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Private Investigators and Security Services Act

General Regulation - Private Investigators and Security Services Act, N.B. Reg. 84-103
Information about this text
In force: September 1, 1974
Consolidation: July 15, 2005

CHAPTER P-16


Private Investigators and Security Services Act


Chapter Outline

Definitions......................................................................................................................................... 1

agency — agence

agent — agent

burglar alarm agency — agence de protection contre le vol

burglar alarm agent — agent de protection contre le vol

burglar alarm system — système d'alarme anti-vol

Commission — Commission

guard dog — chien de garde

inspector — inspecteur

licence — licence

Minister — Ministre

person — personne

private investigation agency — agence de détectives privés

private investigator — détective privé

security consultant — conseiller en sécurité

security consulting agency — agence de conseillers en sécurité

security guard — gardien

security guard agency — agence de gardiennage

Exemptions......................................................................................................................................... 2

Private Investigators and Security Services

Licensing Commission.................................................................................................................. 2.1

Appointment of inspectors............................................................................................................ 2.2

Authority of Chairman................................................................................................................... 2.3

Necessity of Licence........................................................................................................................ 3

Power of Commission to grant licence........................................................................................... 4

Power of Commission to refuse licence................................................................................. 4.1, 5

Police officer ineligible to hold licence...................................................................................... 5.1

Bond and fee of licence............................................................................................................... 6(1)

Identification Card........................................................................................................................ 6(2)

Duty of agency respecting change of address, membership or employment.......................... 7(1)

Duty respecting criminal charge................................................................................................. 7(2)

Duty of agent respecting change of address................................................................................. 7.1

Expiry and renewal of licence..................................................................................................... 8(1)

Return of licensee........................................................................................................................ 8(2)

Death of licensee............................................................................................................................... 9

Secrecy............................................................................................................................................. 10

Expiration, revocation or suspension of licence.......................................................................... 11

Duty of licensee to display licence............................................................................................... 12

Duty to maintain records............................................................................................................. 12.1

Duty of private investigator respecting identification card and licence.................................... 13

Duty of security guard respecting identification card and licence............................................. 14

Duty of agent respecting identification card and licence......................................................... 14.1

Prohibition respecting collection of accounts............................................................................. 15

Prohibition respecting holding self out as police officer........................................................... 16

Guard dog services....................................................................................................................... 16.1

Complaints respecting licensee..................................................................................................... 17

Power of Commission to investigate licensee............................................................................. 18

Powers under the Inquiries Act.................................................................................................. 18.1

Repealed........................................................................................................................................... 19

Repealed........................................................................................................................................... 20

Repealed........................................................................................................................................... 21

Necessity of licence to bring or maintain action......................................................................... 22

Offences and penalties.................................................................................................................... 23

Certificate of chairman as evidence.............................................................................................. 24

Regulations...................................................................................................................................... 25

Schedule A


1                  In this Act


"agency" means a private investigation agency, security guard agency, burglar alarm agency or security consulting agency;


"agent" means a private investigator, security guard, burglar alarm agent or security consultant;


"burglar alarm agency" means the business of selling, providing, installing or servicing burglar alarm systems or of providing the services of a burglar alarm agent;


"burglar alarm agent" means a person who sells, installs, services, tests or patrols a burglar alarm system or who responds in person to alarm warnings of a burglar alarm system;


"burglar alarm system" means a system consisting of a device or devices to provide warnings against intrusion, including burglary, robbery, theft or vandalism;


"Commission" means the Private Investigators and Security Services Licensing Commission established under section 2.1;


"guard dog" means a dog used for the purpose of protecting persons or property;


"inspector" means an inspector appointed under section 2.2;


"licence" means a licence issued under this Act;


"Minister" means the Minister of Public Safety;


"person" means a natural person, an association of natural persons, a partnership or a corporation;


"private investigation agency" means the business of providing the services of a private investigator;


"private investigator" means a person who


(a)          investigates and furnishes information respecting the character or actions of a person or the nature of the business or occupation of a person,


(b)          searches for offenders against the law or for missing persons or property,


(c)           performs shopping or other services in civilian or plain clothes for a client for the purpose of reporting to him about the conduct, integrity or trustworthiness of his employees or other persons, or


