Short title
1. This Act may be cited as the Private Investigation and Security
Services Act.
1981 c30 s1
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Definitions
2. In this Act
(a) "administrator" means the Administrator of Private
Investigation and Security Services appointed under section 3;
(b) "agency" means a private investigation agency,
security guard agency, security consulting agency or burglar alarm
agency;
(c) "agent" means a private investigator, security guard,
security consultant or burglar alarm agent;
(d) "branch office" includes a place at which the public
is invited to deal in respect of the services provided by the agency;
(e) "burglar alarm agency" means the business of selling,
providing, installing or servicing burglar alarm systems or of monitoring
a signal from premises protected by a burglar alarm system or of providing
the services of burglar alarm agents;
(f) "burglar alarm agent" means a person who sells,
installs, services, tests or patrols a burglar alarm system or acts as an
operator to receive signals or responds in person to alarm warnings of a
burglar alarm system;
(g) "burglar alarm system" means a system consisting of a
device to provide warnings against intrusion, including burglary, robbery,
theft or vandalism, or attempted burglary, robbery, theft or
vandalism;
(h) "firearm" means firearm as defined in Part III of the
Criminal Code;
(i) "licence" means a valid licence issued under this
Act;
(j) "minister" means Minister of Justice;
(k) "peace officer" means
(i) a member of the Royal Newfoundland Constabulary,
(ii) a member of the Royal Canadian Mounted Police Force
stationed in the province under a contract between the Government of
Canada and the government of the province, and
(iii) a municipal enforcement officer appointed under
the Municipalities Act or another Act incorporating or continuing a
municipality;
(l) "private investigation agency" means the business of
providing the services of private investigators;
(m) "private investigator" means a person who, for hire
or reward, investigates and provides information, and includes a person
who,
(i) searches for and provides information as to the
personal character or actions of a person, or the character or kind of
business or occupation of a person,
(ii) searches for offenders against the law,
(iii) searches for missing persons or property,
(iv) performs shopping or other services in civilian or
plain clothes for a client for the purpose of reporting to the client upon
the conduct, integrity or trustworthiness of his or her employees, or
(v) provides services in civilian or plain clothes for
the prevention or detection of shoplifting;
(n) "security consultant" means a person who, for hire or
reward, advises and consults on security systems for premises or other
property and does not otherwise act as a private investigator, security
guard or burglar alarm agent and includes a person who inspects premises
or other property for devices capable of intercepting private
communications;
(o) "security consulting agency" means the business of
providing the services of security consultants;
(p) "security guard" means a person who, for hire or
reward, guards or patrols for the purpose of protecting persons or
property and includes a person who,
(i) on behalf of his or her employer, supervises and
inspects security guards while they are guarding or patrolling,
(ii) guards or transports valuable property in an
armoured vehicle whether or not the property is owned by his or her
employer, or
(iii) accompanies a guard dog while the dog is guarding
or patrolling; and
(q) "security guard agency" means the business of
providing the services of security guards or guard dogs.
1981 c30 s2; 1988 c35 s443(16)
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Administrator and deputy administrator
3. (1) There shall be an Administrator of Private Investigation and
Security Services appointed by the minister to exercise the powers and
duties conferred or imposed by this Act.
(2) There may be a Deputy Administrator of Private
Investigation and Security Services appointed by the minister to help the
administrator and who, in the absence of the administrator, shall have the
powers and authority of and perform the duties of the administrator.
1981 c30 s3
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Register
4. The administrator shall keep a register in which he or she shall
maintain a list of the names and addresses of agents and agencies to whom
licences have been issued under this Act.
1981 c30 s4
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Exemptions from Act
5. (1) This Act does not apply to
(a) barristers or solicitors in the practice of their
profession or the permanent employees of those barristers or solicitors in
that practice;
(b) persons who search for and provide information
(i) as to the financial credit rating of persons,
(ii) to employers as to the qualifications and
suitability of their employees or prospective employees, or
(iii) as to the qualifications and suitability of
applicants for insurance and indemnity bonds,
and who do not otherwise act as private
investigators;
(c) members of The Canadian Corps of Commissionaires
while acting within the objects of its incorporation;
(d) a person who is acting as a peace officer;
(e) insurance adjusters and their employees licensed
under the Insurance Adjusters Act while acting in the usual and
regular scope of their employment or the permanent employees of the
adjusters while so acting;
(f) insurers licensed under the Insurance Companies
Act while acting in the usual and regular scope of their employment or
the permanent employees of the insurers while so acting;
(g) permanent officers or employees of a municipal
authority as defined in the Department of Municipal and Provincial
Affairs Act while so engaged in the performance of their duties;
(h) persons living outside the province who are employees
in good faith of private investigation or security guard agencies licensed
or registered in a jurisdiction outside the province who
(i) on behalf of an employer or client who lives outside
the province, make an investigation or inquiry partly outside the province
and partly within the province, and
(ii) come into the province solely for the purpose of the
investigation or inquiry;
(i) a person who sells or provides a burglar alarm system
where no survey or inspection of the premises to be protected by the
system is carried out by his or her agent or employee and the person does
not install, service, test, monitor or patrol the system;
(j) a person who is not in the employ of a burglar alarm
agency and who
(i) installs a burglar alarm system where specialized and
final connections necessary to make the system operable are made by a
licensed burglar alarm agent on the direction of his or her agency
employer, or
(ii) acts as an operator to receive a signal from a
burglar alarm system where the service is provided without remuneration;
and
(k) a person or class of persons exempted by the
regulations.
