This lesson introduces the student to his/her responsibilities as a Security Guard under the PSISA. The Private Security and Investigative Services Act, 2005 (PSISA) regulates the security industry. As such, Security Guards must be familiar with the PSISA to ensure they follow 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 presently regulated by provincial legislation, called The Private Security and Investigative Services Act, 2005.

This legislation also clarified the licensing requirements of the Act and introduced mandatory training and equipment requirements before employers could license an individual as a Security Guard.

These changes were introduced because the security industry had undergone significant changes in the years since legislation regulating the industry was first developed and implemented. The changes were viewed as necessary to ensure that both the public and the employees in the industry were adequately protected in performing security functions.

There are 8 parts to the PSISA, 2005, c.34

• Interpretation and Application
• Administration
• Prohibitions
• Licensing
• Complaints and Investigations
• General Duties and Standards of Practice
• General
• Regulations

The Registrar is given the authority to issue or renew a license. A license may be refused where:

• The fee has not been paid;
• The applicant cannot reasonably be expected to be responsible as a licensee;
• Past conduct suggests the applicant will not conduct him or herself with integrity;
• The applicant has contravened the Act, the regulations, or a term or condition of the license;
• The applicant has been convicted of an offence;
• Issuing or renewing the license would be prejudicial to the public interest.

The Registrar may amend, suspend, or cancel a license for any of the grounds set out above or where the licensee:

• Has made a material misstatement in the application for a license or the renewal of a license;
• Has committed an act of misrepresentation, fraud, or dishonesty;
• Is no longer a fit or proper person to carry on as a licensee;

Where a license is cancelled or suspended, the license must be returned to the Registrar.

• The Registrar possesses the general power of investigation under the Act and in respect to the delivery of services. The Registrar may inspect the business offices of any person being investigated and may obtain a search warrant to enter a dwelling house.
• Where the Registrar receives a complaint from a member of the public about a licensee, he or she may conduct any investigation necessary. The complainant must be advised of the results of the complaint.  Any information received by the Registrar must be kept confidential, unless the Minister expressly authorizes its release.
• The Registrar may apply to the court to obtain a search warrant.
• Obstruction of the Registrar’s investigation is an offence under the Act.
• The Registrar may apply to the court for a restraining order to prevent the violation or continued violation of the Act.
• The Act prohibits certain behaviour. Licensees cannot:
  • hold themselves out as police officers or connected to a police service;
  • refer to government licensing or bonding in any advertisement;
  • use a name other than the one under which they are licensed;
  • use the term “detective” in describing themselves;
  • allow other persons to use their license.

Licensees Must:

• Only wear a uniform approved by the Registrar;
• Carry and present their licenses to anyone making that request;
• Comply with any terms and conditions of their licenses;
• Be over 18 years of age;
• Return their licenses to the Registrar when they expire, or are terminated, suspended, or cancelled;
• Report to the Registrar any incident involving a member of the public involving the use of force or other unusual intervention. 

Offences

If a security guard willfully commits an offence under the Act, there are severe penalties that can be imposed by governing bodies. Security Guards commit an offence if they:

• Knowingly furnish false information in any application or in any statement or return required under this Act or the regulations
• Fail to comply with any order or other requirement made under this Act or the regulations
• Fail to comply with a condition of a license
• Contravene or fail to comply with any provision of this Act or the regulations

In the case of a person other than a corporation, a first offence may result in a fine of not more than $25,000 or imprisonment for a term of not more than one year or both.

In the case of a corporation, the first offence may result in a fine of not more than $250,000. In addition, the Act provides that any officer, director or agent of a corporation who directed or otherwise participated in the act that constitutes an offence by the corporation, is guilty of that offence whether or not the corporation itself is prosecuted or convicted.

Identification of Security Guards

When new legislation came into force, the guidelines with respect to the identification of Guards changed significantly. While working, every Guard shall, upon request, produce his or her license for inspection to any person. Much like Police are required to produce their badges, Security Guards must be able to properly identify themselves when enforcing the law on their sites.

