BILL 8
An Act to Amend the Private Investigators and Security Services Act
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 2 of the English version of the Private Investigators and Security Services Act, chapter 209 of the Revised Statutes, 2011, is amended
(a) in paragraph (a) in the portion preceding subparagraph (i) by striking out “his or her” and substituting “their”;
(b) in paragraph (b) by striking out “his or her” and substituting “their”;
(c) in subparagraph (l)(i) by striking out “his or her” and substituting “their”.
2 Section 4 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
4( 1) The Minister may appoint inspectors for the purposes of this Act and the regulations and may appoint a Chief Inspector for the Province.
(b) by adding after subsection (1) the following:
4( 1.1) The Minister shall issue to every inspector a certificate of appointment.
4( 1.2) An inspector, in the execution of their duties under this Act or the regulations, shall produce their certificate on request.
3 The Act is amended by adding after section 4 the following:
Inspection powers
4.1( 1) For the purpose of ensuring compliance with this Act and the regulations or making an inquiry under subsection 8(1), an inspector may, at any reasonable time,
(a) enter and inspect any place, area or vehicle to which this Act applies and make any examinations or inquiries and conduct any tests that the inspector considers necessary or advisable,
(b) be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,
(c) make inquiries of any person who is or was in a place, area or vehicle to which this Act applies,
(d) require the production of books, documents or records at a place, area or vehicle to which this Act applies and may inspect, examine, copy or remove them,
(e) exercise any other powers and perform any other duties that are prescribed by regulation, and
(f) exercise the powers and perform the duties that are incidental to the powers set out in paragraphs (a) to (e).
4.1( 2) Despite subsection (1), an inspector shall not enter a private dwelling unless the inspector
(a) has the consent of a person who appears to be an adult and an occupant of the dwelling, or
(b) has obtained a warrant under the Entry Warrants Act.
4.1( 3) An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (1)(a).
4.1( 4) An inspector who removes books, documents or records under paragraph (1)(d) shall give a receipt for the items and return them as soon as possible after making copies or extracts.
4.1( 5) An inspector may, during an inspection carried out to ensure compliance with this Act and the regulations, seize any equipment in respect of which or any vehicle in which the inspector finds anything in respect of which the inspector believes on reasonable and probable grounds that an offence under this Act or the regulations has been committed.
Obstruction of inspector
4.2( 1) No person shall obstruct, interfere with or fail to cooperate with an inspector who is carrying out or attempting to carry out an inspection under this Act.
4.2( 2) A refusal of consent to enter a private dwelling is not and shall not be considered to be obstructing or interfering within the meaning of subsection (1), except if an entry warrant has been obtained.
4 Subsection 6(1) of the Act is repealed and the following is substituted:
6( 1) No person shall
(a) operate or hold themselves out as operating an agency unless that person holds a licence to operate an agency,
(b) act or hold themselves out as acting as an agent unless that person holds a licence to act as an agent,
(c) use or carry handcuffs or a baton while acting as a security guard unless that person holds a security guard licence bearing an authorization to carry batons or handcuffs, and
(d) provide guard dog services unless that person holds a licence referred to in paragraph 7(1)(g).
5 Section 7 of the Act is amended
(a) in subsection (1)
( i) in subparagraph (e)(iii) of the English version by striking out “and” at the end of the subparagraph;
( ii) in subparagraph (f)(iii) by striking out the period at the end of the subparagraph and substituting “; and”;
( iii) by adding after paragraph (f) the following:
(g) a licence authorizing that person to provide guard dog services.
(b) in subsection (2) of the English version by striking out “he or she” and substituting “the Minister”;
(c) by repealing subsection (3) and substituting the following:
7( 3) An application for a licence shall be made on a form provided by the Minister and shall be accompanied by the information and documents prescribed by regulation.
(d) in subsection (4) of the English version by striking out “he or she” and substituting “the Minister”;
(e) by repealing paragraph (6)(a) and substituting the following:
(a) that the person has a principal office for the agency in the Province that complies with the requirements prescribed by regulation, and
(f) by adding after subsection (7) the following:
7( 8) No licence to act as an agent shall be issued to a person if that person has been found guilty or convicted of an offence under the Criminal Code (Canada) that the Minister considers relevant to the fitness of the person to act as an agent and no pardon has been granted in respect of the offence.