(2) An agent who is permanently employed by 1 employer in
a business or undertaking other than the business of providing services of
agents and whose work is confined to the affairs of that employer is not
required to be licensed under this Act.
1981 c30 s5
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Agency
6. A person shall not carry on or hold himself or herself out as
carrying on the business of an agency unless the person holds a licence to
do so.
1981 c30 s6
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Branch office
7. A branch office of an agency shall not be opened or operated
unless the person who carries on the business of the agency holds a
licence to operate the branch office.
1981 c30 s7
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Agent
8. A person shall not act or hold himself or herself out as acting as
an agent unless the person holds a licence to so act and is the employee
of an agency licensed to carry on the business of providing the services
of an agent.
1981 c30 s8
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Employment requirement
9. A person who holds a licence to carry on business as an agency
shall not employ as an agent a person who does not hold a licence to act
as an agent.
1981 c30 s9
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Agency licence
10. (1) A person is not eligible to hold a licence to carry on the
business of an agency unless
(a) the person is a Canadian citizen or person with the
status of a landed immigrant;
(b) where the person is a corporation, a majority of the
members of the board of directors are Canadian citizens or persons
lawfully admitted to Canada for permanent residence or ordinarily resident
in Canada; and
(c) the person who will manage the business is ordinarily
resident in the province.
(2) Notwithstanding subsection (1), where a person has
been issued a licence to carry on the business of an agency, he or she is
not eligible to hold the licence unless, in the opinion of the
administrator, within a reasonable period of time of the issuing that
person operates in the province for the agency an office approved by the
administrator.
1981 c30 s10
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Agent licence
11. A person is not eligible to hold a licence as an agent unless that
person
(a) is a Canadian citizen or a person with the status of
a landed immigrant; and
(b) is 19 years of age or over.
1981 c30 s11
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Criminal conviction
12. A person shall not hold a licence as an agent where the person has
been found guilty or convicted of an offence under the Criminal Code that
the administrator considers relevant to his or her fitness to act as an
agent and a pardon has not been granted in respect of the discharge or
conviction.
1981 c30 s12
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Manner of application
13. (1) An applicant for a licence or renewal of a licence shall apply
to the administrator for the licence.
(2) Where a person wishes to act as an agent otherwise
than as an employee of an agency, he or she shall be considered to be an
agency and to be an employee of the agency and shall not act as an agent
unless licensed as an agency and as an agent.
1981 c30 s13
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Application requirements
14. An application for a licence under section 13 shall be in the
prescribed form and accompanied by the prescribed fee and, in the case of
an agency, shall be accompanied by proof of liability insurance in the
prescribed amount and a bond in the prescribed amount and form.
1981 c30 s14
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Issue of licence
15. (1) The administrator may, upon receipt of an application for a
licence and upon the inquiry and investigation that he or she considers
necessary, issue a licence where
(a) the applicant meets the prescribed qualifications
including in the case of an agent the successful completion of a
prescribed training program; and
(b) in the administrator's opinion it is in the public
interest to do so.
(2) The administrator may issue a licence under
subsection (1) subject to the terms and conditions that he or she
considers appropriate and may remove or alter those terms and
conditions.
(3) The administrator shall require that a person of a
prescribed class who holds a licence as an agency under this Act be a
member of an association incorporated for the purposes in relation to that
prescribed class as a condition of holding that licence.
(4) Notwithstanding subsection (3), where an agency is
refused membership in the association referred to in subsection (3), the
administrator may issue a licence to that agency where that agency meets
other conditions and requirements of this Act and the regulations in
relation to the licence.
(5) Where an agency is issued a licence under subsection
(4), that agency shall immediately apply, notwithstanding a previous
application having been made, to be a member of the association referred
to in subsection (3).
