Definitions

1   (1) In this regulation:

"Act" means Security Services Act;

"armoured vehicle" means a motor vehicle constructed or adapted

(a) to protect its occupants from forced entry, and

(b) to protect its occupants from firearms that, at a minimum, have a muzzle velocity of 1 280 feet per second and a muzzle energy of 475 foot pounds;

"common strongbox" means any vault or safe that has a steel door thickness not exceeding 3.81 cm and a steel body thickness not exceeding 2.54 cm;

"flashing light" means any device that

(a) is designed to emit or reflect light intermittently, or

(b) simulates the appearance of lights used as emergency equipment on an emergency vehicle;

"former Act" means the Private Investigators and Security Agencies Act, R.S.B.C. 1996, c. 374;

"licensee" means a person licensed under the Act;

"logo" means any marking, design, crest or writing, whether or not a registered trade mark, that is used by a licensee to identify a security business.

(1.1) In the Act and this regulation, "establishment licensed under the Liquor Control and Licensing Act" includes an event site referred to in an authorization or a special event permit under the Liquor Control and Licensing Act.

(2) For the purposes of paragraph (b) of the definition of "crime" in the Act, an offence under any of the following Acts that is punishable only on summary conviction is a crime:

(a) the Controlled Drugs and Substances Act (Canada);

(b) the Criminal Code;

(c) the Youth Criminal Justice Act (Canada).

[am. B.C. Reg. 291/2016, Sch. 2, s. 12.]

Exemptions

2   (1) The following persons are exempt from the requirement in section 2 of the Act to hold a security worker licence:

(a) employees of

(i) the government,

(ii) a local authority, or

(iii) the government of Canada

acting in the performance of their duties;

(b) a government corporation as defined in section 1 of the Financial Administration Act, but not including

(i) a regional health board designated under section 4 of the Health Authorities Act,

(ii) a university or an institution as defined in the College and Institute Act, or

(iii) the BC Pavilion Corporation;

(c) individuals who are employed to provide the services of a locksmith, security alarm service or security consultant to a business entity that does not hold a security business licence, but only in respect of that employment;

(d) persons who engage in security work for no consideration, other than persons who provide door security at an establishment licensed under the Liquor Control and Licensing Act, but only in respect of that engagement.

(2) The following persons are exempt from the requirement in section 2 of the Act to hold a security worker licence and the requirement in section 11 of the Act to hold a security business licence:

(a) peace officers acting in the performance of their duties;

(b) savings institutions in respect of the use by their customers of safes or vaults belonging to the savings institutions;

(c) insurance adjusters, licensed under the Financial Institutions Act, in respect of the activities authorized by their licences;

(d) reporting agencies as defined in the Business Practices and Consumer Protection Act in respect of activities regulated by Part 6 of that Act;

(e) collector as defined in the Business Practices and Consumer Protection Act in respect of activities regulated by Part 7 of that Act;

(f) persons who obtain or provide information about the financial rating or standing of persons but who do not carry out any other kind of security work;

(g) reporters or journalists in respect of their work as reporters or journalists;

(h) barristers or solicitors in the practice of their profession;

(i) persons who provide advice on methods of protecting electronic data or database systems but who do not carry out any other kind of security work;

(j) persons who

(i) service or repair locking devices that they have sold, without attending at the premises where the locking devices will be installed,

(ii) sell common strongboxes, or

(iii) are wholesalers who sell or otherwise supply restricted keys to retailers, locksmiths or general contractors

but who do not carry out any other kind of security work;

(k) electricians and electricians' apprentices who provide wiring services for the installation of security alarms but who do not carry out any other kind of security work;

(l) persons who

(i) engage in work as a security guard service at a gaming facility within the meaning of the Gaming Control Act,

(ii) are registered gaming workers under the Gaming Control Act, and

(iii) have successfully completed the Gaming Security Officer course provided by the Justice Institute of British Columbia or by a person approved by the Justice Institute of British Columbia to provide the course,

but only in respect of that engagement;

(m) persons who engage in work that consists primarily of the obtaining of information for employers on the qualifications and suitability of persons to be employees of those employers, but only in respect of that engagement;

(n) professional engineers and professional licensees engineering, registered under the Professional Governance Act, in the practice of professional engineering as defined in that Act.