35. (1) Every person who is acting as a Security Guard or holding himself or herself out as one shall,

1. Carry his or her license;
2. On request, identify himself or herself as a Security Guard; and
3. On request, produce his or her license. 2005, c.34, s.35(1).

General Rules and Standards of Practice

These are some of the rules that Security Guards must be mindful of during their day-to-day activities. They can be found between sections 35 and 40 of the PSISA.

• Security Guards must always carry their licence with them when they are working (including “plain-clothes” Security Guards, e.g. loss prevention personnel or bodyguards). They must also identify themselves as Security Guards, and show their licence, if a member of the public asks them to do so.
• With the exception of bodyguards and loss prevention personnel, Security Guards must wear a uniform while working. See below for further information on the Uniforms Regulation.
• Security Guards are prohibited from carrying any symbol of authority, other than their licence and uniform (for example, a metal badge is prohibited).
• Security Guards are prohibited from holding themselves out as police officers, or performing police-related duties. For this reason, they are also prohibited from using the following words when referring to their work as Security Guards: Detective or Private Detective, Law Enforcement, Police, Officer

For example, Security Guards are prohibited from referring to themselves as “security officers”.

Licensee May Not Act As A Collector, Etc.

Security Guards cannot act as a collector with respect to the collection of accounts, acting as a bailiff, assisting with an eviction under the Tenant Protection Act (1997) or an eviction under the Residential Tenancies Act (2006).

Canada’s Multicultural Society

Canada is a recognized multicultural society. The multiculturalism policy of Canada supports and encourages people from cultures living in Canada to both share and retain their cultural uniqueness. There is no requirement for new Canadians to become assimilated into the Canadian fabric, if by assimilation we mean the discarding of those cultural practices and traditions that are important to them. The only requirement is that all Canadians abide by the laws of the land and the Constitution.

The multicultural policy promotes that all Canadians respect the differences between cultures. In so doing, people may find themselves in situations where they are unfamiliar with the cultural practices of others. In these cases, it is suggested that every effort be made by both groups to become familiar with the cultural practices of the other, especially if there is to be a working relationship.

Living in a multicultural society means that people from all cultures receive the same rights and freedoms if they obey Canadian laws. Every year new immigrants and refugees come to Canada, many of whom do not speak or understand English well. You will meet many such people in your role as a Security Guard. Many people will see you as an authority because of your uniform. In some other countries Security Guards are more involved in police work than they are here. Some people may react strongly toward you because they have had bad experiences with authorities in their country.

Code of Conduct

Under Part 8: Regulations, of our PSISA is Ontario Regulation 363/07: Code of Conduct.

This regulation defines what kind of behavior is appropriate or inappropriate for Security Guards to display while they are working. Security Guards will find that respecting the Code of Conduct is, in most cases, a matter of common sense – Security Guards are expected to treat members of the public in a respectful and professional manner. For instance, Security Guards must:

• Act with honesty and integrity
• Respect and use all property and equipment with the conditions of his or her license
• Comply with all federal, provincial and municipal laws AND refrain from behaviour that is either prohibited or not authorized by law
• Treat all persons equally, without discrimination based on a person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability
• Refrain from using profane, abusive or insulting language or actions, or actions that are otherwise uncivil to any member of the public AND refrain from exercising unnecessary force
• Respect the privacy of others by treating all information received while working as a Private Investigator or Security Guard as confidential, except where the disclosure is required as part of such work or by law
• Co-operate with the Police where it is required by law
• Not be working, while unfit for duty from being under the influence of alcohol or drugs
• Not to conspire with another person or aid or abet another licensee in a breach of this Code of Conduct AND willfully or negligently make a false statement or complaint against another licensee
• Not to misrepresent to any person the type, class or conditions of his or her license

Skills Called Upon During Ordinary Duties

Commonly, guards will be called upon to demonstrate:

• Courage in emergency situations;
• Calmness during disorder or confusion;
• Genuine interest in the safety and welfare of the persons on a worksite;
• The ability to deal with people in an understanding way.