1981 c30 s15
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Term of licence
16. Unless sooner suspended or cancelled a licence expires after the
prescribed period from the date of its issue.
1981 c30 s16
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Death of agency licensee
17. (1) Where a person who is licensed to carry on the business of an
agency dies, the administrator may grant to his or her executor or
administrator an interim licence for the agency and licensed employees of
the deceased licensee at the time of the death shall be considered to be
licensed as employees of the executor or administrator.
(2) An interim licence issued under subsection (1)
expires at the end of the term specified in the licence.
1981 c30 s18
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Renewal
18. (1) An applicant for renewal of a licence shall apply to the
administrator under this Act and the regulations not less than 30 days
before the expiry of the licence.
(2) Where an applicant for renewal of a licence applies
in compliance with subsection (1), the existing licence is considered not
to have expired until the applicant has received the decision of the
administrator on his or her application for renewal.
1981 c30 s19
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Issue of renewal
19. (1) The administrator may, upon receipt of an application for
renewal of a licence and upon the inquiry and investigation that he or she
considers necessary, issue or refuse to issue a renewal where in the
administrator's opinion it is in the public interest to do so.
(2) The administrator may issue a renewal of a licence
under subsection (1) subject to those terms and conditions that he or she
considers appropriate and may remove or alter those terms and
conditions.
1981 c30 s20
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Suspension or cancellation
20. (1) The administrator may suspend or cancel a licence where
satisfied that the licensee
(a) has failed to comply with or has contravened this Act
or the regulations;
(b) has failed to comply with or has contravened a term,
condition or restriction to which the licensee's licence or a bond given
under this Act is subject;
(c) has made a material misstatement in an application
for licence or in the information or material submitted by the licensee to
the administrator or other person under this Act or the regulations;
(d) has been guilty of misrepresentation, fraud or
dishonesty; or
(e) should not for another reason, in the opinion of the
administrator, be permitted to hold a licence.
(2) Where a licence has been suspended or cancelled under
this Act, the holder of the licence shall immediately return the licence
to the administrator.
(3) The administrator may reinstate a suspended or
cancelled licence for a reason that appears to be adequate, including the
meeting of a deficiency or remedying of a default by the person concerned,
because of which the licence was suspended or cancelled.
1981 c30 s21
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Duty of licensee
21. (1) A person licensed to carry on the business of an agency shall
within 5 days notify the administrator in writing of
(a) a change in the address of his or her office or a
branch of it;
(b) a change in the officers, directors or members in the
case of an association of individuals, partnership or corporation;
(c) a termination of employment of an individual licensed
under this Act; and
(d) a change affecting the management of the
business.
(2) Where a person licensed to carry on the business of
an agency or to act as an agent has been charged with an offence under the
Criminal Code or under this Act, that person shall immediately notify the
administrator in writing of the charge and the particulars of it.
(3) A person licensed to act as an agent shall within 5
days notify the administrator in writing of a change in address.
(4) Where a person licensed to act as an agent has had
his or her employment terminated, the holder of the licence shall
immediately return the licence to the administrator.
1981 c30 s22
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Termination of agency
22. A person who is licensed to carry on a business of an agency shall
return the agency licence to the administrator immediately upon the
termination of the business of the agency.
1981 c30 s23
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Agency name
23. A person shall not carry on the business of an agency in a name
other than that in which he or she is licensed.
1981 c30 s24
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Further information
24. The administrator may, for the purposes of this Act, require
further information or material to be submitted within a specified time by
an applicant, licensee or other person, and he or she may require
verification or otherwise of information or material then or previously
submitted.
1981 c30 s25
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Investigation
25. (1) A person authorized by the administrator in writing or a peace
officer or the administrator may investigate and inquire into a matter the
investigation of which the administrator or peace officer considers
expedient for the administration and enforcement of this Act.
(2) A person making an investigation under and for the
purposes of this Act has the powers of a commissioner under the Public
Inquiries Act.
1981 c30 s26
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Production of books, etc.
26. The person making an investigation under section 25 may at
reasonable times enter upon premises and demand the production of and
inspect the books, documents, papers, correspondence and records of the
person in respect of whom the investigation is being made, and a person
who has the custody, possession or control of the books, documents,
papers, correspondence or records shall produce them and permit the
inspection of them by the person making the investigation.
1981 c30 s27
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Certificate of administrator
27. A certificate signed by the administrator stating that on a
specified day
(a) a person named in the certificate was or was not
licensed under this Act;
(b) a licence was issued to a person; or
(c) the licence of a person was suspended, cancelled or
reinstated,
is admissible, in the absence of evidence to the
contrary, as proof of the facts stated in the certificate.
