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B.C. Reg. 4/81 Regulation of Attorney General1 | Filed January 9, 1981 |
This archived regulation consolidation is current to April 21, 2006 and includes changes enacted and in force by that date. For the most current information, click here. |
Private Investigators and Security Agencies Act
[includes amendments up to B.C. Reg. 245/2000]
Contents | ||
1 | Interpretation | |
2 | Definition of the Act | |
3 | Qualifications for a licence under the Act | |
4 | Repealed | |
5 | Records | |
6 | Vehicles | |
7 | Advertising | |
8 | Uniforms and equipment | |
9 | Bonding |
1 In this regulation:
"Act" means the Private Investigators and Security Agencies Act;
"armoured car" means a motor vehicle constructed or adapted
(a) to protect its occupants from forced entry, and
(b) to provide protection to its occupants from armed attack with firearms that have a minimum muzzle velocity of 1280 feet per second and a minimum muzzle energy of 475 foot pounds;
"corporation" means corporation as defined in the Company Act;
"emergency vehicle" means an emergency vehicle as defined in the Motor Vehicle Act;
"flashing light" means any device, other than a signal light, 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;
"keycutter" means a person or business, other than a licensed locksmith, who duplicates only common keys;
"licensee" means a person licensed under the Act;
"logo" means any marking, insignia, design, crest or writing, whether or not a registered trade mark, that is used by a licensee to identify a security business;
"manager" means a person designated by a security business licensee to direct or manage the business;
"restricted key" means any key, card or other lock operating device that
(a) is stamped or marked
(i) "M", "GM", "Master", "Do Not Copy", "Do Not Duplicate", "Restricted" or any other similar restrictive expression, word or letter, or
(ii) as being the property of any organization, 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 anywhere in Canada, or
(b) requires the use of special equipment to duplicate or code;
"security guard" means a person employed by a security patrol to patrol or watch property.
2 In this regulation and in the Act:
"common key" means any key, card or other lock operating device that
(a) is not stamped or marked
(i) "M", "GM", "Master", "Do Not Copy", "Do Not Duplicate", "Restricted" or any other similar restrictive expression, word or letter, or
(ii) as being the property of any organization, 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 anywhere in Canada, or
(b) does not require the use of special equipment to duplicate or code;
"common strongbox" means any vault or safe that has a steel door thickness not exceeding 1 1/2 inches and a steel body thickness not exceeding 1 inch.
3 (1) Subject to subsection (2), an applicant for a licence under the Act shall be
(a) a Canadian citizen or a person lawfully admitted to Canada for permanent residence,
(b) ordinarily resident in Canada, and
(c) at least
(i) 16 years of age, where the applicant is applying for a security employee licence for employment as an apprentice or alarm monitor, and
(ii) 19 years of age, in any other case.
(2) Subsection (1) (b) shall not apply to an employee of a corporation that is a security business licensee where that employee
(a) is lawfully employed in Canada by that security business licensee in another province, and
(b) applies for a security employee licence in order to be employed by that security business licensee.
(3) Where the applicant for a security business licence is a corporation, the manager of that corporation shall meet the qualifications set out in subsection (1) and the corporation shall have an office for the security business in the Province.
(4) Subject to subsection (5), an applicant for a security business licence who wishes to carry on the business of private investigator shall have at least 2 years experience as an investigator licensed under the Act or the Private Investigators Act or equivalent experience and, in the case where the applicant is a corporation, the manager of the corporation shall have at least 2 years experience as an investigator licensed under the Act or the Private Investigators Act or equivalent experience.
(5) Subsection (4) does not apply to a security business licensee who carries on the business of private investigator and who was licensed under the Private Investigators Act on December 31, 1980.
(6) An applicant for a security employee licence, who wishes to be employed by a security business as a private investigator, a security guard or as a person who monitors or responds to security alarms, shall not be so employed unless he is sufficiently fluent in the English language so as to be able to converse in English during predictable conditions of the intended employment.
[am. B.C. Regs. 268/86; 148/94.]
4 Repealed. [B.C. Reg. 22/95.]
5 (1) Every security business licensee shall keep a record listing the names and addresses of all persons who request of him
(a) restricted keys to be made or duplicated,
(b) any key to be cut by code when neither the lock nor the key is provided, or
(c) any key made to fit a restricted lock.
(2) Every security business licensee shall maintain a record of all persons employed during each calendar year.
(3) Every security business licensee licensed to carry on more than one category of security business shall keep personnel records clearly setting out the categories of business to which each person is assigned during each calendar month.
