Private Investigators and Security Guards Regulation

Private Investigators and Security Guards Regulation, M.R. 164/2010 The Private Investigators and Security Guards Act , C.C.S.M. c. P132 Regulation 164/2010 Registered November 26, 2010 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Exemptions 3 Registration of security guard employer 4 Licence applications 5 Evidence of completing security guard training 6 Sample uniforms of security guards 7 Exemption re wearing approved uniform 8 Person authorized in another Canadian jurisdiction 9 Term of licences 10 Fees 11 Bond or security with application 12 Terms and conditions re security 13 Cancellation of security 14 Forfeiture of bond or security 15 Disposition of proceeds of forfeiture 16 Liability insurance 17 Reporting agreements to provide security guards 18 Report re private investigators and security guards 19 Offences prescribed as crimes 20 Content of public registry 21 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Private Investigators and Security Guards Act . («  Loi  ») "approved training provider" means (a) a college as defined in The Colleges Act ; (b) a private vocational institution registered under The Private Vocational Institutions Act ; and (c) a training provider approved in writing by the registrar. (« formateur approuvé ») "child abuse registry check" means a record about a person that is obtained from the child abuse registry under The Child and Family Services Act . (« relevé des mauvais traitements ») "criminal record check" means a record about a person obtained from a law enforcement agency that lists the following: (a) all of the person's convictions for and findings of guilt for offences under a law of Canada up to the date of the check for which a pardon under the Criminal Records Act (Canada) has not been issued or granted; (b) all of the person's convictions for and findings of guilt for a provincial offence or an offence under a law of any other province or territory of Canada; (c) all fines levied against the person for a provincial offence that remain unpaid on the date of the check; (d) all charges for allegedly committing an offence against a law of Canada that have been laid against the person and that have not been resolved on the date of the check. (« relevé des antécédents judiciaires ») "licensee" means the holder of a licence issued under the Act. (« titulaire de licence ») "training program" means the security guard training program established or approved by the registrar. (« programme de formation ») Exemptions 2 The following individuals are exempt from the Act and this regulation: (a) a special constable appointed under The Provincial Police Act or The City of Winnipeg Charter ; (b) an employee of a person who owns a licensed premises, as defined under The Liquor Control Act , if the employee performs no duties as a security guard in the course of his or her employment, except controlling access to, or protecting the safety and health of patrons within, the licensed premises. REGISTERING EMPLOYERS Registration of security guard employer 3 To become registered as a security guard employer, a person must (a) request from the registrar an application form; (b) provide the accurately completed application form, along with the information and material required under subsection 6(2) of the Act, to the registrar; and (c) pay the registration fee prescribed in section 10. LICENSING Licence applications 4(1) To become a licensee, a person must (a) request from the registrar an application form for the applicable type of licence or renewal; (b) provide the accurately completed application form, along with the information and material required under subsection 6(2) of the Act, to the registrar; (c) provide a criminal record check and a child abuse registry check; and (d) pay the applicable licence fee prescribed in section 10. 4(2) When applying to renew a licence, a person must (a) request from the registrar an application form for the applicable type of renewal; (b) provide the accurately completed application form, along with the information and material required under subsection 6(2) of the Act to the registrar; (c) pay the applicable licence fee prescribed in section 10; and (d) if required by the registrar, provide an updated criminal record check, child abuse registry check or both. 4(3) If the applicant for a licence or the renewal of a licence is a corporation or partnership, each officer and director of the corporation, in the case of a corporation, or each partner in the case of a partnership, must (a) complete the application form provided by the registrar; and (b) provide a criminal record check and a child abuse registry check. 4(4) A criminal record check or a child abuse registry check required to be provided under this section must be dated within six months before it is given to the registrar. Evidence of completing security guard training 5(1) An applicant for a security guard's licence must provide evidence satisfactory to the registrar that he or she has (a) attended and completed the security guard training program, as delivered by an approved training provider; and (b) attained a grade of 75% or higher on the examination established by the registrar. 5(2) The registrar may permit an applicant to challenge the security guard examination without having first completed the security guard training program if the registrar is satisfied that the applicant's previous employment experience (a) relates directly to the role and function of a security guard; and (b) provided the applicant with equivalent training. 5(3) An applicant who unsuccessfully challenges the security guard examination three times many not challenge the examination again unless he or she re-attends and completes the applicable training program, as delivered by an approved training provider. 