(3) An applicant applying for a security worker licence of the type described in item 3, 7 or 8 of the table in section 15 (4) is exempt from the requirement in section 3 (2) (b) of the Act to be at least 19 years of age if the applicant is at least 16 years of age.

(4) Crown corporations are exempt from the requirement in section 11 of the Act to hold a security business licence.

(5) The following persons are exempt from section 25 (3) of the Act:

(a) a person who manufactures restricted keys;

(b) a contractor of, and acting with the authority of, the owner of a locking device that is to be operated by a restricted key;

(c) a person employed by a licensed dealer under the Motor Dealer Act, but only with respect to restricted keys for locking devices designed to secure a point of access on a motor vehicle.

(6) Wholesalers who sell, distribute or supply locksmith's instruments to locksmiths are exempt from section 25 (4) of the Act.

[am. B.C. Regs. 101/2009, s. 1; 11/2021, App. 3, s. 19; 32/2023, Sch. B, s. 15.]

Qualifications for a licence

3   (1) In this section, "table" means the table in section 15 (4).

(2) Subject to subsection (3), an applicant is qualified for a security business licence or a renewal of a security business licence if the applicant

(a) holds a security worker licence to carry on the kind of security work that the security business intends to carry on or continue carrying on, or

(b) employs an individual who holds a security worker licence of the type referred to in paragraph (a).

(3) An applicant is qualified for a security business licence of the type described in item 4 of the table or for a renewal of that type of security business licence if the applicant

(a) has a manager who holds a security worker licence of the type described in item 4 of the table, if the applicant is a business entity, or

(b) holds a security worker licence of the type described in item 4 of the table, if the applicant is an individual.

(4) An applicant is qualified for a security worker licence of the type described in item 1 of the table if the applicant

(a) has sufficient fluency in the English language to be able to converse in English with the public while carrying out a security worker's duties, and

(b) either

(i) has successfully completed a course on the use of force and firearms proficiency that is designed for armoured car guards and provided by the Justice Institute of British Columbia or a person approved by the Justice Institute of British Columbia to provide the course, or

(ii) demonstrates, to the satisfaction of the registrar, that the applicant has experience or training equivalent to the training referred to in subparagraph (i).

(5) An applicant is qualified for a security worker licence of the type described in item 2 of the table if the applicant

(a) has been awarded a Locksmith certificate of qualification under the Skilled Trades BC Act, or

(b) demonstrates to the satisfaction of the registrar that the applicant has experience or training equivalent to that evidenced by the credential referred to in paragraph (a).

(6) An applicant is qualified for a security worker licence of the type described in item 4 of the table if the applicant

(a) has sufficient fluency in the English language to be able to converse in English with the public while carrying out a security worker's duties, and

(b) either

(i) has both

(A) two years experience or more working as or providing the services of a private investigator, and

(B) successfully completed courses in evidence gathering and presentation and in the aspects of criminal and civil law that are relevant to the work of a private investigator, or

(ii) demonstrates to the satisfaction of the registrar that the applicant has experience equivalent to the experience and training referred to in subparagraph (i).

(7) An applicant is qualified for a security worker licence of the type described in item 6 of the table if the applicant

(a) has been awarded a Security Alarm Installer certificate of qualification under the Skilled Trades BC Act, or

(b) demonstrates to the satisfaction of the registrar that the applicant has experience or training equivalent to that evidenced by the credential referred to in paragraph (a).

(8) An applicant is qualified for a security worker licence of the type described in item 8 or 9 of the table if the applicant has sufficient fluency in the English language to converse with members of the public while carrying out a security worker's duties.

(9) An applicant is qualified for a security worker licence of the type described in item 11 of the table if the applicant

(a) has at least two years experience working as or providing the services of a security consultant, or

(b) demonstrates, to the satisfaction of the registrar, that the applicant has experience or training equivalent to the experience referred to in paragraph (a).

