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This archived statute consolidation is current to December 5, 1994 and includes changes enacted and in force by that date. |
Assented to August 21, 1980
1. In this Act
"alarm monitor" means a security employee whose duties are, by his security employee licence, restricted to the monitoring of security alarms;
"alarm service" means a person who
(a) sells, supplies, provides, installs or offers to install security alarms, or
(b) repairs, maintains, monitors or responds to security alarms that are installed on the property of another,
but no person is an alarm service or carries on an alarm service by reason only that
(c) he sells, supplies or provides a security alarm, if he does not, as part of the transaction, visit or inspect the premises on which the security alarm is or has been or is to be installed, or
(d) he monitors a security alarm installed on the property of another, if he
(i) does so for no fee or other consideration, and
(ii) is not otherwise required to be licensed under this Act;
"armoured car service" means a person who provides the service of transporting property in an armoured vehicle and who employs for that purpose a person who is in possession of a firearm for use in connection with his employment;
"commission" means the British Columbia Police Commission continued by the Police Act;
"courier" means an individual who, on his own account or as an employee of another person, provides to members of the public the service of carrying items of value in his personal custody, but "courier" does not include an individual working in or with an armoured car that is operated by an armoured car service;
"firearm" has the same meaning as in the Criminal Code;
"inspector" means a person designated under section 26 as an inspector for the purpose of this Act;
"locksmith" means a person who
(a) makes, services, repairs, codes or recodes locks,
(b) cuts, makes, sells or otherwise provides restricted keys,
(c) cuts, makes, sells or otherwise provides keys from numerical or alphabetical codes or both,
(d) sells, services or repairs safes, vaults or strongboxes, other than common strongboxes, or
(e) is a member of a class of person designated by the Lieutenant Governor in Council as locksmiths for the purposes of this Act,
but a person is not a locksmith by reason only that he
(f) codes or recodes locks of which he is the owner, or that he has sold, or
(g) cuts, makes, sells or otherwise provides a key from a numerical or alphabetical code or both, if the key is intended for use with a lock he has sold and the key is sold or provided to the owner of the lock;
"peace officer" has the same meaning as in the Criminal Code;
"private investigator" means a person who, for hire or reward, seeks or obtains information about any of the following:
(a) crimes or offences;
(b) the activities, character or repute of a person or organization;
(c) the whereabouts of a missing person;
(d) the causes of fires, accidents and incidents;
(e) the whereabouts of missing property;
"property" means real and personal property and includes information and data;
"registrar" means a person appointed under the Public Service Act as registrar for the purpose of this Act;
"restricted key" means any key, card or other lock operating device that
(a) is stamped or marked
(i) "Master", "Do Not Copy", "Do Not Duplicate", "Restricted" or any other similar restrictive expression, or
(ii) as being the property of any association, corporation, partnership, firm or other organization, or as being the property of the federal government, or of a provincial or municipal government or a government department or agency in Canada,
(b) can be duplicated or coded only by equipment unique to that type of key, card or lock operating device, or
(c) is prescribed by the regulations to be a restricted key;
"security alarm" includes a system of security alarms and the interconnecting parts of the system but does not include a fire alarm or a smoke detector;
"security business" means the business carried on by
(a) an alarm service,
(b) an armoured car service,
(c) a locksmith,
(d) a private investigator,
(e) a security consultant, or
(f) a security patrol;
"security consultant" means a person who provides
(a) consultation and advice on methods of protecting property from vandalism, intrusion, trespass or theft, or
(b) the service of detecting electromagnetic, acoustical or other devices by which private communications or records may be intercepted, transmitted or examined;
"security employee" means
(a) an individual employed by or engaged in a security business, other than
(i) an individual exempted by regulation, or
(ii) an individual employed by an armoured car service, and
(b) a security patrol salesman;
"security patrol" means a person who, otherwise than as an alarm service, provides, conducts, supervises or inspects a guard patrol or watch of property or a service of responding to a security alarm;
"security patrol salesman" means a person who sells or offers to sell the services of a security patrol.
Historical Note(s): 1980-45-1; 1986-16-37, effective July 18, 1986 (B.C. Reg. 170/86).