A Security Guard who:

• Appears to do little;
• Has little knowledge of what is going on around him/her; and
• Lacks interest in performing his/her job;

is not an asset to the employer or the client he/she is performing the duty for. Such attitudes tend to destroy the company’s image and any chance of a good relationship with the people the guard encounters in performing his or her duties.

Again it is emphasized that appearance, attitude and training are the three most important factors to promote a good public image.

Today, guards are asked to perform a variety of complex functions with discretion, diplomacy and tact. Guards are expected not only to look more professional, but also to have a greater knowledge of the laws and policies related to their industry. Some of these expectations include:

• Acting in an honest and ethical manner at all times;
• Being sensitive to people with special needs, different backgrounds, communities and cultures;
• Possessing knowledge of criminal law, and their powers and responsibilities under it;
• Possessing knowledge of their employer’s policies, and the policies of the client, in order to act in accordance with them;
• Being well-trained and able to respond quickly and appropriately to the routine situations they will encounter every day on the work site. If emergencies arise, security will not panic but provide assistance to those in need;
• Being properly attired and neat and clean in appearance;
• Acting in a disciplined and professional manner, even when encountering difficult people or when placed in difficult situations, treating all people with respect and dignity.

The Regulations (under Part 8 of our PSISA, 2005):

• Define and explain some of the terms used in the Act;
• Outlines the process and the required forms for applying for a business or employee license;
• Sets out the classes of persons exempt from the provisions of the Act;
• Explains the type of licenses that may be granted (i.e. license renewal);
• The application to renew must be made before the expiration of the current license. Should the Registrar receive an application after the expiration date of the current license, it will not be treated as a renewal. There will be no exceptions, so everyone should be aware of this;
• Every licensee must be familiar with both the Act and regulations.

UNIFORMS (Ontario Regulation 362/07)

With the exception of bodyguards and loss prevention personnel, all Security Guards must wear a uniform that complies with the Uniforms Regulation. If a guard works for a licensed security agency, his or her employer is responsible for ensuring that the uniform meets all the requirements. Please note, Security Guards must also be familiar with the regulation, as it is their responsibility to wear the proper uniform on a daily basis. Some key points to look out for:

• The term “SECURITY” or “SECURITY GUARD” must be displayed on the uniform in specific places and specific dimensions.
• The uniform must include an identification tag, which shows the licensee’s name, or licence number or both.
• A Security Guard uniform should not bear any traits that resemble a police uniform, such as rank chevrons, a police-style forage cap, or stripes down the side of the trousers.

EQUIPMENT (Ontario Regulation 366/07)

In some cases, guards working in Ontario may be granted permission to carry and to use certain devices to protect themselves in dangerous situations. The Ministry allows an individual to carry a firearm, baton, handcuffs, or allow the use of a guard dog in the provision of services. In such circumstances, the following conditions must be met always:

• The equipment or device must be supplied and issued by the licensed or registered business entity. Guards who already own their equipment may not use their own personal devices while working. The employer must also keep a record of what equipment has been issued to each individual. This rule ensures that employers are fully aware that their employees are in possession of such equipment, and ensures that the actions and liabilities of the Guard while using these devices is covered under the employers insurance. In the case of firearms, the individuals are subject to the rules and regulations set out under the Firearms Act.
• The employer must ensure that each individual is insured against liability resulting from misuse of the equipment provided.

