be detrimental to the public interest
The Registrar may modify, suspend, or cancel a licence for any of the reasons stated above, or if the licensee:
- Has committed a substantial misrepresentation in a licensing application or licence renewal
- Has performed a fraudulent, deceptive, or dishonest act
- Is no longer appropriate or proper to continue as a licensee
When a license is revoked or suspended, it must be returned to the Registrar.
- Under the Act and in relation to service delivery, the Registrar has broad investigative authority. The Registrar may check any individual being investigated’s business offices and get a search warrant to visit a dwelling residence.
- If the Registrar receives a complaint about a licensee from a member of the public, he or she may conduct any required inquiry. The outcome of the complaint must be communicated to the complainant. Unless the Minister specifically allows its dissemination, any information received by the Registrar must be kept secret.
- The Registrar may petition the court for a search warrant.
- The Act makes it a crime to obstruct the Registrar’s inquiry.
- The Registrar may seek a restraining order from the court to prevent a violation or continuation of a breach of the Act.
Certain behaviours are prohibited by the Act. Licensees are not permitted to:
- Hold themselves up as police officers or are affiliated with a police force
- In any advertisement, mention government licensing or bonding
- Use a name that is different from the one under which they are licensed
- Using the term “detective” to describe themselves
- Permit others to use their licence
Licensees Must:
- Only wear a uniform approved/registered by the Registrar
- Carry and show their licences to anyone who requests it
- Comply with any licensing terms and limitations
- You must be at least 18 years old
- When their licences expire, are terminated, suspended, or revoked, they must return them to the Registrar
- Any incident involving a member of the public that involves the use of force or other extraordinary involvement should be reported to the Registrar
Offences:
If a security personnel deliberately commits an offence under the Act, regulatory authorities can impose severe penalties. Security guards are breaking the law if they:
- Knowingly provide false information in any application, statement, or return required by this Act or its rules
- Failure to obey any order or other condition imposed by this Act or its requirements
- Failure to comply with a licensing requirement
- Any violation or failure to comply with any provision of this Act or its requirements
A first offence for a person other than a company may result in a fine of no more than $25,000 or imprisonment for no more than one year, or both.
In the event of a company, the first offence is punishable by a fine of up to $250,000. Furthermore, the Act states that any officer, director, or agent of a corporation who ordered or otherwise engaged in the act that constitutes an offence by the corporation is guilty of that crime regardless of whether the corporation is prosecuted or convicted.
Identification of Security Guards
When new regulations went into effect, the standards for identifying Guards altered dramatically. Every Guard must provide his or her licence for examination to any individual who requests it while on duty. Security guards, like police officers, must be able to properly identify themselves while enforcing the law on their premises.
35. (1) Any person acting as a Security Guard or presenting himself or herself as such should:
- Carry their license
- Upon request, identify oneself or herself as a Security Guard, and
- Provide his or her licence. 2005, c.34, s.35(1) (1).
General Rules and Standards of Practice
These are some of the regulations that Security Guards must follow on a daily basis. They may be found in the PSISA between sections 35 and 40.
- Security guards (including “plain-clothes” security guards such as loss prevention staff or bodyguards) must always have their licence with them when on the job. If a member of the public requests it, they must identify themselves as Security Guards and produce their licence.
- Security Guards, with the exception of bodyguards and loss prevention employees, must wear a uniform while on the job. More information about the Uniforms Regulation may be found below.
- Security guards are not permitted to wear any authority insignia other than their licence and uniform (for example, a metal badge is prohibited).
- Security guards are not permitted to pose as police officers or undertake police-related jobs. As a result, they are also barred from referring to their employment as Security Guards using the following words: Law Enforcement, Police, Officer, or Private Detective
Security guards, for example, are not permitted to refer to themselves as “security officers”.
Licensee May Not Act as a Collector, etc
Security guards are not permitted to serve as collectors, bailiffs, or help with an eviction under the Tenant Protection Act (1997) or an eviction under the Residential Tenancies Act (2006).
Canada’s Multicultural Society
Canada has a well-known multicultural society. Canada’s multiculturalism policy encourages individuals from different cultures to share and preserve their cultural differences. There is no obligation for new Canadians to become absorbed into the Canadian fabric if we define assimilation as abandoning cultural behaviours and traditions that are significant to them. The sole demand is that all Canadians follow the law and the Constitution.
