This is an official version.

Copyright © 2007: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland and Labrador 2007


CHAPTER 13

AN ACT TO AMEND THE PRIVATE INVESTIGATION AND SECURITY SERVICES ACT

(Assented to June 14, 2007)

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 (1) Paragraph 2(c) of the Private Investigation and Security Services Act is repealed and the following substituted: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             (5)  Paragraph 2(q) of the Act  is repealed and the following substituted: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 Section 9 of the Act is repealed and the following substituted: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.