6 The Act is amended by adding after section 7 the following:
Obligation to obtain training in use of batons or handcuffs
7.1 No person shall operate or hold themselves out as operating an agency that provides the service of security guards who carry batons or handcuffs unless the person responsible for managing and supplying the batons or handcuffs to security guards for the agency has successfully completed a training program in the use of batons or handcuffs that is approved by the Minister.
Authorization to carry batons or handcuffs
7.2( 1) An applicant for or holder of a security guard licence may apply to the Minister for an authorization that allows them to carry batons or handcuffs.
7.2( 2) An application for an authorization shall be made on a form provided by the Minister and shall be accompanied by a certificate confirming the applicant’s successful completion of a training program in the use of batons or handcuffs that is approved by the Minister.
7.2( 3) If the Minister issues an authorization to an applicant who
(a) is an applicant for a security guard licence, the Minister shall issue a security guard licence that bears the authorization to carry batons or handcuffs, or
(b) is a holder of a security guard licence, the Minister shall replace their licence with a security guard licence that bears the authorization to carry batons or handcuffs.
7 Section 8 of the Act is amended
(a) in subsection (1)
( i) in the portion preceding paragraph (a) of the English version by striking out “he or she” and substituting “the Minister”;
( ii) in paragraph (h) by striking out “that is necessary to operate an agency” and substituting “that the Minister considers necessary to operate an agency or the experience and training, if any, prescribed by regulation”;
(b) in subsection (2)
( i) in the portion preceding paragraph (a) of the English version by striking out “he or she” and substituting “the Minister”;
( ii) in paragraph (e) by striking out “that is required to act as an agent” and substituting “that the Minister considers necessary to act as an agent or the experience and training, if any, prescribed by regulation”;
(c) by adding after subsection (2) the following:
8( 2.1) On application by a holder of a security guard agency licence, the Minister shall issue a licence to provide guard dog services to the holder of a security guard agency licence if, after making the inquiry that the Minister considers necessary, the Minister is of the opinion that, with respect to each dog to be used as a guard dog,
(a) the dog has been selected and trained as a guard dog in accordance with the standards prescribed by regulation, and
(b) the person employed by the applicant to handle the dog is the holder of a security guard licence and meets the qualifications prescribed by regulation.
8 Subsection 9(2) of the English version of the Act is amended by striking out “his or her” and substituting “the Minister’s”.
9 Section 11 of the Act is amended
(a) by repealing paragraph (1)(c) and substituting the following:
(c) pay to the Minister the fee, if any, prescribed by regulation to obtain the licence.
(b) by adding after subsection (1) the following:
11( 1.1) Any licence referred to in paragraph 7(1)(c) or (d) shall bear a photograph of the licensee.
(c) by repealing subsection (2).
10 The heading “Obligation de l’agence d’aviser la Commission de tout changement d’adresse, de tout changement parmi ses membres ou de leur situation d’emploi et de l’existence d’accusations criminelles” preceding section 13 of the French version of the Act is repealed and the following is substituted:
Obligation de l’agence en cas de changement d’adresse, de changement parmi ses membres, de changement de leur situation d’emploi ou d’accusations criminelles
11 Section 13 of the Act is amended
(a) in subsection (1)
( i) in the portion preceding paragraph (a) by striking out “A person licensed to operate an agency” and substituting “A holder of a licence to operate an agency”;
( ii) in paragraph (a) by striking out “the person’s address for service or in the address of a place at which the person carries” and substituting “their address for service or in the address of a place at which they carry”;
( iii) in paragraph (c) by striking out “the person” and substituting “them”;
(b) in subsection (2) by striking out “When a person licensed to operate an agency or to act as an agent has been charged with an offence under the Criminal Code (Canada) or under this Act, the person shall notify the Minister without delay” and substituting “When a holder of a licence to operate an agency has been charged with an offence under the Criminal Code (Canada) or under this Act, they shall notify the Minister immediately”.
12 The heading “Duty of agent respecting change of address” preceding section 14 of the Act is repealed and the following is substituted:
Duty of agent respecting change of address, training or criminal charge
13 Section 14 of the Act is repealed and the following is substituted:
14( 1) A holder of a licence to act as an agent shall notify the Minister in writing within seven days after
(a) a change in their address for service, or
(b) a change in their training in the use of batons or handcuffs.