2. Sections 3 and 10 do not apply
(a) to the Canadian Corps of Commissionaires or its employees acting in the performance of their duties,
(b) to peace officers acting in the performance of their duties,
(c) to employees of Her Majesty acting in the performance of their duties,
(d) to savings institutions in respect of the use by their customers of safes or vaults belonging to the savings institutions,
(e) to an insurance adjuster, licensed under the Financial Institutions Act, in respect of the activities authorized by his licence,
(f) to a person who
(i) is employed by an employer solely in a business or undertaking that is not a security business, and
(ii) carries out only for his employer any of the activities regulated by this Act,
(g) to a person registered under the Credit Reporting Act in respect of activities regulated by that Act,
(h) to a person who obtains or furnishes information about the financial rating or standing of persons but who does not carry out any other business of the kind carried out by a private investigator,
(i) a reporter or journalist in respect of his work as such,
(j) to barristers or solicitors in the practice of their profession,
(k) to prescribed classes of persons, or
(l) in prescribed circumstances.
Historical Note(s): 1980-45-2; 1989-47-390.
3. (1) No person shall carry on or in any way hold himself out as carrying on a security business unless
(a) he holds a valid security business licence issued to him by the registrar, and
(b) where the person is an individual referred to in section 10 (3), he also holds a security employee licence under section 10.
(2) Application for a licence or renewal of a licence shall be made to the registrar.
(3) Where the registrar issues a security business licence, he may endorse on it conditions requiring that
(a) the security business be carried on only at or from an address specified in the licence, and
(b) the security business be confined to an activity or aspect of a security business specified in the licence.
(4) The registrar may issue more than one security business licence to a person.
(4.1) Notwithstanding subsection (4), the registrar shall not issue more than one security business licence to a person if that person would then hold licences to carry on both the business of a locksmith and the business of either
(a) a private investigator, or
(b) a security patrol,
but this subsection does not apply where the person has held such a combination of licences without interruption since July 31, 1981.
(4.2) For the purpose of subsection (4.1) there is an interruption where, by reason of the suspension, cancellation, surrender or expiry of a security business licence to carry on the business of a locksmith, a person was not, for a period of 30 days or more, licensed to carry on that business.
(4.3) Where a person holds security business licences to carry on the business both of a locksmith and the business of either
(a) a private investigator, or
(b) a security patrol,
the registrar may impose on the licensee conditions he considers appropriate.
(5) A security business licence expires, subject to earlier suspension or cancellation under this Act, on the expiry date specified in it, and the registrar
(a) may, in the case of a new licence, specify any expiry date that is within 18 months from the day the licence is issued, and
(b) shall, in the case of a renewal licence, specify an expiry date that is 12 months after the day the previous licence expired.
(6) A security business licence is not transferable.
(7) The registrar may, where a security business is to be carried on from more than one address, issue a duplicate security business licence for each address.
Historical Note(s): 1980-45-3; 1986-16-38, effective July 18, 1986 (B.C. Reg. 170/86).
4. (1) An applicant for a security business licence to carry on an armoured car service shall file with the registrar particulars required by the registrar of all persons to be employed by the armoured car service.
(2) A security business licensed as an armoured car service and its employees may, when authorized by the registrar in writing, temporarily guard premises to or from which it transports property, valuables or money, without obtaining additional licences under this Act.
Historical Note(s): 1980-45-4.
5. (1) No person licensed under this Act shall
(a) act as a collector, collection agent or bailiff, or
(b) without the consent of the registrar, act as a peace officer.
(2) In this section "collector" and "collection agent" have the meanings given to them by the Debt Collection Act.
Historical Note(s): 1980-45-5; 1986-16-39, effective July 18, 1986 (B.C. Reg. 170/86).
6. A corporation applying for a security business licence shall, in addition to any other disclosure required under this Act, file with the registrar a statement disclosing
(a) the name of every director and of every senior officer, as defined in the Company Act, of the corporation,
(b) the name of every person who holds shares of the corporation carrying more than 30% of the votes for the election of directors and whether the shares are held beneficially or in trust,
(c) where a person whose name is disclosed under paragraph (b) holds the shares in trust, the name of the person for whom they are held beneficially,
(d) where a person whose name is disclosed under paragraph (b) or (c) is a corporation, the same information about the corporation as is required about the corporation filing the application for a licence, and
(e) other information the registrar requires to enable him to identify the individuals who control or are able to control the corporation.
Historical Note(s): 1980-45-6.