1981 c30 s28
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Licensee not collector
28. A licensee shall not act as a collector of accounts or undertake,
or hold himself or herself out or advertise as undertaking to collect
accounts for a person either with or without remuneration.
1981 c30 s29
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Expression prohibited
29. A person engaged in a business or employment, whether licensed
under this Act or otherwise, shall not use the expression "private
detective" in connection with the business or employment or hold himself
or herself out as a private detective.
1981 c30 s30
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Private investigator
30. (1) A private investigator, while acting as a private
investigator, shall not wear a uniform or carry or display a badge,
shield, card or other evidence of authority except the licence issued to
him or her under this Act and a business card containing no reference to
licensing under this Act.
(2) A licensed private investigator, while acting as a
private investigator, shall carry on his or her person the licence issued
to him or her under this Act and shall produce it for inspection at the
request of a person.
(3) A licensed private investigator who is also licensed
as a security guard shall not act as a private investigator while in
uniform.
(4) A licensed private investigator shall not seek or
accept employment with more than 1 private investigation agency at one
time.
1981 c30 s31
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Security guards
31. (1) A security guard shall wear a uniform that is required by the
regulations while acting as a security guard.
(2) A security guard, while acting as a security guard,
shall carry on his or her person the licence issued to him or her under
this Act.
1981 c30 s32
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Burglar alarm agent
32. (1) A burglar alarm agent who installs, services, tests or patrols
a burglar alarm system, or who responds to an alarm warning from a burglar
alarm system, shall, while acting as a burglar alarm agent, wear a uniform
that is required by the regulations.
(2) A licensed burglar alarm agent, while acting as a
burglar alarm agent, shall carry on his or her person the licence issued
to him or her under this Act and shall produce it for inspection at the
request of a person.
(3) A burglar alarm agent, while acting as a burglar
alarm agent, shall not carry or display evidence of authority except his
or her uniform and the licence issued to the agent under this Act.
1981 c30 s33
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Burglar alarm system
33. (1) A burglar alarm system that is installed by an agency shall be
comprised of the components and materials and shall be designed and
installed in the prescribed manner.
(2) Where a burglar alarm system installed by an agency
before the regulations come into force is not in conformity with them, the
regulations may provide that the owner of the system shall bring the
system into conformity on or before a prescribed date.
(3) An agency that services, tests or monitors a burglar
alarm system shall service, test or monitor the system in the prescribed
manner.
1981 c30 s34
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Restriction re peace officer
34. (1) A peace officer or a person specified in the regulations shall
not act as an agent or be eligible for licensing under this Act.
(2) An agent shall not
(a) whether by agreement with the council of a
municipality or otherwise, act as a member of a police force or as a
municipal enforcement officer or perform the duties of a peace officer or
municipal enforcement officer; or
(b) hold himself or herself out as providing the services
or duties of or connected with police or as performing services or duties
as a peace officer.
(3) Subsection (2) shall not be interpreted so as to
restrict an agent from acting under a contract to collect money from
parking meters.
(4) An agent shall not exercise, and is not given under
this Act, rights or powers other than those that a member of the public
has under the law.
1981 c30 s35
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Firearms prohibited
35. A person acting as an agent may not carry or use a firearm unless
that agent is a security guard described in a prescribed class and the
administrator in his or her discretion has authorized the carriage or
use.
1981 c30 s36
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Disclosure of information
36. (1) A person carrying on the business of an agency shall not
divulge information acquired by that person in the course of the business
to a person other than the client of the agency for whom the information
was obtained, employees of the agency or otherwise as required by law.
(2) An agent shall not divulge information acquired by
him or her in the course of the agent's employment other than to an
employer, other employees of the employer or the client for whom the
information was obtained or otherwise as required by law.
(3) A person employed by an agency in a capacity other
than as an agent shall not divulge information acquired by him or her in
the course of the person's employment other than to an employer or
otherwise as required by law.
1981 c30 s37
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Appeal to minister
37. (1) Where the administrator has refused to issue or renew or has
suspended or cancelled a licence, he or she shall inform the applicant or
licensee that the applicant or licensee is entitled to appeal to the
minister if the applicant or licensee delivers to the minister and
administrator a request for an appeal within 30 days of the refusal,
suspension or cancellation.
(2) In reviewing the refusal of the administrator to
issue or renew a licence or the suspension or cancellation of a licence,
the minister may appoint an advisory board consisting of 3 persons, at
least 1 of whom shall be the holder of a licence, which shall hold
hearings and make reports to the minister with the recommendations that it
considers appropriate.