(d)          performs services in civilian or plain clothes for the prevention or detection of shoplifting;


"security consultant" means a person who, for hire or reward, advises and consults on securing premises or other property and does not otherwise act as a security guard or burglar alarm agent, and includes a person who inspects premises or other property for devices capable of intercepting private communications;


"security consulting agency" means the business of providing the services of a security consultant;


"security guard" means a person who guards or patrols or provides other security services for the purpose of protecting persons or property and includes a person who


(a)          supervises and inspects security guards while they are guarding or patrolling, or


(b)          accompanies a guard dog while the dog is guarding or patrolling;


"security guard agency" means


(a)          the business of providing the services of a security guard or a guard dog, or both, or


(b)          the business of guarding, or of providing the secure transportation and delivery of, property, where a security guard is used to provide security.

1973, c.16, s.1; 1974, c.36(Supp.), s.1; 1975, c.44, s.1; 1976, c.46, s.1; 1980, c.41, s.2; 1982, c.51, s.1; 1988, c.11, s.25; 2000, c.26, s.249.


2                  This Act does not apply to


(a)          a person who, while engaged in the performance of the duties of his office or employment, is


(i)      an officer or employee of any police force of Canada, the Province, a municipality, a rural community or an agency or board established under an Act of the Parliament of Canada or of the Legislature,


(ii)     a constable appointed under the Railway Act, Chapter R-2 of the Revised Statutes of Canada, 1970, or


(iii)   an officer or employee of the Government of Canada, of the Government of the Province, or of a municipality or rural community;


(b)          a barrister and solicitor entitled to practise before the courts of the Province, while engaged in the regular practice of his profession;


(c)           the Corps of Commissionaires or any member thereof while acting within the objects of its incorporation;


(d)          a person residing in another jurisdiction who is authorized by the law of that jurisdiction to engage in the business of providing the services of a private investigator or security guard or to act as a private investigator or security guard, where he


(i)      on behalf of a client who resides outside the Province, makes an investigation partly outside the Province and partly within the Province, and


(ii)     comes into the Province solely for the purpose of such investigation;


(e)           a person who searches for and furnishes 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 does not otherwise act as a private investigator;


(f)           an insurance adjuster authorized by law to carry on business within the Province, or employees of an insurance adjuster while acting in the usual and regular scope of their employment;


(g)          an insurance company authorized by law to carry on business within the Province, or its employees while acting in the usual and regular scope of their employment;


(h)          a security guard who is an employee of a person other than a person who operates a security guard agency and whose work is confined to the affairs and to the real property of that person;


(h.1)       a private investigator who is an employee of a person other than a person who operates a private investigation agency and whose work is confined to the affairs of that person;


(i)           a person who receives no remuneration or other reward for services performed by him;


(j)           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 the person or his employee or agent and the person does not install, service, test, monitor or patrol the sytem; or


(k)           a person who is not in the employ of a burlgar alarm agency and who,


(i)      installs a burglar alarm system where all specialized and final connections necessary to make the system operable are made by a licensed burglar alarm agent on the direction of his agency employer, or


(ii)     acts as an operator to receive a signal from a burglar alarm system where the service is provided without remuneration.

1973, c.16, s.2; 1980, c.41, s.3; 1983, c.67, s.1; 1985, c.4, s.54; 2005, c.7, s.63.


2.1(1)         There shall be a Private Investigators and Security Services Licensing Commission consisting of a Chairman and two other members to be appointed by the Minister.


2.1(2)         The Lieutenant-Governor in Council may authorize that members of the Commission who are not employed within the public service be remunerated at a prescribed rate, and may provide for the reimbursement of expenses incurred by members of the Commission.

1974, c.36 (Supp.), s.2; 1980, c.41, s.4.


2.2(1)         The Lieutenant-Governor in Council may appoint inspectors to carry out the provisions of this Act and the regulations, and may appoint a Chief Inspector for the Province.


2.2(2)         The Chief Inspector is responsible to the Minister for the enforcement of this Act and the regulations and shall act in a supervisory capacity with respect to inspectors.