(10) An applicant is qualified for a security worker licence of the type described in item 12 of the table if the applicant

(a) has sufficient fluency in the English language to converse with members of the public while carrying out a security worker's duties, and

(b) either

(i) has successfully completed a training program consisting of both of the following courses provided by the Justice Institute of British Columbia or by a person approved by the Justice Institute of British Columbia to provide the courses:

(A) the Basic Standards Training Course — Level 1;

(B) the Basic Standards Training Course — Level 2, or

(ii) demonstrates, to the satisfaction of the registrar, that the applicant has training equivalent to the training referred to in subparagraph (i).

(11) An applicant is qualified for a security worker licence of the type described in item 13 of the table if the applicant

(a) has sufficient fluency in the English language to converse with members of the public while carrying out a security worker's duties, and

(b) has not previously held that type of licence.

(12) An applicant is qualified for a security worker licence of the type described in section 15 (3) if the applicant is qualified for each of the types of licences combined in that licence.

[am. B.C. Regs. 101/2009, s. 2; 64/2021, ss. 2 and 3; 253/2022, s. 15.]

Information to be disclosed by applicants

4   (1) An individual applicant for a licence must provide the registrar with the following information:

(a) particulars respecting the applicant's identity and location, including name, date and place of birth, gender, fingerprints, citizenship or residence status, address, telephone number and email address;

(b) particulars respecting the applicant's physical appearance, including hair colour, eye colour, weight and height;

(c) a recent photograph of the applicant;

(d) particulars respecting any criminal charges and convictions against the applicant;

(e) particulars of any mental condition for which the applicant has received treatment;

(f) particulars respecting, in relation to the applicant's qualifications to hold the licence applied for, the applicant's education, training and experience;

(g) whether the applicant is a peace officer;

(h) whether the applicant holds or has previously held a security business or worker licence under this Act or the former Act.

(2) A business entity applicant for a licence must provide the registrar with

(a) the business entity name, address, telephone number and email address,

(b) copies of registration documents,

(c) the information required under subsection (1) (a), (d), (e), (g) and (h) with respect to its manager and any person about whom a disclosure is required to be made by the business entity under section 13 of the Act, and

(d) the information required under subsection (1) (d) and (h) with respect to the applicant.

(3) An applicant for a security business licence must provide the registrar with, in addition to the information referred to in subsection (1) and (2), whichever is applicable, the following information:

(a) addresses of locations from which the security business will be carried on;

(b) particulars of insurance;

(c) letters of reference;

(d) drawings or photos of any uniforms, insignia, logos, vehicle markings and advertising used or to be used by the applicant;

(e) if the application is for a security business licence of the type described in item 1 of the table in section 15 (4),

(i) proof of possession of an armoured vehicle, and

(ii) proof of possession of a safety certificate issued under section 37.04 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58.

Prescribed checks

5   The following are prescribed for the purposes of section 3 (3) (b) of the Act:

(a) a criminal record check;

(b) a police information check;

(c) a correctional service information check.

Maximum term of licences

6   (1) Subject to subsection (2), the prescribed length of time for the purposes of sections 5 (1) and 16 (1) of the Act is 3 years.

(2) The prescribed length of time for the purposes of section 5 (1) of the Act with respect to a security worker licence of the type described in item 13 of the table in section 15 (4) of this regulation is 90 days.

Records

7   (1) The following books and records are prescribed for the purposes of section 21 (a) of the Act:

(a) the name and address of

(i) a person who requests the licensee to make or duplicate a restricted key, and

(ii) if the person referred to in subparagraph (i) is not the owner of the restricted key, the owner of the restricted key;

(b) records concerning each security worker licensee employed or engaged by the licensee, including

(i) name, date of birth and address,

(ii) security worker licence number,

(iii) payroll records,

(iv) dates and hours of work, and

(v) type of security work engaged in during each shift;

(c) accounting records;

(d) client contracts;

(e) advertising contracts and advertising;

(f) insurance records and contracts;

(g) use-of-force reports, detailing incidents when

(i) a security worker licensee employed or engaged by the licensee and engaged in security work used any type of force against another person, including, without limitation, incidents when a restraining device, firearm or other weapon was used, and

(ii) a dog used by the licensee for security work attacked a person.