14( 2) When a holder of a licence to act as an agent has been charged with an offence under the Criminal Code (Canada) or under this Act, they shall notify the Minister immediately in writing of the charge and the particulars of it.
14 Section 15 of the Act is amended
(a) in subsection (1) by striking out “paragraph 7(1)(e) or (f)” and substituting “paragraph 7(1)(e), (f) or (g)”;
(b) by repealing subsection (3) and substituting the following:
15( 3) On application to the Minister on a form provided by the Minister, a licence, except a licence referred to in paragraph 7(1)(e), (f) or (g), may be renewed every 24 months on payment of the fee prescribed by regulation.
(c) by adding after subsection (3) the following:
15( 3.1) An application to renew a licence to act as an agent shall be accompanied by the information the Minister requires.
15( 3.2) The Minister shall, on renewal of a security guard licence that bears an authorization referred to in section 7.2, renew the licence with one that bears that authorization.
15( 3.3) Unless sooner revoked, a licence to provide guard dog services expires on the date on which the holder’s security guard agency licence expires, and, on renewal of the security guard agency licence, the Minister shall also renew the licence to provide guard dog services.
(d) in subsection (4) of the English version
( i) in the portion preceding paragraph (a) by striking out “person who holds a licence” and substituting “holder of a licence”;
( ii) in paragraph (a) by striking out “person” and substituting “holder”;
( iii) in paragraph (b) by striking out “person” and substituting “holder”.
15 Section 16 of the Act is repealed and the following is substituted:
16 When a holder of a licence to operate an agency or a licence to provide guard dog services dies, the Minister may issue a temporary licence for a period that is stated in the licence to the holder’s executor or administrator.
16 Section 18 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
18( 1) If a holder of a licence to operate an agency or provide guard dog services ceases to operate the agency or provide guard dog services, as the case may be, the licence expires, and, immediately on ceasing to operate or provide the services, the holder shall forward their licence to the Minister.
(b) by adding after subsection (1) the following:
18( 1.1) After extending to the licensee an opportunity to be heard with counsel, the Minister may suspend or revoke a licence if the Minister is satisfied on reasonable grounds that
(a) the licensee has abused or exceeded the licensee’s authority or has improperly conducted themselves in the execution of the licensee’s functions,
(b) the licensee is in breach of a term or condition of the licence,
(c) the licensee has failed to maintain the bond or other security furnished by the licensee under this Act,
(d) the licensee has failed to comply with a duty imposed on the licensee by this Act or the regulations or has otherwise violated this Act or the regulations, or
(e) it is in the public interest to do so.
(c) by repealing subsection (2) and substituting the following:
18( 2) If the licence of a person operating an agency or providing guard dog services is revoked or suspended, immediately on its revocation or suspension, the person shall forward their licence to the Minister.
(d) in subsection (3) by striking out “to the Minister the licence and that person’s identification card” and substituting “their licence to the Minister”;
(e) in subsection (4)
( i) in the portion preceding paragraph (a) by striking out “and identification card”;
( ii) in paragraph (a) in the English version by striking out “his or her” and substituting “their”;
(f) in subsection (5) by striking out “and identification card issued to the licensee”.
17 Subsection 19(1) of the Act is repealed and the following is substituted:
19( 1) A holder of a licence to operate an agency and a holder of a licence to provide guard dog services shall display their most recent licence in a conspicuous place in the principal office of the agency in the Province.
18 The heading “Duty to maintain records” preceding section 20 of the Act is amended by striking out “records” and substituting “books, documents or records”.
19 Section 20 of the Act is repealed and the following is substituted:
20 A holder of a licence to operate an agency shall keep at the principal office of the agency in the Province any book, document or record that is required under the regulations for at least six years from the date the book, document or record was made and shall ensure the book, document or record is readily accessible.
20 The Act is amended by adding after section 20 the following:
Approval of uniforms, batons, handcuffs and vehicles
20.1( 1) A security guard agency shall not manage or supply its security guards with uniforms, batons, handcuffs or vehicles unless the Minister has approved the uniforms, batons, handcuffs or vehicles in writing, and the security guard agency shall not make any changes to any uniform, baton, handcuffs or vehicle approved by the Minister unless the Minister has approved the changes in writing.