2.2(3)         The Chief Inspector and inspectors appointed under this Act have the power and authority of a peace officer and are ex officio peace officers within the meaning of the law for the protection of peace officers and shall be deemed to be persons employed for the preservation and maintenance of the public peace.

1975, c.44, s.2; 1982, c.51, s.2.


2.3               Any authority conferred upon the Commission pursuant to subsection 4(3), 6.1(3) or section 9 may be exercised by the Chairman, and the Chairman may direct an investigation authorized under subsection 17(2) or section 18 to be carried out by an inspector.

1980, c.41, s.5.


3(1)             No person shall


(a)          operate or hold himself out as operating an agency, or


(b)          act or hold himself out as acting as an agent,


unless he is the holder of a licence therefor.


3(2)             An agent who acts otherwise than as an employee of an agency shall be deemed to be both an agency and an employee of that agency, and shall not act unless he is licensed both as an agency and as an agent.


3(2.1)         No person who is the holder of a licence to operate an agency shall employ as an agent a person who is not the holder of a licence to act as an agent.


3(3)             Evidence of a statement in an advertisement, letter, card, document, writing or other mode of communication to the effect that a person operates an agency, purporting on its face to be made, promulgated or authorized by that person, is, in the absence of evidence to the contrary, proof of the fact that the person operates that agency.

1973, c.16, s.3; 1976, c.46, s.2; 1978, c.43, s.1; 1980, c.41, s.6.


4(1)             The Commission may grant to any person


(a)          a private investigation agency licence authorizing him to operate a private investigation agency;


(b)          a security services licence, authorizing him to operate all or any of, as is designated in the licence,


(i)      a security guard agency,


(ii)     a burglar alarm agency,


(iii)   a security consulting agency;


(c)           a private investigator's licence, authorizing him to operate as a private investigator;


(d)          a security services agent's licence, authorizing him to act as all or any of, as is designated in the licence,


(i)      a security guard,


(ii)     a burglar alarm agent,


(iii)   a security consultant;


and the Commission may attach such terms and conditions to any licence as it considers appropriate.


4(2)             An applicant for a licence shall apply to the Commission in a form prescribed by the Commission and shall furnish thereon such information as the Commission requires.


4(3)             The Commission may require an applicant to furnish such additional information and may make such investigations and may conduct such examinations as it considers necessary respecting the character, financial position and competency of an applicant.


4(4)             Every applicant for a licence shall state in the application an address for service within the Province.


4(5)             No licence to operate an agency shall be issued to any person unless


(a)          he has an office for the agency in the Province approved by the Commission, and


(b)          the person who manages the agency is ordinarily resident in the Province.


4(6)             No licence to operate an agency shall be issued to any person where he or the person who will manage the agency has been found guilty or convicted of an offence under the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970 that the Commission considers relevant to the fitness of the person to operate or manage the agency and no pardon has been granted in respect of the offence.

1973, c.16, s.4; 1977, c.40, s.1; 1980, c.41, s.7.


4.1(1)         The Commission shall on application therefor issue a licence to a person to operate an agency unless, after making such inquiry as it considers necessary, it is of the opinion that


(a)          the person does not comply with the requirements of this Act or the regulations for a licence;


(b)          the person has knowingly made or caused to be made any false or misleading statement in the application for the licence;


(c)           having regard to his financial position, the person cannot reasonably be expected to be financially responsible in the conduct of his business;


(d)          the person, or the person who will manage the agency, is not competent to act responsibly in the conduct of the business that would be authorized by the licence;


(e)           the past conduct of the person, or the person who will manage the agency, affords reasonable grounds for belief that the business will not be carried on in accordance with law and with honesty and integrity;


(f)           where the person is a corporation, partnership or association of natural persons,


(i)      the officers or directors of the corporation or the members of the partnership or association of natural persons are not competent to act responsibly in the conduct of the business, or


(ii)     the past conduct of the officers or directors of the corporation or of a shareholder who owns or controls ten per cent or more of its issued and outstanding voting shares or of the members of the partnership or association of natural persons affords reasonable grounds for belief that the business will not be carried on in accordance with law and with honesty and integrity;