(h) if the security business licence authorizes the sale of body armour, in respect of each sale of body armour,

(i) the full name, residential address and telephone number of the purchaser,

(ii) if the purchaser has a body armour permit, the permit number,

(iii) if the purchaser is exempt from the requirement to hold a body armour permit,

(A) under section 2 (3) (a) or (b) of the Body Armour Control Act and section 2 (1) of the Body Armour Control Regulation, the person's security worker licence number or security business licence number, as applicable,

(B) under section 2 (2) (a) of the Body Armour Control Regulation, the name and address of the employer and the peace officer's badge number,

(C) under section 2 (2) (b) of the Body Armour Control Regulation, the name and address of the employer, the person's employee number and the signed statement of the person's employer, or a person on behalf of the employer, that the person is required or authorized to wear body armour in the course of their employment, or a copy of that statement,

(D) under section 2 (2) (c) of the Body Armour Control Regulation, the name and address of the employer and the card number of the official gaming worker identification card issued to the purchaser under the Gaming Control Act, or

(E) under section 2 (2) (d) of the Body Armour Control Regulation, the licence number of the licence issued to the purchaser under the Firearms Act (Canada), or

(F) under section 3 of the Body Armour Control Regulation, a copy of the written evidence referred to in section 3 (6) of that regulation, and

(iv) a statement that the purchaser showed the vendor identification that displayed a photograph of the purchaser.

(2) Books and records referred to in subsection (1) must be retained for at least 2 calendar years.

(3) The documents referred to in subsection (1) (h) (iii) (C), (D) and (E) may be accepted by the vendor without proof of the signature or official character of the person appearing to have signed the document.

[am. B.C. Reg. 203/2010, Sch. 1, s. 1.]

Insurance

8   A security business licensee must carry and maintain general liability insurance in an amount not less than $1 000 000.

Advertising

9   (1) A licensee must not publish or cause to be published any advertisement or notice

(a) depicting or extolling violence against persons or property,

(b) depicting or implying that a security business is associated with a police force or its duties, or

(c) promoting hatred or intolerance of a person or class of persons.

(2) A licensee must not use a logo or insignia that

(a) resembles a logo or insignia used by police officers, or

(b) promotes hatred or intolerance of a person or class of persons.

Vehicles

10   (1) A person must not operate or cause to be operated for the purposes of security work a vehicle that does not comply with this section.

(2) A vehicle operated for the purposes of security work must not

(a) be equipped with a siren,

(b) subject to subsection (3), be equipped with a flashing light other than turn signals and hazard warning flashers that are installed by the manufacturer as standard equipment,

(c) be equipped with a roof-mounted light bar or interior mounted light that resembles those used on police or other emergency vehicles, or

(d) have markings that by design or colour cause the vehicle to resemble a police or other emergency vehicle.

(3) A vehicle may be equipped with flashing lights otherwise prohibited by subsection (2) (b) with the written approval of

(a) the director of Commercial Vehicle Safety under section 4.28 (1) (b) of the Motor Vehicle Act Regulations, and

(b) the registrar.

(4) A vehicle operated for the purposes of a security guard service must display

(a) the word "SECURITY" on both sides of the exterior of the vehicle in letters not less than 7.5 cm high, and

(b) the name and telephone number of the person that has employed or engaged the security guard service on the front, back or side of the vehicle.

(5) Despite subsection (4), a vehicle operated for the purposes of a security guard service may be unmarked if

(a) the customer being served by the licensee requests in writing that an unmarked vehicle be used and a copy of that request has been filed with the registrar, and

(b) the registrar approves the use of the unmarked car.

Equipment

11   (1) Subject to subsection (2), a security worker licensee must not carry or use while engaged in security work, and a person must not cause a security worker licensee to carry or use while engaged in security work, any of the following:

(a) a restraining device;

(b) any weapon, ammunition or device prohibited by the Criminal Code;

(c) any other item designed for debilitating or controlling a person or animal.