7. Where an individual licensed under section 3 dies, the registrar may, notwithstanding that section, issue to his executor or the administrator of his estate a temporary security business licence to continue the activity permitted by the deceased's licence, for a period not exceeding in the first instance 90 days after the date of death and after that, where the executor or administrator satisfies the registrar that an extension is necessary, for further periods not exceeding 90 days each.
Historical Note(s): 1980-45-7.
8. (1) In this section and in section 14 "crime" means
(a) an indictable offence under an Act of Canada, and
(b) an offence, under an Act of Canada or of a province, that is
(i) punishable only on summary conviction, and
(ii) prescribed by the Lieutenant Governor in Council to be a crime for the purpose of this section.
(2) A person holding a security business licence shall within 14 days of the occurrence report
(a) changes of his residential or business address,
(b) changes in ownership or management of the security business,
(c) changes of persons employed in the security business,
(d) every charge laid against him for a crime,
(e) his every conviction for a crime, and
(f) every charge or conviction known to him or, in the case of a corporation, known to its directors, of a person employed in or connected with his security business, for a crime,
to the registrar.
(3) Where a corporation holds a security business licence it shall, within 14 days of the occurrence and in addition to the reports required by subsection (1), report to the registrar all changes in the particulars referred to in section 6.
(4) A person holding a security employee licence shall, within 14 days of the occurrence, report
(a) changes of his residential or business address,
(b) every charge laid against him for a crime, and
(c) his every conviction for a crime,
to the registrar.
Historical Note(s): 1980-45-8.
9. (1) A person holding a security business licence shall keep the licence or a duplicate of it issued by the registrar continuously on display in a conspicuous place in every office in which he is permitted, under the licence, to carry on the business.
(2) On expiry, cancellation or suspension of a security business licence the licensee shall immediately surrender the licence and all duplicates to the registrar.
Historical Note(s): 1980-45-9; 1986-16-40, effective July 18, 1986 (B.C. Reg. 170/86).
10. (1) No person shall engage in employment as a security employee or hold himself out to be so employed unless he holds a valid security employee licence for the kind of work he will perform.
(2) No person licensed to carry on a security business shall employ a person as a security employee unless the employee holds a valid security employee licence for the kind of work he will perform.
(3) An individual who carries on a security business other than an armoured car service is for the purposes of this Act also an employee of the security business.
(4) Application for a licence or renewal of a licence shall be made to the registrar.
(5) Where the registrar issues a security employee licence he shall state in the licence the duties that the security employee may perform, and the licence shall be restricted to the kind of work that the security business employing him may carry on under its licence.
(5.1) The registrar shall not issue more than one security employee licence to a person if that person would then hold licences to engage in employment both in the business of a locksmith and in the business of either
(a) a private investigator, or
(b) a security patrol.
(5.2) Notwithstanding subsections (1), (2) and (5), where a security employee, other than an alarm monitor, is employed by an alarm service, the security employee's licence includes an authorization for that employee to monitor security alarms.
(6) A security employee licence expires, subject to earlier suspension or cancellation under this Act, on the expiry date specified in it, and the registrar
(a) may, in the case of a new licence, specify any date that is within 18 months from the day the licence is issued, and
(b) shall, in the case of a renewal licence, specify an expiry date that is 12 months after the day the previous licence expired.
Historical Note(s): 1980-45-10; 1986-16-41, effective July 18, 1986 (B.C. Reg. 170/86).
11. A security employee shall, while at work, carry on his person his licence and an identification card issued by his current employer in a form approved by the registrar and shall produce them for inspection at the request of any person to whom the licensee holds himself out to be licensed or any peace officer or inspector.
Historical Note(s): 1980-45-11.
12. (1) A security employee who ceases his employment or whose licence expires, is cancelled or is suspended shall forthwith surrender his licence and identification card to his employer, who shall forthwith deliver them to the registrar.
(2) If a security employee does not comply with this section his employer shall promptly notify the registrar in writing.
(3) Where a security employee holds a security business licence he shall, on ceasing to carry on the business, forthwith deliver his security employee licence and identification card to the registrar.
(4) Where a security employee licence is surrendered to the registrar by reason of the licensee ceasing his employment, the registrar shall, if the licence has not expired, return it to the licensee on notification that the licensee has again obtained employment as a security employee.
