Investigations Study and Review Material
What act regulates the investigative services and private security industry and governs the way
the private security and investigation industry operates in Ontario? - correct answer ✔✔ The
Private Security and Investigative Services Act, 2005 (PSISA)
When was the PSISA proclaimed into force? - correct answer ✔✔ August 23, 2007
What does the PSISA do? - correct answer ✔✔ helps professionalize the industry, increase
public safety and ensure practitioners receive proper training and are qualified to provide
private investigator services
- regulates the investigative services and private security industry
- governs the way the private security and investigation industry operates in Ontario
When was the training and testing regulation made under the PSISA? - correct answer ✔✔ -
April 15, 2010
- all private investigators must fulfill the mandatory requirements of the training and testing
regulation in order to be eligible to apply for a licence
Who needs a private investigator licence? - correct answer ✔✔ - individuals are required to
have a PI license if they perform work, for remuneration, that consists primarily of conducting
investigations to provide information on the character, actions, business, occupation or
whereabouts of a person
- Under the PSISA, loss prevention specialists are considered to be security guards and do not
require a private investigator licence
Private investigators must - correct answer ✔✔ be familiar with the PSISA to ensure they follow
the regulations and prohibitions, including code of conduct
,What are the licencing requirements under the PSISA? - correct answer ✔✔ - subsection 10(1)
of the PSISA states that in order to be eligible for a PI licence, all individuals must have
completed the required training and testing, be at least 18 years old, possess a clean criminal
record according to the clean criminal record regulation, and be legally entitled to work in
Canada
General Rules and Standard of Practice - correct answer ✔✔ - PI must always carry their licence
with them when they are working. They must also identify themselves as Private Investigators,
and show their licence if a member of the public asks them to do so. HOWEVER, these
requirements only apply to people holding themselves out as private investigators which means
that individuals performing an undercover investigation are not required to carry or show their
licence (it would endanger them or jeopardize the investigation)
- individuals are prohibited from carrying any symbol of authority, other than their licence (for
example, a metal badge is prohibited)
- PI are prohibited from holding themselves out as Police Officers, or performing police-related
duties which means they are also prohibited from using the following words when referring to
their work as a PI: detective or private detective, law enforcement, police, officer,.
What regulations govern PI's and what regulations PI's licensees be familiar with? - correct
answer ✔✔ 1. Code of Conduct
2. Eligibility to hold a Licence - Clean Criminal Record
Code of Conduct - Regulation - correct answer ✔✔ - this regulation defines what kind of
behavior is appropriate or inappropriate for private investigators to display while they are
working. PI's will find that respecting the Code of Conduct is, in most cases, a matter of
common sense. PI's are expected to treat members of the public in a respectful and professional
manner. For instance, private investigators must: act with honesty and integrity, comply with all
federal, provincial and municipal laws, treat all persons equally (without discrimination), avoid
using profanity or abusive language, avoid using excessive force, and not be under the influence
of alcohol or drugs while working.
,Eligibility to Hold Licence Regulation - Clean Criminal Record - correct answer ✔✔ - this
regulation lists a series of criminal offences which are prescribed under the PSISA.
- persons who have been convicted of one of these offences and have not received a pardon are
not eligible for a PI licence, and any application they submit will not be processed
- persons who have been convicted of or charged with an offence that does not appear in the
regulation may be eligible for a licence. The Private Security and Investigative Services Branch
(PSISB) will need to review their file to determine if any restrictions should apply. This applicant
may be given an opportunity to be heard in order to discuss their case
Public Complaints - correct answer ✔✔ - members of the public may file a public complaint
against any licensed individual or licensed company if they feel that a violation of the PSISA or
its regulations has been committed
- Public complaints can lead to facilitation. As well, the PSISB may investigative the matter and
as a result, charges may be laid against the licensee, a warning may be issued, or the licence
may be revoked.
Individuals found guilty of an offence under the PSISA could face a fine of up to - correct answer
✔✔ $25,000, imprisonment for up to one year, or both. As such, it is crucial that PI's comply
with all aspects of the PSISA and its regulations to avoid the possibility of being named in a
complaint or facing charges
PI's should have a basic understanding of the various statutes that apply to their field in Ontario,
and should be familiar with - correct answer ✔✔ - criminal, civil, case, and common law
PIPEDA - - correct answer ✔✔ - federal statute
- sets out rules that govern the collection, use and disclosure of personal information by
organizations engaged in commercial activities
- a licensed business entity engaging in an activity regulated by the PSISA is likely subject to
PIPEDA
- PIPEDA is a consent based statute. This means that licensed business entities are limited in
what third party personal information they can collect, use and disclose when they do not have
the consent of the person to whom the personal information belongs to
, Example of PIPEDA - correct answer ✔✔ - many of the items included in a credit report are
considered personal information and are protected by privacy laws. Therefore, a credit check
can be conducted with the consent of the subject
PIPEDA consent not required for the collection, use and disclosure of personal information -
correct answer ✔✔ - Regulation SOR/2001-7 enacted pursuant to PIPEDA lists publicly available
records such as some judicial records, which are not subject to the restrictions on the collection,
use and disclosure of personal information as set out in the Act
Regulation SOR/2001-6 - PIPEDA - correct answer ✔✔ licensed business entities may receive or
disclose personal information without the knowledge or consent of the individual to whom it
belongs for the purpose of investigating the breach of an agreement or the contravention of a
law if they are a corporation or other body
(a) that is licensed by a province to engage in the business of providing private investigators or
detectives and that has a privacy code that is complaint with the Canadian Standards
Association Standard (CAN/CSA-Q830-96 Model Code for the Protection of Personal
Information), as amended from time to time
(b) that is a member in good standing of a professional association that represents the interests
of private investigators or detectives and that has such a code
Freedom of Information and Protection of Privacy Act (FIPPA) - FIPPA governs - correct answer
✔✔ access to records that are in the custody or under the control of the provincial government,
designated agencies, colleges of applied arts and technology, and universities. The scope of this
Act will be extended on January 1, 2012 to cover hospitals.
- Ontario Statute (Provincial Legislation)
Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) - MFIPPA - correct
answer ✔✔ - is similar in purpose to FIPPA, except that it governs records that are in the
custody or under the control of municipalities and some related institutions.