(2) The registrar may authorize, on any conditions the registrar considers appropriate, a security worker licensee to carry and use the equipment referred to in subsection (1) (a).

(3) A security worker licensee must surrender any equipment referred to in subsection (1) to an inspector on request.

Uniforms

12   (1) A person must not wear or cause to be worn a uniform that does not comply with this section.

(2) A uniform worn by a security worker licensee who is providing a security guard service must display

(a) on the chest of the shirt, blouse or sweater the word "SECURITY" in letters not less than 1.25 cm high,

(b) on the back of the jacket, vest or other outer garment, if any of those are worn, the word "SECURITY" in letters not less than 5 cm high, and

(c) the name of the person who has employed or engaged the licensee.

(3) A security worker licensee must not, while engaged in security work,

(a) wear a uniform that resembles a uniform used by police officers,

(b) carry or use an identification badge, or

(c) wear an equipment belt consisting of an over-the-shoulder strap linked to a waist belt.

(4) A security worker licensee must not wear a uniform while engaged in the work of a private investigator.

(5) A security worker licensee who is providing an armoured car guard service must wear a uniform that displays the name of the person who has employed or engaged the licensee.

Dogs

13   (1) A person must not use or cause to be used a dog for the purposes of security work, unless the use is authorized under subsections (2) and (3) and is in compliance with this section.

(2) The registrar may authorize, on any conditions the registrar considers appropriate, a security business licensee to use dogs for the purposes set out in subsection (4) while carrying on a security guard service business, if the registrar is satisfied that the dogs have been trained

(a) for that kind of security work, and

(b) to obey the commands of the security workers who will be using the dogs.

(3) The registrar may authorize, on any conditions the registrar considers appropriate, a security worker licensee to use a dog for the purposes set out in subsection (4) while engaged in providing a security guard service, if the registrar is satisfied that the individual is competent in the use and control of dogs for that kind of security work.

(4) The purposes for which a dog may be used by a licensee with an authorization referred to in subsection (2) or (3) are

(a) the detection of people or things, and

(b) the protection of the licensee while providing a guard patrol or watch of property.

(5) A licensee must not use a dog to control individuals or crowds or for the pursuit of individuals.

(6) A licensee must not use a dog for the purposes of security work if the dog has been trained to kill or seriously injure people or animals.

(7) When used for the purposes of security work, a dog must be accompanied by and under the control of a security worker licensee who has an authorization referred to in subsection (3).

(8) A licensee must ensure that a dog used for the purposes of security work wears an identification tag that includes the name of the security business licensee.

(9) A security business licensee that uses dogs for the purposes of security work must maintain records of the following information:

(a) the identifying marks and characteristics of each dog used for the purposes of security work,

(b) the training and certification of each dog used for the purposes of security work, and

(c) the training and certification of each security worker licensee using a dog for the purposes of security work.

Code of conduct

14   The registrar may impose on a licence to engage in any type of security work the condition that

(a) the licensee, or

(b) if the licensee is a business entity, every individual about whom the business entity made a disclosure under section 13 of the Act,

while engaged in security work or carrying on the security business,

(c) must act with honesty and integrity,

(d) must respect and use all property and equipment in accordance with the conditions of the licence,

(e) must comply with all federal, provincial and municipal laws,

(f) must treat all persons equally, without discrimination based on a person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age or economic or social status,

(g) must not use profane, abusive or insulting language or actions,

(h) must not use unnecessary force,

(i) must not engage in behaviour that is prohibited by law,

(j) must respect the privacy of others by complying with privacy legislation and treating all information received while working as confidential, unless disclosure is required as part of such work or by law,

(k) must cooperate with police if it is required by law,

(l) must not be unfit for duty, while working, through consumption of alcohol or drugs,

(m) must not conspire with another person or aid or abet another licensee to contravene a provision of the Act or this regulation or a condition of a licence,

(n) must not wilfully or negligently make a false statement or false complaint, and

(o) must not misrepresent to any person the type or conditions of the licence or the nature of the licensee's or the individual's authority under the law.