(5) Where a security employee's licence and identification card have been surrendered to the registrar as a result of suspension of the licence, the registrar shall return them to the employee if the suspension is lifted.
Historical Note(s): 1980-45-12.
13. Where a person residing elsewhere in Canada than the Province
(a) is employed by a private investigator licensed or registered in a jurisdiction outside the Province,
(b) on behalf of an employer or client outside the Province makes an investigation partly inside the Province and comes into the Province solely for the purpose of that investigation, and
(c) notifies the registrar of his presence in the Province and supplies the registrar with particulars of the work he proposes to undertake,
the registrar may, at his discretion, grant the person temporary exemption from the requirement to be licensed.
Historical Note(s): 1980-45-13.
13.1 (1) Sections 11 and 12 (1), (2), (4) and (5) do not apply in respect of an alarm monitor.
(2) A security employee licence issued in respect of an alarm monitor shall be delivered by the registrar to the employer of the alarm monitor.
(3) An alarm monitor is not entitled to possession or custody of his security employee licence.
(4) The employer of an alarm monitor shall conspicuously display the security employee licence of the alarm monitor at the alarm monitor's place of employment.
(5) Where an alarm monitor ceases his employment or his licence expires, is cancelled or is suspended, his employer shall deliver the alarm monitor's licence to the registrar.
(6) Where a security employee licence, issued in respect of an alarm monitor, is surrendered to the registrar by reason of the licensee ceasing his employment, the registrar shall, if the licence has not expired, send or deliver it to the new employer on notification that the licensee has again obtained employment as an alarm monitor.
(7) Where an alarm monitor's licence has been surrendered to the registrar as a result of suspension of the licence, the registrar shall return it to the employer if the suspension is lifted.
Historical Note(s): 1986-16-42, effective July 18, 1986 (B.C. Reg. 170/86).
13.2 (1) Subject to the regulations, the registrar may, on application, issue a temporary licence to a person who has secured an offer of employment from a licensed security business.
(2) The term of a temporary licence issued under subsection (1) shall not exceed 30 days.
Historical Note(s): 1992-49-1.
14. (1) The registrar may, whether or not he holds a hearing, refuse to issue or renew a licence, or may suspend or cancel a licence, where
(a) he considers that the applicant's or licensee's education, training, experience, skill, mental condition, character or repute makes it undesirable that he be licensed,
(a.1) he considers that it is not in the public interest that the applicant or licensee be licensed,
(b) he is satisfied that a licensee has done anything that
(i) would have justified refusal to issue a licence to him,
(ii) is contrary to this Act or the regulations, or
(iii) is contrary to a condition of the licence,
(c) the applicant or licensee is convicted of a crime referred to in section 8, or
(d) the applicant is a peace officer.
(2) Where a person is charged with a crime referred to in section 8, the registrar may, while the charge is pending and whether or not he holds a hearing, suspend that person's licence, refuse to renew his licence or refuse to issue a licence to him.
(3) For the purpose of this section, where the applicant or licensee is a corporation, the registrar may treat anything done by
(a) a person about whom disclosure is required by section 6, or
(b) an individual who the registrar considers has power to control the corporation
as an act of the corporation, and may suspend, cancel or refuse to issue or to renew a licence of or to the corporation in any circumstance where he would have done so if the person referred to in paragraph (a) or (b) had been the applicant or the licensee.
Historical Note(s): 1980-45-14; 1986-16-43, effective July 18, 1986 (B.C. Reg. 170/86).
15. To assist the registrar to decide whether to issue, renew, suspend or cancel a licence, or whether to refuse to issue or refuse to renew it, the commissioner of the Provincial police force or a chief constable shall, on request by the registrar, have the background of the applicant or licensee investigated and report the results of the investigation to the registrar.
Historical Note(s): 1980-45-15.
16. Where the registrar suspends, cancels or refuses to issue or renew a licence he shall give his reasons in writing to the licensee or applicant and advise the licensee or applicant of the provisions of section 17.
Historical Note(s): 1980-45-16.
17. (1) A person
(a) whose application for a licence or a renewal of a licence is refused, or
(b) whose licence is cancelled or suspended
may, by written notice to the registrar and the commission, and on payment of a prescribed deposit, appeal to the commission in accordance with the regulations, and for this purpose the commission has the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(2) The deposit shall,
(a) if the commission allows the appeal, or
(b) if the applicant, within 10 days after giving notice of appeal, gives notice to the commission that he abandons his appeal,
be returned to the applicant but otherwise shall be forfeited and paid into the consolidated revenue fund.
