UPDATE ON BILL 159 – THE PRIVATE SECURITY AND INVESTIGATIVE SERVICES ACT 2005

It has been six months since Bill 159, The Private Security and Investigative Services Act, 2005 (PSISA) received Third Reading and Royal Assent.  Work has been proceeding on a number of fronts and this summary provides an update and discusses the year ahead.

Perhaps the most important information to pass along is that the Act is not anticipated to come into force until 2007.  Until that time, the current Private Investigators and Security Guards Act (PISGA) continues to apply.  This will allow the Ministry time to develop the regulations that will support the new Act once it is proclaimed. 

Regulations provide the detail through which the more complex elements of legislation are made operational.  There are 21 regulations under the new Act, ranging from a code of conduct for all licensees to standards governing the appearance of uniforms.  To assist in the development of these regulations, the Minister of Community Safety and Correctional Services established the Private Security and Investigative Services Advisory Committee. 

The Advisory Committee consists of representatives from 13 key organizations, representing a broad spectrum of interests.  Attached is a list of these groups and their representatives.

Deliberations are continuing with respect to the content of the regulations.  No final decisions have been made on any regulations.  Once drafted, the Ministry will post these regulations on its web site at http://www.mpss.jus.gov.on.ca to provide an opportunity for all interested parties to provide written comments.

The regulations related to training standards and testing have generated the greatest amount of interest and speculation.  Although no details have been formalized, the training and testing strategy under the PSISA is being shaped by a number of basic assumptions.

First, it is the intention of the Ministry to make the prescribed training, as referenced in the PSISA, widely accessible and complimentary to existing training programs currently offered through in-house training, community colleges, universities and independent training agencies. 

Second, to ensure consistency and accountability among the various training programs, the Ministry, in consultation with the Advisory Committee is developing occupational competencies and Ministry training standards.  Competencies are defined as the knowledge and skills required by security practitioners or private investigators to assume their responsibilities.  Ministry training standards will be the guideline training providers must use to develop, design and assess how their program meets the Act and its regulations.  The Ministry will only recognize those programs that meet the training standard.

Third, it is the government’s intention to recognize those individuals who are actively employed under the current legislation as security practitioners.  Requiring these individuals to complete prescribed training may not be reasonable.  They will however, be required to pass a provincial licence test. 

Some business entities and organizations may be holding out their training programs as “ministry approved” under the new legislative framework (PSISA) or claiming their training “meets or exceeds proposed standards”.  Any statement or representation to this effect is false.  If such claims are brought to the province’s attention, they will be subject to investigation.  Standards, once developed, will be posted on the Ministry website. 

The transition from the current PISGA to the new PSISA will necessitate numerous changes within the Office of the Registrar.  Corporate and agency restructuring, combined with increasing interest in the security industry has resulted in a significant workload impact on the Private Investigators and Security Guards Branch.  The Office will be changing to meet these growing needs, as well as those that will be imposed by the new PSISA. 

Licence fee increases, which have been discussed over the past two years, will come into effect on September 1, 2006.  This represents the first increase in a decade.

Fee Increase Structure

Security Guard Licence:        $80.00
Private Investigator Licence: $80.00
Dual (SG / PI) Licence:        $160.00
Agency Licence:                   $700.00
Dual Agency Licence:           $1,400.00

The Registrar’s website will also be undergoing upgrades in order to make it a more practical source of information on the PSISA. 

Attachment
Private Security and Investigative Services Act Advisory Committee

• The Commercial Security Association
  Mr. Marcel St. Jean
  Mr. Graham Gill
• The Ontario Association of Chiefs of Police
  Deputy Chief Mercier
• The United Steelworkers of America
  Mr. Stuart Dean
• The Council of Private Investigators
  Mr. Bill Joynt
  Mr. Paul Reid
• The Corps of Commissionaires
  Mr. Jim Watts
• The Ontario Association of Police Service Boards
  Ms. Barbara Hume-Wright
  Ms. Cheryl Jamieson
• The Retail Council of Canada
  Ms. Ashley McClinton
• The Ontario Restaurant Hotel and Motel Association
  Ms. Michelle Saunders
• The Canadian Society for Industrial Security
  Mr. Graham Ospreay
• The Ontario Association of College and University Security Administrators
  Mr. Len Boudreault
• The Police Association of Ontario
  Mr. Bruce Miller
• The Association of Professional Security Agencies
  Mr. John Carter
• The Ontario Provincial Police
  Mal Chivers