While some devices are acceptable under Ontario law, guards should always check with their employers and the Ministry of the Solicitor General to ensure that the equipment is authorized for use by a Security Guard. In some cases, new technologies, while based on technologies in common use, may not be acceptable according to the regulations. For example, while handcuffs are acceptable, Guards are not permitted to use cable ties or flex cuffs as restraints in the provision of security services. While in use by Police Services worldwide, such restraint devices do not have the same safety measures that handcuffs provide, and also often require a cutting tool to remove them which can pose a danger to both the Security Guard and the offender during incidents.

Firearms

1.  An individual licensee may use a firearm in the provision of Private Investigator or Security Guard services only if he or she is authorized to carry the firearm under section 20 of the Firearms Act (Canada). O. Reg. 283/09, s. 1.

Batons

2.  (1)  An individual licensee may use a baton in the provision of Private Investigator or Security Guard services only if the following conditions are met:

1. The baton is issued to the individual licensee by the licensed or registered business entity that employs the individual licensee.

2. The individual licensee may use the baton for defensive purposes only. O. Reg. 366/07, s. 2 (1).

(2)  A licensed business entity shall carry insurance to cover the risks associated with its employees carrying batons. O. Reg. 366/07, s. 2 (2).

Handcuffs

3.  An individual licensee may use handcuffs in the provision of Private Investigator or Security Guard services only if the handcuffs are issued to the individual licensee by the licensed or registered business entity that employs the individual licensee. O. Reg. 366/07, s. 3.

Restraints

4.  An individual licensee may not use cable ties or strip ties as restraints in the provision of Private Investigator or Security Guard services. O. Reg. 366/07, s. 4.

Oversight by employers

5.  A licensed business entity shall ensure that the individual licensees employed by it comply with this Regulation. O. Reg. 366/07, s. 5.

USE OF ANIMALS (Ontario Regulation 365/07)

Guard Dogs are permitted under a regulation of the PSISA. The Ministry has imposed strict guidelines on the use of animals when providing security services that prohibit the use of a dog for illicit purposes. Guard dogs may only be used to detect people or objects on sites, and never to control the actions of individuals or for the pursuit or restraint of persons. Furthermore, an animal may only be used if it is accompanied by an individual licensee that is properly trained in the use of a Guard Dog, and then only if the dog is on a lead and is wearing a fluorescent collar and identification tag that includes the name of the licensed or registered business entity. The Guard Dog will also require specific training to ensure that it will obey the commands of the person the dog is accompanying. The dog must also be trained only to respond to aggression against the handler, and then only in a non-lethal manner to protect the safety of others.

Prohibitions re: use of animals

2.  (1)  An animal may not be used to control individuals or crowds or for the pursuit or restraint of individuals. O. Reg. 365/07, s. 2 (1).

(2)  An animal may not be used to guard or patrol a place unless it is accompanied by an individual licensee. O. Reg. 365/07, s. 2 (2).

Dogs for tracking or detection

3.  A licensee may use a dog to track or detect people or things. O. Reg. 365/07, s. 3.

Dogs accompanying a Security Guard licensee for protection

4.  (1)  An individual licensee, in the provision of Security Guard services, 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 as permitted by subsection (1) must,

(a) be on a lead and under the control of the licensee; and

(b) wear a fluorescent collar and identification tag that includes the name of the licensed or registered business entity that employs the individual licensee. O. Reg. 365/07, s. 4 (2).

Dog training

5.  A dog may not be used as permitted under this Regulation unless it is first trained,

(a) to obey the commands of the dog’s handler or the person the dog is accompanying;

(b) to respond only to aggression against the dog’s handler or the person the dog is accompanying, and to respond accordingly when the aggression abates; and

(c) to not kill or seriously injure people or animals. O. Reg. 365/07, s. 5.

Policies and procedures

6.  A licensed business entity shall develop written policies and procedures on the care and handling of dogs used as permitted by this Regulation, including policies and procedures on the dogs’ feeding, housing, transportation, veterinary care, retirement and euthanasia. O. Reg. 365/07, s. 6.