5(4) An applicant who wishes to challenge the security guard examination must pay the fee prescribed in section 10. Sample uniforms of security guards 6(1) A person who applies for a licence authorizing the person to provide security guards must submit with the application, a sample of the uniform, badges and insignia proposed to be worn by the security guards that the person will employ. 6(2) To be approved for use by the registrar, (a) the uniform of a security guard must have displayed on the chest of the outer garment a fabric patch or a plate bearing the words "SECURITY GUARD" in clearly legible block print letters not less than 1.2 centimetres in dimension; and (b) the uniform, and any badges and insignia, must be of a design, colour and pattern sufficient to make them different and clearly distinguishable from those of any military or police force. Exemption re wearing approved uniform 7(1) The registrar may exempt a licensed security guard from the requirement to wear an approved security guard uniform if he or she is satisfied the licensee will perform duties as a loss prevention officer. 7(2) An exemption from the uniform requirement under subsection (1) only applies when the licensee acts as a loss prevention officer. 7(3) In this section, "loss prevention officer" means a security guard who performs duties that are intended to prevent and reduce loss from shoplifting and employee theft. Person authorized in another Canadian jurisdiction 8(1) Despite any other provision of this regulation, an individual is entitled to a licence authorizing him or her to act as a private investigator or security guard if the individual (a) submits a completed application form; (b) provides a criminal record check and a child abuse registry check; (c) pays the applicable licence fee prescribed in section 10; (d) holds a certificate, registration, licence or other form of official recognition issued by a regulatory authority in another Canadian jurisdiction that, in the registrar's opinion, related to substantially the same occupation as a private investigator or security guard; and (e) provides evidence satisfactory to the registrar that the certificate, registration, licence or other form of official recognition referred to in clause (d) is in good standing with the issuing regulatory authority. 8(2) In this section, "regulatory authority in another Canadian jurisdiction" means a person or other body, whether or not a governmental entity, that has been granted authority under an Act of another Canadian jurisdiction to set or implement measures related to any of the following: (a) establishing occupational standards or certification requirements; (b) assessing qualifications of individuals against established occupational standards or certification requirements; (c) officially recognizing that an individual meets established occupational standards or certification requirements. M.R. 161/2012 Term of licences 9 A licence may be issued for a maximum term of one year, but the registrar may issue a licence for a shorter period. FEES Fees re licensing, registration and examination 10(1) A person making one of the following applications, or applying to renew one of the following licences, must include with the application the fee indicated: Registration (a) application for registration as security guard employer 10(2) Fees are to be made payable to the Minister of Finance, and are non-refundable. M.R. 161/2012 BONDING AND INSURANCE Bond or security with application 11(1) An application for a licence to engage in the business of providing private investigators or security guards or renewal of such a licence must be accompanied by the following, in the amount set out in subsection (2): (a) the original of a bond of a guarantee insurance or surety company authorized to carry on business in Manitoba that is in a form acceptable to the registrar; (b) a deposit of securities that are acceptable to the registrar; (c) an irrevocable letter of credit payable to the Minister of Finance given by a bank, trust company or credit union licensed to carry on business in Manitoba that is in a form acceptable to the registrar as security. 11(2) A licensee who employs the number of private investigators or security guards listed in Column 1 must provide a bond, deposit of securities or irrevocable letter of credit in the amount listed in Column 2 of the following table. TABLE Column 1 Number of Private Investigators or Security Guards Column 2 Amount 1 – 10 $5,000 11 – 25 $10,000 26 – 100 $15,000 101 – 200 $20,000 Over 200 $25,000 Terms and conditions re security 12(1) In this section and sections 13 and 14, "security" means the bond, deposit of securities or irrevocable letter of credit provided by a person under section 11. 12(2) The security provided by a licensee must be maintained (a) while the licence is valid; (b) while the application for renewal of a licence is pending; and (c) for two years after the licence ceases to be valid or is cancelled or suspended. 12(3) The security does not bear interest. Cancellation of security 13(1) The security may not be cancelled by any person except with 90 days' written notice of intention to cancel given to the registrar. 13(2) The notice of intention to cancel the security must state the date on which the cancellation becomes effective. This date must be at least 90 days after the registrar receives the notice. 