The multicultural policy encourages all Canadians to recognize cultural diversity. People may find themselves in circumstances where they are unfamiliar with the cultural customs of others as a result of doing so. In these instances, it is recommended that both groups make every effort to get acquainted with the cultural traditions of the other, especially if there is to be a working connection.
People from all cultures have the same rights and freedoms in a multicultural society if they follow Canadian laws. Every year, thousands of new immigrants and refugees arrive in Canada, many of whom do not speak or comprehend English. As a Security Guard, you’ll come across a lot of folks like these. Because of your outfit, many people will see you as an authoritative figure. Security guards are much more involved in police work in other nations than they are here. Some people may be hostile toward you because they have had negative interactions with authorities in their own country.
Code of Conduct
Under Part 8: Regulations, of our PSISA is Ontario Regulation 363/07: Code of Conduct.
This law specifies what type of behaviour is acceptable or unacceptable for Security Guards to exhibit while on the job. Respecting the Code of Conduct is, in most situations, a matter of common sense for security guards – security guards are required to treat members of the public with respect and professionalism. Security guards, for example, must:
- Be truthful and trustworthy
- Respect and utilize all property and equipment in accordance with the terms of his or her licence
- Comply with all federal, provincial, and local laws, as well as refrain from any illegal or unethical behaviour
- Treat everyone equally, without regard to race, ancestry, place of birth, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status, or handicap
- Abstain from using vulgar, abusive, or insulting words or acts, or any actions that are otherwise uncivil to any member of the public, AND refrain from employing excessive force
- Respect others’ privacy by keeping any information acquired while working as a Private Investigator or Security Guard secret, unless disclosure is needed as part of the job or by law
- Cooperate with the police as required by law
- Working while under the influence of alcohol or drugs makes you unsuitable for duty
- Not to collude with another person or help or abet another licensee in a violation of this Code of Conduct AND to make a false statement or complaint against another licensee knowingly or carelessly
- Not to falsify the kind, class, or conditions of his or her licence to anybody
Skills Called Upon During Ordinary Duties
Guards are frequently called upon to demonstrate:
- Courage in times of crisis
- Calmness in the midst of chaos or commotion
- Genuine concern for the safety and well-being of everyone on a job site
- The ability to communicate with others in an understanding manner
A Security Guard who:
- It appears to be ineffective
- Has little awareness of what is going on around him or her
- Lacks enthusiasm for his or her job
Is not beneficial to the employer or the customer for whom he or she is executing the obligation. Such attitudes tend to sully the company’s image as well as any hope of a positive interaction with the people the guard comes into contact with while executing his or her job.
It is highlighted once more that appearance, attitude, and training are the three most significant components in promoting a positive public image.
Guards are now expected to conduct a range of complicated tasks with discretion, diplomacy, and tact. Guards are required to not only seem more professional, but also to know more about the rules and procedures governing their sector. Among these expectations are:
- Always acting in an honest and ethical manner;
- Being sympathetic to those with special needs, as well as people from various origins, groups, and cultures;
- Knowledge of criminal law, as well as their powers and obligations under it;
- Possessing awareness of their employer’s and the client’s policies in order to perform in compliance with them;
- Being well-trained and capable of responding swiftly and effectively to the everyday scenarios they will face on the job every day. If an emergency occurs, security will not panic but will instead aid people in need;
- Being well dressed and looking nice and clean;
- Even when dealing with tough individuals or in challenging situations, acting in a disciplined and professional manner, treating all people with respect and decency.
The Regulations (under Part 8 of our PSISA, 2005):
- Define and explain some of the Act’s terminology
- Outlines the procedure and forms needed to apply for a business or employee licence
- Sets out the categories of people who are excluded from the Act’s requirements
- Describes the types of licenses that may be provided (for example, licence renewal)
- The renewal application must be submitted before the existing licence expires. If the Registrar receives an application after the current license’s expiration date, it will not be considered a renewal. Everyone should be informed that there will be no exceptions
- Every licensee must be familiar with the Act as well as the rules
Uniforms (Ontario Regulation 362/07)
All Security Guards, with the exception of bodyguards and loss prevention workers, must wear a uniform that complies with the Uniforms Regulation. If a security guard works for a licensed security firm, his or her company is responsible for ensuring that the uniform satisfies all criteria. Please keep in mind that Security Guards must be conversant with the regulations as well, since it is their job to wear the appropriate uniform on a regular basis. Some crucial aspects to keep an eye out for:
- The words “SECURITY” or “SECURITY GUARD” must appear on the uniform in certain locations and proportions.