20.1( 2) Any uniform, baton, handcuffs or vehicle that a security guard agency manages or supplies to its security guards shall comply with the requirements prescribed by regulation.
21 The heading “Duty of private investigator respecting identification card and licence” preceding section 21 of the Act is amended by striking out “identification card and”.
22 Section 21 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
21( 1) No private investigator shall, while acting as a private investigator, wear a uniform or have in their possession or display a badge, shield or other evidence of authority except their licence or a business card.
(b) by repealing subsection (2) and substituting the following:
21( 2) A private investigator shall, while acting as a private investigator, carry their licence and produce the licence at the request of any person.
23 The heading “Duty of security guard respecting identification card and licence” preceding section 22 of the Act is amended by striking out “identification card and”.
24 Section 22 of the Act is repealed and the following is substituted:
22( 1) A security guard shall, while acting as a security guard, carry their licence and produce the licence at the request of any person.
22( 2) No security guard shall, while acting as a security guard, have in their possession or display any evidence of authority except their licence or handcuffs or a uniform, baton or vehicle.
25 The heading “Duty of agent respecting identification card and licence” preceding section 23 of the Act is amended by striking out “identification card and”.
26 Section 23 of the Act is repealed and the following is substituted:
23( 1) Any agent other than an agent referred to in section 21 or 22 shall carry their licence and produce the licence at the request of any person while acting as an agent.
23( 2) Any agent other than an agent referred to in section 21 or 22 shall not have in their possession or display any evidence of authority except their licence while acting as an agent.
27 Section 24 of the Act is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out “under this Act”;
(b) in paragraph (2)(b) by striking out “the licensee’s licence, the identification card issued under this Act, a uniform” and substituting “their licence, a uniform”.
28 The heading “Guard dog services” preceding section 26 of the Act is repealed.
29 Section 26 of the Act is repealed.
30 Section 27 of the Act is amended
(a) in subsection (2)
( i) in paragraph (a) by striking out “himself, herself or itself” and substituting “themselves”;
( ii) in paragraph b) of the French version by striking out “prescription” and substituting “modalité”;
(b) by repealing subsection (3);
(c) by repealing subsection (4).
31 Section 28 of the English version of the Act is amended by striking out “his or her” and substituting “the Minister’s”.
32 Paragraph 32(b) of the Act is repealed.
33 Section 33 of the Act is amended
(a) in the portion preceding paragraph (a) by striking out “for carrying into effect the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations”;
(b) by adding after paragraph (a) the following:
(a.1) prescribing the information and documents that accompany an application for a licence or renewal of a licence;
(a.2) prescribing experience and training requirements for agencies and agents;
(c) by repealing paragraph (d);
(d) in paragraph (e) by striking out “permit” and substituting “licence”;
(e) by adding after paragraph (e) the following:
(e.1) prescribing powers and duties of inspectors for the purposes of paragraph 4.1(1)(e);
(e.2) prescribing, for the purposes of paragraph 7(6)(a), the requirements of the principal office of an agency in the Province;
(e.3) prescribing qualifications for the purposes of paragraph 8(2.1)(b);
(f) by adding after paragraph (h) the following:
(h.1) prescribing, for the purposes of subsection 20.1(2), the requirements of uniforms, batons, handcuffs and vehicles;
(g) in paragraph (j) by striking out “records” and substituting “books, documents or records”;
(h) by adding after paragraph (k.1) the following:
(k.2) defining any word or expression used but not defined in this Act for the purposes of this Act, the regulations or both;
34 Schedule A of the Act is amended
(a) by adding before
the following:
(b) by adding after
the following:
| | 6(1)(c) ............... | E |
| | 6(1)(d) ............... | E |
(c) by adding after
the following:
(d) by striking out
and substituting
| | 14(1)(a) ............... | C |
| | 14(1)(b) ............... | C |
| | 14(2) ............... | C |
(e) by striking out
and substituting
(f) by striking out
| | 26(1)(a) ............... | E |
| | 26(1)(b) ............... | E |
| | 27(4) ............... | E |
Transitional provision
35 Any permit issued under section 26 of the Private Investigators and Security Services Act as it existed immediately before the commencement of this section shall be deemed to be a licence to provide guard dog services and is valid until it expires, unless it is suspended or revoked.
Commencement
36 This Act or any provision of it comes into force on a day or days to be set by proclamation.