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Statutes of Newfoundland and Labrador 2010


CHAPTER 12

AN ACT TO AMEND THE PRIVATE INVESTIGATION AND SECURITY
SERVICES ACT

(Assented to June 24, 2010)

Analysis


        1.   S.10 R&S
Agency licence

        2.   S.37 Rep.
Appeal to minister

        3.   S.38 R&S
Appeals


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

RSNL1990 cP-24
as amended

        1. Section 10 of the Private Investigation and Security Services Act is repealed and the following substituted:

Agency licence

      10. (1) A person is not eligible to hold a licence to carry on the business of an agency unless

             (a)  the person is a Canadian citizen or a permanent resident within the meaning of the Immigration Act (Canada); and

             (b)  the person who will manage the business is ordinarily resident in Canada.

             (2)  An applicant for a licence shall indicate to the administrator a current address for service in the province, and a document sent to or served on the applicant under this Act or the regulations shall be considered to be sufficiently sent or served if delivered personally or mailed by registered mail to that address for service.

             (3)  Where a document referred to in subsection (2) is mailed by registered mail, it is considered to be served on the third day following the day it is deposited in the post office by the sender.

 

        2. Section 37 of the Act is repealed.

 

        3. Section 38 of the Act is repealed and the following substituted:

Appeals

      38. (1) A person may appeal to a judge of the Trial Division

             (a)  where the administrator has refused to issue a licence to the person or to renew his or her licence;

             (b)  against a term or condition to which the person's licence is made subject;

             (c)  where his or her licence has been suspended or cancelled, against the suspension or cancellation; and

             (d)  where the person is dissatisfied with a decision, order or direction that the administrator has made affecting the person.

             (2)  A person appealing under this section shall give notice of the appeal to the administrator at the time the appeal is filed with the court.

             (3)  An appeal under this section shall be started not later than 30 days after the happening of the event giving rise to the appeal.