- An identity tag displaying the licensee’s name, licence number, or both must be attached to the uniform.
- A Security Guard uniform should not have any characteristics that are reminiscent of a police uniform, such as rank chevrons, a police-style forage helmet, or stripes down the side of the pants.
Equipment (Ontario Regulation 366/07)
Guards working in Ontario may be granted authorization in some instances to carry and use specific gadgets to defend themselves in risky situations. The Ministry permits an individual to carry a handgun, baton, handcuffs, or utilize a guard dog when providing services. In such cases, the following requirements must always be met:
- The licensed or registered business entity must supply and issue the equipment or gadget. Guards who already own their equipment are not permitted to use personal devices while on the job. The company must also maintain track of what equipment has been assigned to each employee. This law assures that employers are fully informed that their workers have such equipment, and that the Guard’s actions and liabilities while using these devices are covered by the employer’s insurance. Individuals who own weapons are subject to the laws and regulations outlined in the Firearms Act.
- The employer must guarantee that each employee is adequately insured against liability arising from the abuse of the furnished equipment.
While some gadgets are permissible under Ontario legislation, guards should always verify with their employers and the Ministry of the Attorney General to confirm that the equipment is approved for usage by a Security Guard. In some circumstances, new technologies that are based on existing technology may not be legal under the rules. Guards, for example, are not authorized to employ cable ties or flex cuffs as restraints in the provision of security services, even if handcuffs are acceptable. While used by police forces across the world, such restraint devices do not give the same level of safety as handcuffs provide, and they sometimes require a cutting instrument to remove, which can endanger both the Security Guard and the criminal during incidents.
Firearms
- Only an individual licensee who is permitted to carry a firearm under section 20 of the Firearms Act may use a firearm in the performance of Private Investigator or Security Guard services (Canada). O. Reg. 283/09, s. 1.
Batons
- (1) A private investigator or security guard may use a baton only if the following requirements are met:
The individual licensee receives the baton from the licensed or registered business organization that employs the individual licensee.
The individual licensee may only use the baton defensively. O. Reg. 366/07, s. 2 (1).
(2) A licensed business company must have insurance to cover the risks of its personnel carrying batons. O. Reg. 366/07, s. 2 (2).
Handcuffs
3. Handcuffs may be used by an individual licensee in the provision of Private Investigator or Security Guard services only if they are given to the individual licensee by the licensed or registered business organization that employs the individual licensee. O. Reg. 366/07, s. 3.
Restraints
4. In the performance of Private Investigator or Security Guard services, an individual licensee may not utilize cable ties or strip ties as restraints. O. Reg. 366/07, s. 4.
Oversight by employers
5. A licensed business entity must guarantee that the individual licensees it employs follow this Regulation. O. Reg. 366/07, s. 5.
Use of Animals (Ontario Regulation 365/07
A PSISA regulation allows for the use of guard dogs. The Ministry has established severe limits on the use of animals while providing security services, including the prohibition on using a dog for illegal activities. Guard dogs may only be employed to identify people or things on sites, never to regulate individual behaviours or to pursue or restrain people. Furthermore, an animal may be used only when accompanied by an individual licensee who has been properly trained in the use of a Guard Dog, and only when the dog is on a leash and wearing a fluorescent collar and identification tag that includes the name of the licensed or registered business entity.The Guard Dog will also require special training to guarantee that it obeys the orders of the person with whom the dog is travelling. The dog must also be trained to respond only to hostility directed at the handler, and only in a non-lethal way in order to preserve the safety of others.
Prohibitions: use of animal
- (1) An animal may not be employed to control people or crowds, or to pursue or restrain people. O. Reg. 365/07, s. 2 (1).
(2) An animal may not be employed to protect or patrol a location unless it is accompanied by a licensed human. O. Reg. 365/07, s. 2 (2).
Dogs for tracking or detection
3. A licensee may track or detect individuals or items using a dog. O. Reg. 365/07, s. 3.
Dogs accompanying a Security Guard Licensee for Protection
- (1) When providing Security Guard services, an individual licensee may be accompanied by a dog for the licensee’s protection. O. Reg. 365/07, s. 4 (1).
(2) A dog accompanying an individual licensee in accordance with paragraph (1) must,
(a) be on a lead and under the licensee’s supervision; and
(b) wear a fluorescent collar and identity tag identifying the licensed or registered business firm that employs the individual licensee. O. Reg. 365/07, s. 4 (2).
