18

 


Fourth Session, 45th General Assembly

56 Elizabeth II, 2007

BILL 18

AN ACT TO AMEND THE PRIVATE INVESTIGATION AND SECURITY SERVICES ACT

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE DIANNE WHALEN

Minister of Government Services

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Private Investigation and Security Services Act to remove the requirement for security guards to be individually licensed under the Act.  Security guard agencies would continue to be licensed as agencies under the Act, and would carry the responsibility for the education and conduct of the security guards in their employ through the terms and conditions of the agency's licence.

Clause 1 of the Bill would amend the definition section of the Act to remove security guards from the definition of "agents" and to add a definition of "armoured vehicle guard" who will continue to be licensed under the Act.

In clause 2 of the Bill, section 9 of the Act would be modified to reflect that security guard agencies may employ security guards even though those persons are not individually licensed under the Act as is otherwise required.

Clause 3 of the Bill clarifies that requirements already contained in the Act also apply to security guards employed by a licensed security guard agency.  Further, clauses 4 and 5 of the Bill clarify that prohibitions already contained in sections 12 and 30 of the Act also apply to those security guards.

In clause 6 of the Bill, the Act would be amended to provide that uniforms will continue to be required for armoured vehicle guards.

Clause 7 of the Bill clarifies that a prohibition contained in section 34 of the Act also applies to security guards.  In clause 8 of the Bill, the reference to security guard has been deleted in favour of the more particular reference, armoured vehicle guard.

Clause 9 of the Bill is an amendment to the regulation-making section of the Act regarding armoured vehicle guards.

Clause 10 of the Bill is a commencement clause.

A BILL

AN ACT TO AMEND THE PRIVATE INVESTIGATION AND SECURITY SERVICES ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.9 R&S
Employment requirement

        3.   S.11 R&S
Requirements

        4.   S.12 R&S
Criminal conviction

        5.   S.30 Amdt.
Private investigator

        6.   S.31 R&S
Uniform required

        7.   S.34 Amdt.
Restriction re peace officer

        8.   S.35 Amdt.
Firearms prohibited

        9.   S.40 Amdt.
Regulations

      10.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cP-24
as amended

        1. (1) Paragraph 2(c) of the Private Investigation and Security Services Act is repealed and the following substituted:

             (c)  "agent" means a private investigator, an armoured vehicle guard, a security consultant or a burglar alarm agent;

             (2)  The Act is amended by adding immediately after paragraph (c) the following:

          (c.1)  "armoured vehicle guard" means a person who guards or transports valuable property in an armoured vehicle whether or not the property is owned by his or her employer;

             (3)  Paragraph 2(n) of the Act is amended by adding immediately after the words "security guard" a comma and the words "armoured vehicle guard".

             (4)  Paragraph 2(p) of the Act is amended

             (a)  by adding the word "or" at the end of subparagraph (i); and

             (b)  by repealing subparagraph (ii).

             (5)  Paragraph 2(q) of the Act  is repealed and the following substituted:

             (q)  "security guard agency" means the business of providing the services of security guards, guard dogs or armoured vehicle guards.

        2. Section 9 of the Act is repealed and the following substituted:

Employment requirement

        9. (1) A person who holds a licence to carry on business as an agency shall not employ as an agent a person who does not hold a licence to act as an agent.

             (2)  Notwithstanding subsection (1), a security guard agency may employ as a security guard a person who meets the requirements of this Act and any terms and conditions prescribed by the minister in the agency's licence.

 

        3. Section 11 of the Act is repealed and the following substituted:

Requirements

      11. (1) A person is not eligible to hold a licence as an agent unless that person

             (a)  is a Canadian citizen; and

             (b)  is 19 years of age or over.

             (2)  A person may not be employed as a security guard by a licensed security guard agency unless that person

             (a)  is a Canadian citizen; and

             (b)  is 19 years of age or over.

 

        4. Section 12 of the Act is repealed and the following substituted:

Criminal conviction

      12. A person shall not hold a licence as an agent or be employed as a security guard in a licensed security guard agency where the person has been found guilty or convicted of an offence under the Criminal Code that the administrator considers relevant to his or her fitness to act as an agent or security guard and a pardon has not been granted in respect of the discharge or conviction.

 

        5. Subsection 30(3) of the Act is repealed and the following substituted:

             (3)  A licensed private investigator who is also employed as a security guard or an armoured vehicle guard by a licensed security guard agency shall not act as a private investigator while in uniform.

 

        6. Section 31 of the Act is repealed and the following substituted:

Uniform required

      31. (1) A security guard and an armoured vehicle guard shall wear a uniform that is required by the regulations while acting as a security guard or an armoured vehicle guard. 

             (2)  An armoured vehicle guard, while acting as an armoured vehicle guard, shall carry on his or her person the licence issued to him or her under this Act.

 

        7. Section 34 of the Act is amended by adding immediately after subsection (4) the following:

             (5)  This section shall also apply to a security guard employed by a security guard agency licensed under this Act.

 

        8. Section 35 of the Act is amended by renumbering it as subsection 35(1), by deleting the words "a security guard" and substituting the words "an armoured vehicle guard" and by adding immediately after subsection (1) the following:

             (2)  A security guard may not carry or use a firearm.

 

        9. Paragraph 40(1)(j) of the Act is amended by adding immediately after the words "security guards" a comma and the words "armoured vehicle guards".

Commencement

      10. This Act shall come into force on July 1, 2007.