13(3) When a security has been cancelled, the registrar may, following two years after the cancellation, deliver the security to the person bound by it or to the person who provided the security, as the case may be. 13(4) Despite subsection (3), if the cancelled security is immediately replaced with another that meets the requirements under section 11, the registrar may deliver the cancelled security, with conditions, to the appropriate person before the two-year period referred to in subsection (3) expires. Forfeiture of bond or security 14(1) The registrar may, in his or her discretion, declare a security provided by a licensee to be forfeited if (a) the licensee or, subject to subsection (2), an employee of such a licensee, is convicted finally of an offence under (i) the Act or this regulation, or (ii) the Criminal Code (Canada) in respect of an offence committed in the course of providing private investigator or security guard services; or (b) in respect of a matter that relates to the provision of private investigator or security guard services, a final judgment has been issued against the licensee in a civil proceeding in a court of competent jurisdiction, and the registrar is satisfied that the licensee has failed to satisfy the judgment. 14(2) Before making a declaration of forfeiture under subsection (1), the registrar may notify the person bound by it, in writing, (a) that the registrar intends to declare the security forfeited, and why; and (b) that the person may, within 14 days after being served with the notice, make a written submission to the registrar as to why the security should not be forfeited. 14(3) The registrar may extend the 14-day period referred to in clause (2)⁠(b). 14(4) If the person does not make a submission under clause (2)⁠(b), the registrar may take the action stated in the notice. 14(5) After considering a written submission, the registrar may declare the bond or security forfeited. 14(6) The amount of the forfeited bond or security is a debt due to the government by the person bound by it. The debt is payable on demand. Disposition of proceeds of forfeiture 15(1) The registrar must distribute the forfeited security (a) first, in full satisfaction of the claims of any person having suffered a loss as a result of the actions or inactions of a licensee or an employee of the licensee; and (b) after that, to the government on account of the reasonable legal and administrative expenses incurred by the government. 15(2) If the amount to be paid out under clause (1)⁠(a) exceeds the amount of the security, the security must be distributed pro rata amongst the claimants. 15(3) The registrar is empowered to settle and determine all claims with respect to the bond or security without notice. Liability insurance 16(1) A licensee must keep in force, and provide the registrar on request with evidence of the existence of, a general liability insurance policy in an amount that is not less than $2,000,000 per occurrence for loss or damage resulting from bodily injury to or the death of one or more persons, and for loss or damage to property. 16(2) The licensee must ensure that in the insurance policy, the word "insured" is defined to include (a) the named insured; and (b) any employee, agent or other person, whether receiving compensation or not, when acting within the scope of that person's duties for the named insured. REPORTING AND PUBLIC REGISTRY Reporting agreements to provide security guards 17(1) A licensee engaged in the business of providing security guards must report to the registrar the following information in respect of each location at which the person agrees to provide security guard services: (a) the address of the location; (b) the dates and times services are to be provided; (c) the name, telephone number and e-mail address of the individual who, during the times security guard services are to be provided, is to be in charge of the management and supervision of the location. 17(2) A licensee must report to the registrar under subsection (1) as soon as reasonably practicable after entering into the agreement to provide security guard services. Report re private investigators and security guards 18(1) For each month, a security guard employer and a licensee engaged in the business of providing private investigators or security guards must submit a report to the registrar that contains (a) the name of each security guard employed by the security guard employer or licensee; (b) the name of each private investigator employed by the licensee; and (c) the name of each individual who has ceased to be employed as a private investigator or security guard by the security guard employer or licensee. 18(2) A report under this section must be provided within the first seven days of the month following the month to which the report relates. Offences prescribed as crimes 19 Subsection 5(1) (trafficking in substance) and subsection 6(1) (importing and exporting) of the Controlled Drugs and Substances Act (Canada) are prescribed as crimes for the purposes of clause (b) of the definition "crime" in section 1 of the Act. Content of public registry 20 The registrar must maintain the following in the public registry required under the Act: (a) in respect of a licensee engaged in the business of providing private investigators or security guards (i) the name of the licensee and the licence number of the licence held by the licensee; (ii) an indication if the licensee may provide private investigators, security guards or both, (iii) the licensee's address for service, and (iv) the address or addresses from which the licensee provides private investigators or security guards, and where more than one address is indicated, a designation of the main branch and a designation of the branch offices; (b) in respect of a person who is registered as a security guard employer (i) the person's name, and (ii) the location or locations at which the person employs or engages an individual as a security guard; (c) in respect of a person licensed to act as a private investigator or security guard (i) the person's name, and (ii) the type and licence number of the licence held by the person. Coming into force 21 This regulation comes into force on the same day that The Private Investigators and Security Guards Amendment Act , S.M. 2009, c. 24, comes into force. NOTE: This regulation replaces M.R. 324/87 R.