6 (1) A vehicle operated by a security business licensee carrying on the business of security patrol or private investigator must not
(a) be equipped with a siren,
(b) except while the vehicle is in use on an industrial site where a flashing light is required by the site owner or operator for the safety and security of the security employee, be equipped with a flashing, rotating or similar 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 color cause the vehicle to resemble a police or other emergency vehicle.
(2) A vehicle operated by a licensee carrying on the business of security patrol must, if used for the purpose of security patrol, display
(a) the word "SECURITY", either alone or in conjunction with the word "PATROL" or "GUARD", on both sides of the exterior of the vehicle in letters not less than 3 inches high, and
(b) the name and telephone number of the security business licensee on the front, back or side of the vehicle.
(3) Despite subsection (2), a vehicle operated by a licensee carrying on the business of security patrol may be unmarked if 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.
(4) A security business vehicle must not be operated in contravention of the Motor Vehicle Act or regulations.
[en. B.C. Reg. 245/2000, s. 1.]
7 (1) No licensee shall publish or cause to be published any advertisement or notice
(a) depicting or extolling violence against persons or property,
(b) depicting or inferring that a security business is associated with a police force or its duties, or
(c) holding out or describing a security employee as a "security officer".
8 (1) A security employee must not wear a uniform that, in the opinion of the registrar, so closely resembles the uniform of a police officer in style, color, insignia or other marking that it is likely to confuse or mislead the public.
(2) A security employee
(a) must not carry or use, during the course of employment, firearms, truncheons, billets, handcuffs, other restraining devices, chemical spray or any other items designed or intended to debilitate or control a person, and
(b) must surrender any items listed in paragraph (a) to an inspector on request.
(3) A licensee or security employee must not wear or cause to be worn a uniform that does not comply with this section.
(4) A uniform worn by a security patrol employee must display
(a) on the chest of the shirt in letters not less than 1/2 inch high, the word "SECURITY" either alone or in conjunction with the word "GUARD", "PATROL" or the name of the security business,
(b) on a cap, a cloth badge or embroidery bearing the word "SECURITY" either alone or in conjunction with the word "GUARD" or "PATROL",
(c) on both shoulders, a cloth badge identifying the security business except that the badges need not be displayed if the security business is identified under paragraph (a), and
(d) while patrolling in a public area, on the back of the patrol jacket in letters not less than 2 inches high, the word "SECURITY" either alone or in conjunction with the word "GUARD" or "PATROL".
(5) A private investigator must not carry or use a badge or wear a uniform during the course of his or her employment.
(6) A private investigator who is also licensed as a security guard must not wear a uniform or carry or use a badge that he or she is entitled to wear, carry or use as a security guard when employed as a private investigator.
(7) A security business must submit to the registrar a complete description of any uniform, badge or logo and any insignia to be used by the security business for the registrar's approval before a security patrol business licence may be issued.
(8) A licensed security business that intends to change its standard company uniform, badge, logo or insignia, including creating a new uniform, badge, logo or insignia, must first submit to the registrar a complete description of the proposed changes or the proposed uniform, badge, logo or insignia for approval.
(9) A licensed security business must submit for the registrar's approval a written description of any special purpose uniform to be used in addition to, or in place of, its standard company uniform.
(10) The registrar may refuse an approval under subsection (7), (8) or (9) if, in the opinion of the registrar, the proposed uniform, badge, logo or insignia is so similar to the uniform, badge, logo or insignia used by police officers that the public is likely to be confused or misled.
[en. B.C. Reg. 245/2000, s. 2.]
9 (1) A security business licensee that employs security employee licensees shall, as a condition of the licence, furnish security under the Bonding Act.
(2) The terms of the surety bond or security provided in accordance with subsection (1) shall include a term relating to the faithfulness, honesty and lawful conduct of the applicant licensee and his licensed employees.
(3) The minimum bonding required by this section shall be
(a) $5 000 where the security business licensee employs up to 5 licensed employees,
(b) $10 000 where the security business licensee employs not less than 6 and not more than 10 licensed employees, and
(c) $15 000 where the security business licensee employs more than 10 licensed employees.
[Provisions of the Private Investigators and Security Agencies Act, R.S.B.C. 1996, c. 374, relevant to the enactment of this regulation: section 31 (1) and (2)]
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1. Authority of Attorney General changed to authority of Lieutenant Governor in Council by 1992-49-5 |
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