(g)          the person, or the person who will manage the agency, is not in a position to observe or carry out the provisions of this Act or the regulations;


(h)          the person, or the person who will manage the agency, does not have the experience and training that, in the opinion of the Commission, is necessary to operate an agency;


(i)           the person, or the person who will manage the agency, is carrying on activities that are, or will be, if a licence is issued, in contravention of this Act or the regulations;


(j)           the person, or the person who will manage the business, is engaged in or proposes to engage in any activity, in addition to operating the agency, that may give rise to a conflict of interest;


(k)           the proposed name of the agency is so like or similar to the name of an existing agency as to be likely to cause confusion between them or to mislead persons into believing that the agency is an existing agency; or


(l)           any other ground for refusal to issue a licence that is prescribed by this Act or the regulations exists.


4.1(2)         The Commission shall on application therefor issue a licence to a person to act as an agent unless, after making such inquiry as it considers necessary, it is of the opinion that


(a)          the person does not comply with the requirements of this Act or the regulations for a licence;


(b)          the person has knowingly made or has caused to be made any false or misleading statement in the application for a licence;


(c)           the past conduct of the person affords reasonable grounds for belief that he will not act as an agent in accordance with law and with honesty and integrity;


(d)          the person is not in a position to observe or carry out the provisions of this Act or the regulations;


(e)           the person does not have the experience and training that, in the opinion of the Commission, is required to act as an agent;


(f)           the person is engaged in or proposes to engage in any activity in addition to acting as an agent that may give rise to a conflict of interest; or


(g)          any other ground for refusal to issue a licence that is prescribed by this Act or the regulations exists.


4.1(3)         No licence shall be refused under this section without giving the applicant an opportunity to be heard with counsel.

1980, c.41, s.8.


5(1)             The Commission shall not grant a licence to any person who is a minor.


5(2)             The Commission shall not grant a licence where in its opinion the granting of the licence is not in the public interest, but no licence shall be refused under this subsection without giving the applicant an opportunity to be heard with counsel.

1973, c.16, s.5.


5.1(1)         Subject to subsection (2), the Commission shall not grant a licence to any person who is a police officer under the Police Act.


5.1(2)         Repealed: 1983, c.4, s.16.

1980, c.41, s.9; 1983, c.4, s.16; 1987, c.N-5.2, s.26; 1988, c.67, s.9.


6(1)             As a condition precedent to being granted a licence, an applicant shall


(a)          unless exempted by regulation, furnish in favour of Her Majesty a bond or other security in such form and amount and subject to such terms and conditions as may be prescribed by regulation, and


(a.1)       in the case of an agency, furnish proof of liability insurance in the amount prescribed by regulation; and


(b)          pay to the Commission a fee prescribed by regulation for each licence to be obtained.


6(2)             An identification card in a form prescribed by the Commission shall be issued with each licence granted.

1973, c.16, s.6; 1980, c.41, s.10; 1991, c.12, s.1.


6.1(1)         Where an amount is due to Her Majesty under a bond furnished under this Act, a person covered by the bond who


(a)          suffered a loss as a result of the wilful act of an agent, and


(b)          has been refused compensation or has not been paid in respect of the loss by the agent or the person who is the holder of a licence to operate an agency,


is an assignee of the right of Her Majesty to recover an amount under the bond equal to the lesser of


(c)           the amount due to that person for the loss, or


(d)          the total amount due to Her Majesty under the bond,


without any act by or notice by or to Her Majesty, and without any notice to the person liable on the bond.


6.1(2)         A person who is an assignee by virtue of subsection (1) may bring an action in that person's own name to enforce payment under the bond, and Her Majesty shall not be a party to the action nor be liable for any costs in connection with the action.


6.1(3)                   The Commission shall provide a copy of the bond, certified by the Chairman of the Commission to be a true copy, to any person who files with the Chairman an affidavit setting forth that that person has suffered a loss as a result of the wilful act of the agent, and that that person has not been compensated for such loss.


6.1(4)         A document purporting to be a copy of a bond certified by the Chairman of the Commission is, without proof of the appointment, authority or signature of the Chairman, admissible in evidence in any action to recover on the bond and when so admitted is equally authentic and of equal weight in evidence as the original document.