Oversight by employers

7.  A licensed business entity shall ensure that the individual licensees employed by it comply with this Regulation. O. Reg. 365/07, s. 7.

Information to new owners

8.  An individual licensee or licensed business entity that gives away or sells a dog that was used as described in Section 4 shall advise the dog’s new owner that the dog was used to accompany one or more Security Guards in the provision of Security Guard services. O. Reg. 365/07, s. 8.

RECORDKEEPING REQUIREMENTS FOR LICENSED BUSINESS ENTITIES (Ontario Regulation 434/07)

1.  (1)  Every licensee that is a business entity shall keep the following records:

1. A list of all the Private Investigators and Security Guards currently employed by the licensed business entity.

2. A list of all the Private Investigators and Security Guards not currently employed by the licensed business entity but who were employed by the licensed business entity at any time in the previous two years.

3. With respect to every person named on the lists required by paragraphs 1 and 2,

i. a copy of his or her employment contract, and

ii. a record detailing the period when the person was employed and the locations where he or she provided Private Investigator or Security Guard services in the course of that employment.

4. With respect to all Private Investigator and Security Guard services provided by the licensed business entity,

i. all notes and reports prepared by the Private Investigators and Security Guards employed by the licensed business entity,

ii. all photographs and video, audio or other electronic records produced or obtained in the course of providing the services,

iii. a Use of Force Report, in the form approved by the Registrar, for every instance that a Private Investigator or Security Guard employed by the licensed business entity used handcuffs, a baton, a firearm or any other weapon or otherwise used force in the course of that employment, and

iv. a Use of Force Report, in the form approved by the Registrar, for every instance that a dog used in the provision of Private Investigator or Security Guard services attacks a person.

5. If a Private Investigator or Security Guard employed by the licensed business entity is authorized or required by the licensed business entity to carry handcuffs, a baton or a firearm in the course of his or her employment,

i. the name of each such Private Investigator and Security Guard,

ii. evidence that each Private Investigator and Security Guard named under subparagraph i has been trained in the use of handcuffs, batons or firearms, as the case may be,

iii. documentation as to the credentials of the trainer who provided the training referred to in subparagraph ii,

iv. evidence that the licensed business entity is insured against the risks associated with the use of handcuffs, batons or firearms, as appropriate, and

v. an equipment log detailing:

A. each time the licensed business entity issued handcuffs, a baton or a firearm to a Private Investigator or Security Guard and the name of the Private Investigator or Security Guard to whom they were issued,

B. the type of handcuffs, baton or firearm issued in each case detailed under sub-subparagraph A,

C. a description of the location where the handcuffs, baton or firearm were carried in each case detailed under sub-subparagraph A, and

D. for each baton issued, a threat assessment setting out the need for the Private Investigator or Security Guard to carry it.

6. If a Security Guard employed by the licensed business entity is authorized or required by the licensed business entity to be accompanied by a dog for his or her protection in the provision of Security Guard services,

i. a record of the training the dog received,

ii. evidence that the Security Guard has been trained in the use of dogs in the provision of Security Guard services,

iii. a copy of the licensed business entity’s policies and procedures on the care and handling of dogs, including policies and procedures on the dogs’ feeding, housing, transportation, veterinary care, retirement and euthanasia, and

iv. a log detailing each time that the licensed business entity issued a dog to a Security Guard for his or her protection in the provision of Security Guard services and the name of the Security Guard to whom the dog was issued. O. Reg. 434/07, s. 1 (1).

(2)  Every licensed business entity shall retain the records required by subsection (1) for two years or, if any such record is relevant to an ongoing investigation, inspection, complaint, court proceeding or administrative proceeding, until the conclusion of the matter. O. Reg. 434/07, s. 1 (2).

(3)  For the purposes of subsection (2), a court proceeding or administrative proceeding is concluded once a decision is rendered and all rights of appeal or review have expired or been exhausted. O. Reg. 434/07, s. 1 (3).