Historical Note(s): 1980-45-17.
18. (1) The registrar shall, on receipt of the notice under section 17, submit to the commission a certified copy of
(a) his direction, decision, order or ruling and his reasons, and
(b) all written submissions received by him or other materials in his possession that are relevant to the appeal.
(2) In an appeal, the commission's powers may be exercised by a single commissioner authorized in writing by the chairman of the commission.
(3) The commission shall consider the appeal as if it were a new application for a licence and may substitute its opinion for that of the registrar.
(4) The commission, in considering the appeal, shall permit representations from the appellant and may hear representations from the registrar and any other person.
(5) Where an appeal is against a suspension or cancellation of a licence, the commission may, subject to conditions it considers suitable, lift the suspension or restore the licence until the commission has disposed of the appeal.
(6) Where the commission decides that a licence shall be issued or renewed, the registrar shall issue or renew the licence, subject to any conditions the commission directs.
Historical Note(s): 1980-45-18; 1986-16-44, effective July 18, 1986 (B.C. Reg. 170/86).
19. Where an appellant fails to appear before the commission at the time set by it for hearing an appeal the commission may dispose of the appeal as it thinks fit.
Historical Note(s): 1980-45-19.
20. (1) For the purpose of ensuring compliance with this Act and the regulations, the registrar or a person authorized in writing by the registrar may conduct an inspection under this section and may, for that purpose,
(a) require any person who has possession of or control over any of the records or things of a security business to produce records and things that may be relevant to the inspection, including all records and things touching on any of the matters referred to in section 14, and
(b) inspect and remove any of the records and things produced under paragraph (a) that are relevant to the inspection for the purpose of making copies or extracts.
(2) A person conducting an inspection under the authority of this section
(a) may attend at the business premises of a security business during business hours for the purposes of requesting the production of or inspecting any records or things relevant to the inspection,
(b) shall carry identification in the prescribed form, and
(c) shall present the identification to the owner or occupant of the premises.
(3) Where a person conducting an inspection removes any records or things under subsection (1) (b), that person shall give a receipt for them to the person from whom they are taken.
(4) A person conducting an inspection may request the production of all records of the security business that may be relevant to the inspection, including, without limitation,
(a) accounting books,
(b) cash,
(c) bank account records,
(d) vouchers,
(e) correspondence,
(f) contracts entered into with clients,
(g) sample client contracts,
(h) advertising contracts and related records and material,
(i) bonding and insurance records and contracts,
(j) records relating to the training provided to employees, and
(k) records in respect of employees that touch on any of the matters referred to in section 14.
(5) No person shall obstruct a person conducting an inspection under this section or withhold, destroy, conceal or refuse to produce any information, record or thing that is required by the person conducting the inspection or is otherwise relevant to any of the matters in respect of which the inspection may be conducted.
Historical Note(s): 1992-49-2.
20.1 (1) A justice may, in respect of an inspection under section 20, issue a warrant authorizing the person named in the warrant and, where appropriate, any peace officer that the person may call on for assistance under subsection (8) to do one or more of the following:
(a) to enter the business premises of the security business being inspected for the purpose of searching for, inspecting and removing any records and things relevant to the inspection;
(b) to enter any other premises, including a room actually used as a dwelling, for the purpose of searching for, inspecting and removing any records and things relevant to the inspection;
(c) to enter onto any other property or to search any thing for the purpose of searching for, inspecting and removing any records and things relevant to the inspection.
(2) A warrant may be issued under subsection (1) if the justice is satisfied on information under oath that,
(a) in the case of a warrant to be issued under subsection (1) (a), there are reasonable grounds to believe that a person who has possession of or control over any of the records or things of a security business has not produced or will refuse to produce one or more of those records and things that are relevant to the inspection to a person duly authorized to conduct an inspection under section 20 (1), or
(b) in the case of a warrant to be issued under subsection (1) (b) or (c), there are reasonable grounds to believe that
(i) an offence under section 27 (1) has been committed, and
(ii) there is on or in the premises, the property or the thing to be searched, as the case may be, a record or thing that will provide evidence of the commission of the offence.