(3) The minister shall, before making a decision
respecting the licence matter under review, consider, but is not bound by,
the reports and recommendations of the advisory board.
1981 c30 s38
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Appeal to court
38. (1) Where a person is dissatisfied with a decision of the minister
respecting the issue, renewal, suspension or cancellation of a licence,
the person may appeal to a judge of the Trial Division.
(2) Where a person proposes to appeal under subsection
(1), he or she shall, within 30 days after the decision of the minister
from which the person proposes to appeal, serve on the Deputy Minister of
Justice and administrator a written notice of intention to appeal.
(3) A notice of appeal served under subsection (2) shall
be signed by the appellant or by his or her solicitor or agent, and, in
the notice, the grounds of the appeal shall be set out; and the appellant
shall file a copy of the notice in the Registry of the Supreme Court.
(4) The appellant shall, not less than 14 days before the
hearing of the appeal, serve upon the Deputy Minister of Justice and
administrator a written notice of the day appointed for the hearing.
(5) The judge shall hear the appeal and the evidence
brought forward before him or her by the appellant and the Crown in a
summary manner and shall decide the matter of the appeal.
(6) The minister shall produce before the judge on the
hearing of the appeal papers and documents in his or her possession
affecting the matter of the appeal.
1981 c30 s39; 1986 c42 Sch B
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Offences
39. (1) A person who
(a) knowingly provides false information in an
application under this Act or in a statement, form, return, information or
material provided or submitted under this Act or the regulations;
(b) fails to comply with an order, direction or other
requirements made under this Act or the regulations; or
(c) contravenes this Act or the
regulations,
is guilty of an offence and is liable to a fine of not
more than $2,000 or to imprisonment for a term of not more than 1 year, or
to both a fine and imprisonment.
(2) A prosecution under this Act or the regulations shall
not be started or process served later than 1 year after the alleged
offence was committed.
1981 c30 s40
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Regulations
40. (1) The Lieutenant-Governor in Council may make regulations
(a) exempting persons or classes of persons from this Act
or the regulations in addition to those exempted under section 5;
(b) prescribing classes of licences and the terms and
conditions to which each class is subject;
(c) governing applications for licences and for
renewals;
(d) providing for the expiration and renewal of
licences;
(e) requiring the payment of fees on application for
licences or renewal of licences or a class of them, and prescribing the
amounts of them;
(f) requiring agents and agencies or a class of them to
have and maintain a bond in the amount, form and terms and with collateral
security that are prescribed and providing for the forfeiture or
cancellation of bonds, the disposition of the proceeds and the period that
bonds shall exist and respecting matters subsequent to forfeiture or
cancellation;
(g) governing the form and content of advertising by
agencies;
(h) regulating the management and operation of offices of
agencies or branches of them and requiring approval of them by the
administrator;
(i) requiring and governing the books, accounts and
records relating to compliance with this Act that shall be kept by
agencies;
(j) governing the uniforms, badges and insignia that
shall be worn by security guards and burglar alarm agents and requiring
their approval by the administrator and prohibiting the wearing of
uniforms, badges and insignia not so approved;
(k) regulating or prohibiting the use of equipment by
agents or certain classes of agents;
(l) governing the insignia and markings that may be used
on vehicles and requiring approval of them by the administrator and
prohibiting the use of insignia and markings not so approved;
(m) prescribing records required to be kept by an agency
with respect to its employees and the business of the agency;
(n) requiring agencies to make returns and provide
information to the administrator;
(o) prescribing forms and providing for their use;
(p) requiring information required to be provided or
contained in a form or return to be verified by affidavit;
(q) prescribing grounds for the refusal to issue, renew
or the suspension or cancellation of licences in addition to those grounds
mentioned in this Act;
(r) prescribing courses of training and educational
requirements for the licensing of persons;
(s) prohibiting or regulating and controlling the use of
guard dogs;
(t) prescribing the design of a burglar alarm system, and
the manner in which the system is to be installed, serviced, tested and
monitored, and providing for the shutting down of a burglar alarm system
where circumstances that may be prescribed exist;
(u) prohibiting or regulating and controlling the use of
automatic telephone dialing devices and taped messages to inform police of
alarm warnings from a burglar alarm system;
(v) governing the method of terminating the business of
an agency;
(w) requiring agencies or a class of them to have and
maintain liability insurance and prescribing the amount of it; and
(x) prescribing a matter that by this Act is required or
permitted to be or referred to as prescribed by the
regulations.
(2) A regulation may adopt by reference, in whole or in
part, with the changes that the Lieutenant-Governor in Council considers
necessary, a code, standard or procedure.
1981 c30 s41
©Earl G. Tucker, Queen's
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