1991, c.12, s.2.


7(1)             Every person licensed to operate an agency shall within seven days notify the Commission in writing of


(a)          any change in his address for service or in the address of any place at which he carries on business,


(b)          any change in the officers or members, in the case of a corporation, partnership or association of natural persons, and


(c)           any termination of employment of an agent employed by him.


7(2)             Where a person licensed to operate an agency or to act as an agent has been charged with an offence under the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970 or under this Act, he shall forthwith notify the Commission in writing of the charge and the particulars thereof.

1973, c.16, s.7; 1980, c.41, s.11.


7.1               Every person licensed to act as an agent shall within seven days notify the Commission in writing of any change in address for service.

1977, c.40, s.2; 1980, c.41, s.12.


8(1)             Subject to section 11, a licence expires on the thirty-first day of March of each year unless sooner revoked, and may, upon application to the Commission, be renewed annually upon payment of the prescribed fee.


8(2)             A person who holds a licence to operate an agency shall file with the Commission, upon application for renewal of a licence, a return showing


(a)          the address of each office or other place in which he engaged in the business during the immediately preceding licence year;


(b)          the names and addresses of each employee who acted for or was employed by him during the immediately preceding licence year; and


(c)           such other information as is prescribed by regulation.

1973, c.16, s.8; 1980, c.41, s.13.


9                  Where a person licensed to operate an agency dies, the Commission may grant a temporary licence for such period as is stated therein to his executor or administrator.

1973, c.16, s.9; 1977, c.40, s.3; 1980, c.41, s.14.


10                No person shall disclose, without the consent of the Commission, any information received by the Commission or any employee thereof in connection with an application or return required under this Act or in the course of an investigation authorized by this Act.

1973, c.16, s.10.


11(1)          Where a person licensed to operate an agency terminates his business, his licence expires, and he shall immediately upon the termination of his business forward to the Commission his licence and identification card.


11(2)          Where the licence of a person operating an agency is revoked or suspended, he shall immediately upon its revocation or suspension forward to the Commission his licence and identification card.


11(3)          Where the licence of a person acting as an agent expires or is revoked or suspended, he shall immediately upon its expiration, revocation or suspension forward to the Commission his licence and identification card.


11(3.1)       Where


(a)          a person licensed to act as an agent terminates his employment with an agency, or


(b)          the employment of a person with an agency has been terminated by the agency,


that person shall immediately forward to the Commission his licence and his identification card.


11(4)          Upon the suspension, revocation or expiration of a licence, an inspector may seize the licence and identification card issued to the licensee.

1973, c.16, s.11; 1975, c.44, s.3; 1977, c.40, s.4; 1980, c.41, s.15; 1983, c.67, s.2.


12(1)          Immediately upon receipt of his licence to operate an agency, a licensee shall cause it to be displayed in a conspicuous place in the office of the business for which it was issued, and for this purpose duplicate licences may be issued where the licensee has more than one office.


12(2)          Where a person is licensed to act as an agent a duplicate copy of his licence, provided by the Commission, shall be filed by his employer in the principal office in the Province of that employer.

1973, c.16, s.12; 1975, c.44, s.4; 1980, c.41, s.16.


12.1            A person licensed to operate an agency shall keep all books, documents or records which are required by the regulations to be maintained at the office for the agency in the Province which has been approved by the Commission and shall ensure such books, documents or records are readily accessible.

1983, c.67, s.3.


13(1)          No person acting as a private investigator shall wear a uniform or shall have in his possession or display any badge, shield or other evidence of authority except


(a)          the prescribed identification card issued under this Act, or


(a.1)       his licence, or


(b)          a business card.


13(2)          Every private investigator shall, during the course of his work as a private investigator, carry on his person his licence and the prescribed identification card issued to him under this Act and shall produce either or both for inspection at the request of any person.


13(3)          No private investigator who is also licensed as a security guard shall act as a private investigator while in uniform.

1973, c.16, s.13; 1980, c.41, s.17.


14(1)          Every security guard while on duty shall carry on his person his licence and the prescribed identification card issued to him under this Act and shall produce either or both for inspection at the request of any person.


