This archived statute consolidation is current to November 2, 1999 and includes changes enacted and in force by that date. For the most current information, click here.

PRIVATE INVESTIGATORS AND
SECURITY AGENCIES ACT

[RSBC 1996] CHAPTER 374

[Updated to October 1, 1998]

Contents

Section

 

1

Definitions

 

2

Application of sections 3 and 10

 

3

Security business licence

 

4

Armoured car service

 

5

Licensee’s activities restricted

 

6

Corporations

 

7

Executors and administrators

 

8

Reporting

 

9

Display and surrender of security business licence

 

10

Security employee licences

 

11

Production and display of security employee licence and identification card

 

12

Surrender of security employee licence and identification card

 

13

Out of Province private investigators

 

14

Alarm monitors

 

15

Temporary licences

 

16

Refusal, suspension and cancellation of licences

 

17

Investigations

 

18

Registrar’s duties on suspension, cancellation or refusal of licence

 

19

Appeals

 

20

Procedure on and scope of appeal

 

21

Disposition of appeal

 

22

Inspections

 

23

Warrants

 

24

Copies of records

 

25

Firearms

 

26

Restricted keys and locksmith’s instruments

 

27

Use of certain terms restricted

 

28

Evidence

 

29

Confidentiality

 

30

Advisory board

 

31

Power to make regulations

 

32

Offences

Definitions

1 In this Act:

"alarm monitor" means a security employee whose duties are, by his or her 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 merely because he or she

(c) sells, supplies or provides a security alarm, if the person 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) monitors a security alarm installed on the property of another, if the person

(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 or her employment;

"courier" means an individual who, on his or her own account or as an employee of another person, provides to members of the public the service of carrying items of value in his or her personal custody but does not include an individual working in or with an armoured car that is operated by an armoured car service;

"director" means director, as defined in section 1 of the Police Act;

"firearm" has the same meaning as in the Criminal Code;

"inspector" means a person designated under section 31 as an inspector for the purposes 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 merely because he or she

(f) codes or recodes locks of which he or she is the owner, or that he or she 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 or she 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 purposes of this Act;

"restricted key" means a 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.

Application of sections 3 and 10

2 (1) Sections 3 and 10 do not apply to any of the following:

(a) the Canadian Corps of Commissionaires or its employees acting in the performance of their duties;

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

(c) employees of the government acting in the performance of their duties;

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

(e) an insurance adjuster, licensed under the Financial Institutions Act, in respect of the activities authorized by his or her licence;

(f) 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 or her employer any of the activities regulated by this Act;

(g) a person registered under the Credit Reporting Act in respect of activities regulated by that Act;

(h) a person who obtains or provides 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 or her work as a reporter or journalist;

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

(k) prescribed classes of persons.

(2) Sections 3 and 10 do not apply in prescribed circumstances.

Security business licence

3 (1) A person must not carry on or in any way hold himself or herself out as carrying on a security business unless

(a) the person holds a valid security business licence issued to him or her by the registrar, and

(b) if the person is an individual referred to in section 10 (3), the person also holds a security employee licence under section 10.

(2) An application for a licence or renewal of a licence must be made to the registrar.

(3) If the registrar issues a security business licence, he or she 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.

(5) Despite subsection (4), the registrar must 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 if the person has held such a combination of licences without interruption since July 31, 1981.

(6) For the purpose of subsection (5) there is an interruption if, 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.

(7) If 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 the registrar considers appropriate.

(8) 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) must, in the case of a renewal licence, specify an expiry date that is 12 months after the day the previous licence expired.

(9) A security business licence is not transferable.

(10) The registrar may, if a security business is to be carried on from more than one address, issue a duplicate security business licence for each address.

Armoured car service

4 (1) An applicant for a security business licence to carry on an armoured car service must 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.

Licensee’s activities restricted

5 (1) In this section, "collector" and "collection agent" have the same meanings as in the Debt Collection Act.

(2) A person licensed under this Act must not

(a) act as a collector, collection agent or bailiff, or

(b) without the consent of the registrar, act as a peace officer.

Corporations

6 A corporation applying for a security business licence must, in addition to any other disclosure required under this Act, file with the registrar a statement disclosing all of the following:

(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) if 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) if 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;

(e) other information the registrar requires to enable the registrar to identify the individuals who control or are able to control the corporation.

Executors and administrators

7 If an individual licensed under section 3 dies, the registrar may, despite that section, issue to his or her executor or the administrator of his or her 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, if the executor or administrator satisfies the registrar that an extension is necessary, for further periods not exceeding 90 days each.

Reporting

8 (1) In this section and in section 16, "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 who holds a security business licence must, within 14 days of the occurrence, report to the registrar the following:

(a) changes of his or her 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 or her for a crime;

(e) each of his or her convictions for a crime;

(f) every charge or conviction known to him or her or, in the case of a corporation, known to its directors, of a person employed in or connected with his or her security business, for a crime.

(3) If a corporation holds a security business licence, it must, within 14 days after the occurrence and in addition to the reports required by subsection (2), report to the registrar all changes in the particulars referred to in section 6.