(3) A warrant issued under this section shall specify the hours and days during which it may be executed.
(4) Unless renewed, a warrant issued under this section expires not later than 30 days after the date on which it is made.
(5) An application for the issue or renewal of a warrant under this section may be made without notice.
(6) A warrant issued under this section may be renewed for any reason for which it may be issued.
(7) A person carrying out an inspection under this section may call on such experts as are reasonably necessary to assist the person in carrying out the inspection.
(8) A person doing anything under the authority of a warrant issued under this section may, whether or not the warrant expressly authorizes a peace officer to assist the person, call on peace officers to assist if necessary in the execution of the warrant.
Historical Note(s): 1992-49-2.
20.2 (1) A person conducting an inspection under section 20 or 20.1 who removes any records or things may make copies of, take extracts from or otherwise record them and shall return them within a reasonable time.
(2) Copies of or extracts from records or things removed under section 20 or 20.1 that are certified by the person who made them as being true copies of or extracts from the originals are admissible in evidence to the same extent, and have the same evidentiary value, as the original records or things.
Historical Note(s): 1992-49-2.
21. (1) No person licensed under this Act shall carry a firearm in the course of the business or employment authorized by the licence.
(2) No courier shall carry a firearm in the course of his business or employment.
(3) Subsection (1) does not apply to an individual carrying on business as an armoured car service, but the registrar, if satisfied that it is necessary in the public interest may impose, as a condition of the security business licence held by an armoured car service, conditions and restrictions regarding the carrying of firearms by persons engaged in the armoured car service.
(4) No armoured car service shall employ a person who is to carry a firearm in the course of his employment unless that employee
(a) is competent in its use,
(b) complies with any conditions imposed under subsection (3), and
(c) possesses every licence or permit relating to the firearm required by law.
Historical Note(s): 1980-45-21.
21.1 (1) In this section "authorized person" means a person who
(a) holds a valid security business licence authorizing him to carry on the business of a locksmith,
(b) holds a valid security employee licence and is employed as a locksmith by a person referred to in paragraph (a),
(c) is a locksmith who is exempt from sections 3 and 10 by virtue of section 2 (f),
(d) is designated by the regulations as an authorized person for the purposes of this section, or
(e) is authorized in writing by the registrar to do a thing that this section otherwise prohibits.
(2) In giving an authorization under subsection (1) (e), the registrar may impose conditions he considers appropriate, and the registrar may, where he considers it appropriate, cancel an authorization he has given.
(3) No person shall cut or make a restricted key, or transfer possession of, lend or otherwise provide a restricted key to another person unless the person cutting, making, transferring, lending or providing the key is
(a) an authorized person, or
(b) the owner of the lock that is to be operated by the key or is an employee of the owner of the lock that is to be operated by the key and is acting with the authority of the owner.
(4) No person, other than an authorized person, shall have in his possession
(a) a key, pick, rocker key or vibrating pick tool, or
(b) any instrument
that is designed or adapted to open a lock without using the proper key or combination or to bypass a lock.
Historical Note(s): 1986-16-45, effective July 18, 1986 (B.C. Reg. 170/86).
22. No person engaged in a security business shall, to describe or identify his business or services use the word "detective", "law enforcement", "peace officer" or "police", either alone or in conjunction with other words.
Historical Note(s): 1980-45-22.
23. (1) A certificate signed by the registrar as to
(a) the fact of whether a licence has been issued, renewed, cancelled or suspended, or
(b) the contents of a document in his records
is proof of the fact or of the existence of the document and its contents, without proof of the signature or official character of the person appearing to have signed the certificate.
(2) A document under this Act, purporting to be signed by the registrar, or a certified copy of it, is evidence without proof of the office or signature of the registrar.
Historical Note(s): 1980-45-23.
24. No person, including the commission, shall disclose or be compelled to disclose any information or record that is required to be filed under this Act or that is obtained in the course of an inspection authorized by or under this Act unless
(a) the disclosure is necessary in the administration of this Act, or
(b) the disclosure is required in a court proceeding.
Historical Note(s): 1992-49-3.
25. (1) The Lieutenant Governor in Council may establish a board, to be known as the Private Investigators and Security Agencies Advisory Board, consisting of not more than 5 members including one member who is not connected with or has been a member of a security business, and the registrar who shall act as chairman.