14(2)          No security guard while on duty shall have in his possession or display any evidence of authority except his licence, a uniform or the prescribed identification card issued under this Act.

1973, c.16, s.14; 1980, c.41, s.18.


14.1(1)       Every agent not referred to in section 13 or 14, while acting as an agent, shall carry on his person his licence and the prescribed identification card issued under this Act and shall produce either or both for inspection at the request of any person.


14.1(2)       An agent not referred to in section 13 or 14 shall not, while acting as an agent, carry or display any evidence of authority except his licence and the prescribed identification card issued under this Act.

1980, c.41, s.19.


15(1)          A licence under this Act does not authorize a licensee


(a)          to act as a collector of accounts or to undertake, or to hold out or advertise that he will undertake, to collect accounts for any person, or


(b)          to seize or repossess property or assist in the seizing or repossession of property, or to undertake, or to hold out or advertise that he will undertake, to seize or repossess property or assist in the seizing or repossession of property for any person.


15(2)          No licensee shall


(a)          in the course of operating an agency or acting as an agent, hold out or advertise that he will undertake to collect accounts, or to seize or repossess property, for any person, or


(b)          display his licence, the prescribed identification card issued under this Act, a uniform or any other indication of authority under this Act as evidence of his authority to collect an account or assist in the collection of an account, or to seize or repossess property or assist in the seizing or repossession of property.

1973, c.16, s.15; 1982, c.51, s.3.


16                No licensee shall hold himself out in any manner as a police officer or as performing or providing services or duties connected with a police force.

1973, c.16, s.16; 1982, c.51, s.4.


16.1(1)       No person shall engage in the business of providing the services of guard dogs unless such person


(a)          is licensed in accordance with this Act to operate an agency, and


(b)          obtains a permit for each dog to be used in providing the service.


16.1(2)       The Commission may issue a permit referred to in subsection (1) if the Commission is satisfied, after extending a hearing to the applicant,


(a)          that the dog for which the permit is to be issued has been selected and trained as a guard dog in accordance with the standards prescribed by regulation, and


(b)          that the person employed by the applicant to handle the dog meets the qualifications prescribed by the regulations.


16.1(3)       A permit issued under this section shall contain the name of the person to whom the permit is issued, the name of the persons employed for the purpose of handling guard dogs, the name, breed, description and the identification mark of the dog for which the permit is issued and such other information as is prescribed by regulation.


16.1(4)       A permit issued under this section expires on the expiration of the licence of the person to whom the permit was issued and may be renewed at the same time as the renewal of the licence.

1976, c.46, s.3; 1980, c.41, s.20.


17(1)          Any person may make a complaint in writing to the Commission respecting the operation of an agency or the conduct of any person employed by the agency.


17(2)          Upon receipt of a complaint in writing, the Commission shall investigate the complaint and may, after extending to the licensee and the complainant the opportunity to be heard and to be represented by counsel, suspend or revoke the licence where the Commission is satisfied on reasonable grounds that


(a)          the licensee has abused or exceeded his authority or has improperly conducted himself in the execution of his functions,


(b)          the licensee is in breach of a term or condition of the licence,


(b.1)       the licensee has failed to maintain the bond or other security furnished by the licensee under this Act,


(c)           the licensee has failed to comply with a duty imposed upon him by this Act or the regulations or has otherwise violated this Act or the regulations, or


(d)          it is in the public interest to do so.


17(3)          For the purposes of investigating a complaint under subsection (1), an inspector may, at any reasonable time and upon the presentation of identification issued by the Minister, enter into the office of a person operating an agency and make an inspection of the books, documents and records of the person to determine whether this Act has been complied with.


17(4)          No licensee or person employed by that licensee shall withhold or destroy, conceal or refuse to furnish any information or thing required for the purposes of the inspection, or obstruct or hinder an inspector engaged in carrying out his duties under this Act.

1973, c.16, s.17; 1975, c.44, s.5; 1980, c.41, s.21; 1987, c.6, s.84; 1991, c.12, s.3.


18                In addition to the power conferred in section 17, the Commission on its own motion may investigate the activities of any licensee that are related to this Act and, after giving the licensee an opportunity to be heard with counsel, may suspend or revoke a licence for any reason set out in subsection 17(2).