[am. B.C. Reg. 64/2021, ss. 3 and 8.]

Types of licences

15   (1) Subject to subsection (3), the types of licences that may be issued under section 5 of the Act are set out in column 1 of the table in subsection (4), and the nature and extent of the security work that may be provided under each type of licence is set out in column 2 opposite the type of licence in column 1.

(2) Subject to subsection (3), the types of licences that may be issued under section 16 of the Act are set out in items 1, 2, 4, 6, 8 to 12 and 14 to 16 of column 1 of the table in subsection (4), and the nature and extent of the security work that may be provided under each type of licence is set out in column 2 opposite the type of licence in column 1.

(3) The registrar may issue

(a) a security worker licence that combines any of the types of licences for security workers as prescribed under subsection (1), and

(b) a security business licence that combines any of the types of licences for security businesses prescribed under subsection (2).

(4) The following table is prescribed for the purposes of subsections (1), (2) and (3):

[am. B.C. Reg. 203/2010, Sch. 1, s. 2.]

Fees

16   (1) Subject to subsection (3), the following application fees are prescribed for the purposes of section 3 (3) (c) of the Act:

(a) for a security worker licence valid for 90 days or fewer, $60;

(b) for a security worker licence valid for more than 90 days but not more than one year, $120;

(c) for a security worker licence valid for more than one year but not more than two years, $180;

(d) for a security worker licence valid for more than two years but not more than three years, $240;

(e) for a renewal of a security worker licence, other than a licence referred to in paragraph (a), for

(i) one year or less, $60,

(ii) more than one year but not more than two years, $120, and

(iii) more than two years but not more than three years, $180;

(f) for a renewal of a security worker licence referred to in paragraph (a) for

(i) 90 days or fewer, $60,

(ii) one year or less, $120,

(iii) more than one year but not more than two years, $180, and

(iv) more than two years but not more than three years, $240.

(2) The following application fees are prescribed for the purposes of section 12 (2) (b) of the Act:

(a) for a security business licence valid for one year or less, $500;

(b) for a security business licence valid for more than one year but not more than two years, $775;

(c) for a security business licence valid for more than two years but not more than three years, $1 050;

(d) for a renewal of a security business licence for one year or less, $275;

(e) for a renewal of a security business licence for more than one year but not more than two years, $550;

(f) for a renewal of a security business licence for more than two years but not more than three years, $825.

(3) An individual who holds a security business licence is exempt from the requirement to pay the fee set out in subsection (1) when applying for

(a) a security worker licence of the same type as the security business licence, or

(b) a renewal of a licence referred to in paragraph (a).

(4) The fee for an application to reissue or replace a licence, except on renewal, is $20.

Administrative penalties

17   (1) The following provisions are prescribed for the purposes of section 35 (1) (a) of the Act:

(a) sections 7 (2) and (3), 8, 9, 17 (1), 18 to 22, 24, 25 (3) and (4), 26 (1) and 44 (2), (4) and (5) of the Act, and

(b) sections 7 (2), 9 (1) and (2), 10 (1), 11 (1) and (3), 12 (1), (3), (4) and (5) and 13 (1) of these regulations.

(2) The following provisions are prescribed for the purposes of section 35 (5) of the Act:

(a) sections 17 (1), 18 to 22, 24, 25 (3) and (4), and 44 (2), (4) and (5) of the Act, and

(b) sections 7 (2), 9 (1) and (2), 10 (1), 11 (1), 12 (1) and 13 (1) of these regulations.

Offences

18   (1) A person who contravenes a provision referred to in section 17 (1) (b) commits an offence.

(2) A person who commits an offence referred to in subsection (1) is liable to the penalties set out in section 45 of the Act.

Transition — exemptions

19   (1)-(3) Repealed. [B.C. Reg. 207/2008, s. 19 (4).]

(4) The provisions of this section set out in column 1 of the following table are repealed on the date set out in column 2 opposite the provision in column 1:

[am. B.C. Reg. 161/2009, s. (a).]