(2) All members of the board other than the registrar shall be appointed by the Lieutenant Governor in Council.
(3) It is the function of the board
(a) through the registrar, to advise the minister on matters that relate to this Act or that are referred to it by the minister,
(b) to advise the registrar on policies, procedures and practices in administering this Act,
(c) to consult with, inform and advise the private security industry about minimum standards and codes of ethics that should be adopted in the public interest, and
(d) to make recommendations to the registrar on the training to be undertaken by applicants for licences and by licensees including, without limitation, recommendations on the nature, location, duration or course content of the required training.
(4) A member of the board shall be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred by him in discharging his duties, and in addition may be paid remuneration for his services as a member of the board that the Lieutenant Governor in Council determines.
(5) Subject to direction from the minister, the board shall regulate its own procedure.
Historical Note(s): 1980-45-25; 1992-49-4.
26. (1) [Repealed 1992-49-5.]
(2) The Lieutenant Governor in Council may make regulations, and, without limitation, may make regulations
(a) and (b) [Repealed 1992-49-5.]
(c) respecting forms of application and licences,
(d) prescribing keys to be restricted keys,
(e) regulating the cutting of keys,
(f) defining common strongboxes,
(g) requiring a licensee to be insured and specifying the kinds and amounts of insurance to be taken out,
(h) requiring that bonds be provided by security businesses or security employees and specifying the kinds of bond and their amounts,
(i) respecting the carrying and use of equipment and weapons and the wearing of uniforms, badges and insignia,
(j) respecting the equipment, insignia and appearance of vehicles used,
(k) respecting the training and use of guard dogs,
(l) respecting the installation of alarms,
(m) respecting the keeping of books and records by security businesses,
(n) respecting advertising by security businesses,
(o) respecting the types of licences that may be issued under this Act, the nature and extent of the services that may be provided under each type of licence and the terms and conditions of each type of licence,
(p) establishing for each type of licence the qualifications that must be held by an applicant for that type of licence, including, without limitation,
(i) the training standards that must be met by an applicant, and
(ii) where the applicant for a security business licence is a corporation, the personal standing and qualifications that must be held by the corporation's members, officers and employees,
(q) providing, with respect to licences, for
(i) the information to be disclosed by applicants, and
(ii) licence fees, including fees calculated by reference to the term of a new licence, and
(r) providing that specified classes of employees of security businesses are not security employees.
(3) A fee prescribed under subsection (2) (q) may include a fee to cover the expenses of an investigation, under section 15, of an applicant for a licence.
(4) The minister may, for the purposes of this Act, designate persons, who need not be public servants, as inspectors.
Historical Note(s): 1980-45-26; 1986-16-46, effective July 18, 1986 (B.C. Reg. 170/86); 1992-49-5.
27. (1) A person who
(a) contravenes a provision of section 3, 5, 8, 9, 10, 11, 12, 13, 13.1 (4), 20 (5), 21, 21.1, 22, or 24,
(b) displays, at a place where he carries on business, a security business licence issued to another person,
(c) uses a security employee identification card or licence issued to another person,
(d) for the purpose of obtaining a licence under this Act,
(i) knowingly makes a statement, orally or in writing, that is false or misleading, or
(ii) knowingly fails to disclose any information that is relevant to his application for a licence,
(e) obstructs the registrar or an inspector acting under section 20, or
(f) fails to keep prescribed records
commits an offence.
(2) A person who commits an offence under subsection (1) is liable,
(a) in the case of a corporation, to a fine of not more than $10 000, or
(b) in the case of an individual, to a fine of not more than $5 000 or one year's imprisonment, or to both.
(3) Where a corporation commits an offence under subsection (1), every director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits an offence and is liable to a fine of not more than $5 000 or one year's imprisonment or to both.
(4) No charge shall, for an offence under this section, be laid more than one year after the commission of the offence.
Historical Note(s): 1980-45-27; 1986-16-47, effective July 18, 1986 (B.C. Reg. 170/86); 1992-49-6.
[Editorial Note(s): Section 4 and (a) to (c) and (e) of definition "security business" in section 1 proclaimed in force May 1, 1981, remainder of Act proclaimed in force January 9, 1981, B.C. Reg. 2/81, Part II Gazette Vol. 24, p. 2.]
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