1973, c.16, s.18.


18.1            In conducting a hearing under this Act the Commission may exercise the powers of commissioners under the Inquiries Act and regulations thereto, and the procedural safeguards contained in the regulations under the Inquiries Act apply to such a hearing.

1980, c.41, s.22.


19                Repealed: 1974, c.36(Supp.), s.3.

1973, c.16, s.19; 1974, c.36(Supp.), s.3.


20                Repealed: 1980, c.41, s.23.

1973, c.16, s.20; 1980, c.41, s.23.


21                Repealed: 1977, c.40, s.5.

1973, c.16, s.21; 1977, c.40, s.5.


22                No person who operates an agency shall bring or maintain an action in any court for the recovery of any fee or other compensation for any act done or expenditure incurred by him in the course of his business unless he alleges and proves that he was at the time the cause of action arose the holder of a licence authorizing him to perform the act or make the expenditure that is the subject matter of the action.

1973, c.16, s.22; 1980, c.41, s.24.


23(1)          A person who violates or fails to comply with any provision of the regulations commits an offence.


23(2)          A person who


(a)          furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations, or


(b)          fails to comply with any order, direction or other requirement made under this Act or the regulations,


commits an offence.


23(3)          A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.


23(4)          For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

1973, c.16, s.23; 1990, c.61, s.115.


24                A statement as to


(a)          the licensing or non-licensing of any person,


(a.1)       whether or not a person has obtained a permit pursuant to section 16.1,


(b)          the filing or non-filing of any document or material required or permitted to be filed with the Commission,


(c)           the time when the facts upon which proceedings are based came to the knowledge of the Commission, or


(d)          any other matter relating to such licensing, non-licensing, filing or non-filing or to any such person, document or material,


purporting to be certified by the chairman of the Commission, is, without proof of the appointment or signature of the person purporting to have certified it, admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts stated therein.

1973, c.16, s.24; 1976, c.46, s.4.


25                The Lieutenant-Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations


(a)          respecting applications for licences;


(b)          prescribing fees to be paid for licences;


(b.1)       respecting standards for the use, selection, keeping and training of dogs to be used in providing the services of guard dogs;


(b.2)       respecting the qualifications of persons employed for the purpose of handling guard dogs;


(b.3)       respecting information to be contained in a permit;


(c)           prescribing the form, amount, terms and conditions of a bond or other security required to be furnished under section 6;


(c.1)        prescribing the amount of liability insurance required for purposes of section 6;


(d)          exempting persons from the provisions of paragraph 6(1)(a);


(d.1)       governing the uniforms, badges and insignia that can be worn and the equipment that can be used by security guards;


(d.2)       requiring records to be kept and returns to be made to the Minister;


(d.3)       prescribing standards with respect to the practice and procedures used by agencies and agents in providing services that are subject to this Act;


(e)           generally, for the better administration of this Act.

1973, c.16, s.25; 1975, c.44, s.6; 1976, c.46, s.5; 1980, c.41, s.25; 1991, c.12, s.4.


26                This Act or any provision thereof shall come into force on a day to be fixed by proclamation.

1973, c.16, s.26.


SCHEDULE A
Column I
Section
Column II
Category of Offence

3(1)(a)        F

3(1)(b)        F

3(2)             F

3(2.1)         F

7(1)(a)        C

7(1)(b)        C

7(1)(c)        C

7(2)             C

7.1               C

10                F

11(1)          F

11(2)          F

11(3)          F

11(3.1)(a)  F

11(3.1)(b)  F

12(1)          B

12(2)          B

12.               C

13(1)          F

13(2)          B

13(3)          F

14(1)          B

14(2)          F

14.1(1)       B

14.1(2)       F

15(2)(a)      F

15(2)(b)     F

16                I

16.1(1)(a)  E

16.1(1)(b)  E

17(4)          E

23(1)          B

23(2)(a)      F

23(2)(b)     F


1990, c.61, s.115.


N.B. This Act was proclaimed and came into force September 1, 1974.


N.B. This Act is consolidated to July 15, 2005.