Dog Training
- A dog may not be employed in the manner authorized by this Regulation unless it has first been trained.
(a) to obey the directions of the dog’s handler or the person accompanying the dog;
(b) to respond exclusively to aggressiveness directed at the dog’s handler or the person accompanying the dog, and to respond appropriately when the aggression subsides; and
(c) not to kill or hurt persons or animals. O. Reg. 365/07, s. 5.
Policies and Procedures
6. A licensed commercial enterprise must adopt documented plans and procedures for the feeding, housing, transportation, veterinary care, retirement, and death of dogs utilized in accordance with this Regulation. O. Reg. 365/07, s. 6.
Oversight by Employers
7. A licensed business entity must guarantee that the individual licensees it employs follow this Regulation. O. Reg. 365/07, s. 7.
Information to New Owners
8. An individual licensee or licensed business organization that gives away or sells a dog used as indicated in Section 4 must inform the dog’s new owner that the dog was used to accompany one or more Security Guards in the performance of Security Guard services. O. Reg. 365/07, s. 8.
Recordkeeping Requirements for Licensed Business Entities (Ontario Regualtion 434/07)
- (1) Every licensee who is a business entity is required to keep the following records:
- A list of all of the licensed business entity’s current Private Investigators and Security Guards.
- A list of all Private Investigators and Security Guards who are not now employed by the licensed business entity but were formerly employed by the licensed business organization.
- With regard to each individual listed on the lists required by paragraphs 1 and 2,
i. a copy of his or her employment contract, as well as
ii. a document outlining the person’s job history and the areas where he or she offered Private Investigator or Security Guard services during that time.
- For all Private Investigator and Security Guard services offered by the licensed business organization,
i. all notes and reports generated by the licensed business entity’s Private Investigators and Security Guards,
ii. all images, video, audio, or other electronic recordings created or collected during the process of providing the services
iii. a Use of Force Report, in the form prescribed by the Registrar, for each occurrence in which a Private Investigator or Security Guard employed by the licensed business organization used handcuffs, a baton, a firearm, or any other weapon, or otherwise used force, and
iv. a Use of Force Report, in the form authorized by the Registrar, for each case in which a dog employed to provide Private Investigator or Security Guard services attacks a human.
- If a licensed business organization authorizes or requires a Private Investigator or Security Guard to carry handcuffs, a baton, or a handgun during the course of his or her job,
i. each such Private Investigator and Security Guard’s name,
ii. proof that each Private Investigator and Security Guard specified in subparagraph I has received training in the use of handcuffs, batons, or weapons, as applicable.
iii. evidence of the trainer’s qualifications who gave the training referred to in subparagraph ii,
iv. proof that the licensed business organization is insured against the hazards of using handcuffs, batons, or weapons, as applicable, and
v. an inventory of equipment detailing:
A. every time a licensed business organization supplied handcuffs, a baton, or a handgun to a Private Investigator or Security Guard, as well as the identity of the Private Investigator or Security Guard to whom they were issued,
B. the type of handcuffs, baton, or handgun used in each of the cases listed in sub-subparagraph A,
C. a description of where the handcuffs, baton, or weapon were carried in each circumstance described in sub-subparagraph A, and
D. A threat assessment stating why the Private Investigator or Security Guard has to carry the baton for each baton supplied.
- If a Security Guard employed by the licensed business organization is permitted or required by the licensed business entity to be accompanied by a dog while providing Security Guard services,
i. documentation of the dog’s training,
ii. proof that the Security Guard has received training in the use of dogs in the performance of Security Guard services.
iii. a copy of the licensed business entity’s dog care and handling rules and procedures, including policies and processes for feeding, housing, transportation, veterinary treatment, retirement, and euthanasia, and
iv. a journal indicating each time the licensed business organization issued a dog to a Security Guard for protection while providing Security Guard services, as well as the identity of the Security Guard to whom the dog was issued. O. Reg. 434/07, s. 1 (1).
(2) Every licensed business organization must keep the documents required by paragraph (1) for two years, or until the end of any continuing inquiry, inspection, complaint, court process, or administrative procedure. O. Reg. 434/07, s. 1 (2).
(3) A judicial proceeding or administrative procedure is finished for the purposes of paragraph (2) when a decision is issued and all options of appeal or review have expired or been exhausted. O. Reg. 434/07, s. 1 (3).