(4) A person who holds a security employee licence must, within 14 days after the occurrence, report to the registrar

(a) changes of his or her residential or business address,

(b) every charge laid against him or her for a crime, and

(c) each of his or her convictions for a crime.

Display and surrender of security business licence

9 (1) A person who holds a security business licence must 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 or she is permitted, under the licence, to carry on the business.

(2) On expiry, cancellation or suspension of a security business licence, the licensee must immediately surrender the licence and all duplicates to the registrar.

Security employee licences

10 (1) A person must not engage in employment as a security employee or hold himself or herself out to be so employed unless the person holds a valid security employee licence for the kind of work he or she will perform.

(2) A person licensed to carry on a security business must not employ a person as a security employee unless the employee holds a valid security employee licence for the kind of work he or she 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) An application for a licence or renewal of a licence must be made to the registrar.

(5) If the registrar issues a security employee licence, the registrar must state in the licence the duties that the security employee may perform, and the licence is restricted to the kind of work that the security business employing him or her may carry on under its licence.

(6) The registrar must 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.

(7) Despite subsections (1), (2) and (5), if 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.

(8) 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) must, in the case of a renewal licence, specify an expiry date that is 12 months after the day the previous licence expired.

Production and display of security employee licence and identification card

11 A security employee must, while at work, carry on his or her person the security employee licence issued under section 10 and an identification card issued by his or her current employer in a form approved by the registrar, and must produce them for inspection at the request of any person to whom the licensee holds himself or herself out to be licensed or any peace officer or inspector.

Surrender of security employee licence and identification card

12 (1) A security employee who ceases his or her employment or whose security employee licence expires, is cancelled or is suspended must promptly surrender his or her security employee licence and identification card to his or her employer, who must promptly deliver them to the registrar.

(2) If a security employee does not comply with this section, his or her employer must promptly notify the registrar in writing.

(3) If a security employee holds a security business licence, he or she must, on ceasing to carry on the business, promptly deliver his or her security employee licence and identification card to the registrar.

(4) If a security employee licence is surrendered to the registrar because the licensee ceased his or her employment, the registrar must, 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) If a security employee’s licence and identification card have been surrendered to the registrar as a result of suspension of the licence, the registrar must return them to the security employee if the suspension is lifted.

Out of Province private investigators

13 If a person residing elsewhere in Canada than British Columbia

(a) is employed by a private investigator licensed or registered in a jurisdiction outside British Columbia,

(b) makes an investigation partly inside British Columbia on behalf of an employer or client outside British Columbia, and comes into British Columbia solely for the purpose of that investigation, and

(c) notifies the registrar of his or her presence in British Columbia and supplies the registrar with particulars of the work he or she proposes to undertake,

the registrar may, at the registrar’s discretion, grant the person temporary exemption from the requirement to be licensed.

Alarm monitors

14 (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 must 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 or her security employee licence.

(4) The employer of an alarm monitor must conspicuously display the security employee licence of the alarm monitor at the alarm monitor’s place of employment.

(5) If an alarm monitor ceases his or her employment or the alarm monitor’s licence expires, is cancelled or is suspended, his or her employer must deliver the alarm monitor’s licence to the registrar.

(6) If a security employee licence, issued in respect of an alarm monitor, is surrendered to the registrar because the licensee ceased his or her employment, the registrar must, 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) If an alarm monitor’s licence has been surrendered to the registrar as a result of suspension of the licence, the registrar must return it to the employer if the suspension is lifted.

Temporary licences

15 (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) must not exceed 30 days.

Refusal, suspension and cancellation of licences

16 (1) The registrar may, whether or not he or she holds a hearing, refuse to issue or renew a licence, or may suspend or cancel a licence, if any of the following apply:

(a) the registrar considers that the applicant’s or licensee’s education, training, experience, skill, mental condition, character or repute makes it undesirable that he or she be licensed;

(b) the registrar considers that it is not in the public interest that the applicant or licensee be licensed;

(c) the registrar is satisfied that a licensee has done anything that

(i) would have justified refusal to issue a licence to him or her,

(ii) is contrary to this Act or the regulations, or

(iii) is contrary to a condition of the licence;

(d) the applicant or licensee is convicted of a crime referred to in section 8;

(e) the applicant is a peace officer.

(2) If 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 or she holds a hearing, suspend that person’s licence, refuse to renew that person’s licence or refuse to issue a licence to that person.

(3) For the purpose of this section, if 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 the registrar would have done so if the person referred to in paragraph (a) or (b) had been the applicant or the licensee.

Investigations

17 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 must, on request by the registrar, have the background of the applicant or licensee investigated and report the results of the investigation to the registrar.

Registrar’s duties on suspension, cancellation or refusal of licence

18 If the registrar suspends, cancels or refuses to issue or renew a licence, the registrar must give his or her reasons in writing to the licensee or applicant and advise the licensee or applicant of the provisions of section 19.

Appeals

19 (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 director, and on payment of a prescribed deposit, appeal to the director in accordance with the regulations, and for this purpose the director has the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

(1.1) An appeal under this Act that, on the day this subsection comes into force, has been commenced but not disposed of by the British Columbia Police Commission is to be continued before and disposed of by the director.

(2) If

(a) the director allows the appeal, or

(b) the applicant, within 10 days after giving notice of appeal, gives notice to the director that the applicant abandons his or her appeal,

the deposit must be returned to the applicant but otherwise is forfeited and must be paid into the consolidated revenue fund.

Procedure on and scope of appeal

20 (1) The registrar must, on receiving the notice under section 19, submit to the director a certified copy of

(a) the registrar’s direction, decision, order or ruling and his or her reasons, and

(b) all written submissions received by the registrar or other materials in his or her possession that are relevant to the appeal.

(2) The director may authorize one of the director’s employees to exercise the powers and perform the duties and functions of the director for the purposes of an appeal under this Act.

(3) The director must consider the appeal as if it were a new application for a licence and the director may substitute his or her opinion for that of the registrar.

(4) The director, in considering the appeal, must permit representations from the appellant and may hear representations from the registrar and any other person.

(5) If an appeal is against a suspension or cancellation of a licence, the director may, subject to conditions the director considers suitable, lift the suspension or restore the licence until the director has disposed of the appeal.

(6) If the director decides that a licence must be issued or renewed, the registrar must issue or renew the licence, subject to any conditions the director directs.

Disposition of appeal

21 If an appellant fails to appear before the director at the time set by the director for hearing the appeal, the director may dispose of the appeal as the director thinks fit.

Inspections

22 (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 16, 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 purpose of requesting the production of or inspecting any records or things relevant to the inspection,

(b) must carry identification in the prescribed form, and

(c) must present the identification to the owner or occupant of the premises.

(3) If a person conducting an inspection removes any records or things under subsection (1) (b), that person must 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, any of the following:

(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;

(k) records in respect of employees that touch on any of the matters referred to in section 16.

(5) A person must not 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.

Warrants

23 (1) A justice may, in respect of an inspection under section 22, issue a warrant authorizing the person named in the warrant and, if appropriate, any peace officer that the person may call on for assistance under subsection (8) of this section 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 22 (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 32 (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 must 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.

Copies of records

24 (1) A person conducting an inspection under section 22 or 23 who removes any records or things may make copies of, take extracts from or otherwise record them and must return them within a reasonable time.

(2) Copies of or extracts from records or things removed under section 22 or 23 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.

Firearms

25 (1) A person licensed under this Act must not carry a firearm in the course of the business or employment authorized by the licence.

(2) A courier must not carry a firearm in the course of his or her 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) An armoured car service must not employ a person who is to carry a firearm in the course of his or her 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.

Restricted keys and locksmith’s instruments

26 (1) In this section, "authorized person" means a person who

(a) holds a valid security business licence authorizing him or her 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 the registrar considers appropriate, and the registrar may, if he or she considers it appropriate, cancel an authorization he or she has given.

(3) A person must not 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) A person, other than an authorized person, must not have in his or her 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.

Use of certain terms restricted

27 A person engaged in a security business must not, to describe or identify the person’s business or services use the word "detective", "law enforcement", "peace officer" or "police", either alone or in conjunction with other words.

Evidence

28 (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 the registrar’s 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.

Confidentiality

29 A person, including the director, must not 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.

Advisory board

30 (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 must act as chair.

(2) All members of the board other than the registrar must 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 must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred by him or her in discharging the member’s duties and, in addition, may be paid remuneration for his or her services as a member of the board that the Lieutenant Governor in Council determines.

(5) Subject to direction from the minister, the board must regulate its own procedure.

Power to make regulations

31 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) respecting forms of application and licences;

(b) prescribing keys to be restricted keys;

(c) regulating the cutting of keys;

(d) defining common strongboxes;

(e) requiring a licensee to be insured and specifying the kinds and amounts of insurance to be taken out;

(f) requiring that bonds be provided by security businesses or security employees and specifying the kinds of bond and their amounts;

(g) respecting the carrying and use of equipment and weapons and the wearing of uniforms, badges and insignia;

(h) respecting the equipment, insignia and appearance of vehicles used;

(i) respecting the training and use of guard dogs;

(j) respecting the installation of alarms;

(k) respecting the keeping of books and records by security businesses;

(l) respecting advertising by security businesses;

(m) 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;

(n) 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) if 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;

(o) 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;

(p) providing that specified classes of employees of security businesses are not security employees.

(3) A fee prescribed under subsection (2) (o) may include a fee to cover the expenses of an investigation, under section 17, 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.

Offences

32 (1) A person commits an offence if the person does any of the following:

(a) contravenes a provision of section 3, 5, 8, 9, 10, 11, 12, 13, 14 (4), 22 (5), 25, 26, 27 or 29;

(b) displays, at a place where he or she 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 or her application for a licence;

(e) obstructs the registrar or an inspector acting under section 22;

(f) fails to keep prescribed records.

(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) If 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) A charge for an offence under this section must not be laid more than one year after the commission of the offence.