|
Changing of the Guards Countrywide Changes to Security Regulations In Progress
April, 2008
| |
|
|
|
ONTARIO PRIVATE SECURITY AND INVESTIGATIVE SERVICES ACT
The new Private Security and Investigative Services Act (PSISA) came into force in August 2007. The Act brings many changes to the Ontario security industry. The two most significant of these are the inclusion of proprietary security personnel - including retail loss prevention officers, bouncers, bodyguards, and in-house private investigators - and the introduction of mandatory training.
Businesses using security officers fall into two broad categories: registered businesses and licensed security businesses.
1. Registered businesses are non-security business employers who employ licensed officers (under the Act all officers must be licensed). These businesses are required to register under the Act. Employers are subsequently required to re-register annually. Few of the provisions under the PSISA apply to these employers. In fact, there is not even any authority for the province to refuse to register an employer or cancel an employer registration. The regulatory leverage held by the province is based on its ability to regulate the conduct of individual officers.
2. Licensed security businesses are subject to all of the duties and prohibitions that apply to individual licenses under the PSISA and more. In contrast to employers who are merely required to register, licensed businesses are subject to significantly greater reporting requirements. They are also subject to mandatory insurance provisions.
WHO IS REGULATED
One significant challenge that the Province faces is that, by definition, proprietary security personnel work for employers who are not licensed security businesses. Although these employers are required to participate in a rudimentary form of registration, they are not themselves licensees, so are effectively beyond the province's ability to compel them to comply with any of the provisions under the Act. This anomalous situation - the province holding regulatory thrall over employees but not employers - has the potential to cause problems with information flow.
Under the PSISA, a security officer is defined as a person whose work consists primarily of guarding or patrolling for the purpose of protecting persons or property. It is now an offence for any person to perform the work of a security officer without a license. For example:
* Proprietary security supervisors must be licensed because they perform the same kind of work as their officers.
* Store clerks may, on occasion, prevent theft, but do not primarily guard or patrol, so the regulations do not apply.
Licensees who carry handcuffs and/or batons will be required to complete specialized training on the use of this equipment. Unlike basic training, however, those who carry handcuffs and/or batons will be required to complete refresher training and recertification every year.
COSTS & RISKS
One-time compliance costs include alterations to uniforms and detailing on patrol vehicles, directing currently serving officers through mandatory training requirements, paying exam sitting fees, and delivering remedial training to officers who fail on the first attempt. Annually, companies will pay licence renewal fees and refresher training on use of force. The principal financial burden is the one-time expense of getting officers licensed.
The Act creates ample opportunity for non-compliance. There are more than 60 specific offences that can be committed by a security officer licensed under the PSISA. The more rules there are, the more danger there is of somebody breaking one of the rules Rule breaking can lead to licence suspensions, licence revocations, fines, prison terms, operational disruption, and loss of reputation. This makes quality training essential.
|
| |
|
By Brian Robertson
The realm of private security in Canada is undergoing a fundamental shift towards more regulation. Six provinces - British Columbia, Alberta, Manitoba, Ontario, Quebec and Nova Scotia - have initiated reform, and there will be significant changes occurring in most provinces on an ongoing basis for the next few years.
These changes don't necessarily bring harmonization, as private security is a provincial jurisdiction. The reforms may erode the ability of building owners and operators to manage security roles and they add a layer of complexity to planning and compliance.
OVERVIEW OF REFORMS
Many of the provincial security statutes that are now being amended have been in place for 25 to 35 years, during which time the private security industry has grown in leaps and bounds. Recent reforms include:
* Manitoba has required licensing and basic-level training of proprietary (in-house) security personnel since the summer of 2007. It is the first province in Canada to require licensing of proprietary security officers (including retail loss prevention officers).
* Ontario's new security legislation came into force in August 2007. Licensing requirements will take effect in August 2008, with training requirements coming into force in the winter of 2009. Licensing of proprietary security and use-of-force training are two key components of the new legislation.
* British Columbia has required training for contract security officers since 1996. Legislation passed last spring will extend the regulatory regime to include the proprietary sector (including loss prevention officers, bouncers and in-house private investigators). The longstanding prohibition on the use of handcuffs by licensed security personnel will be repealed. The Act will likely come into force this spring or fall.
* Quebec passed comprehensive private security legislation at about the same time as Ontario, but it has not yet come into force. Once the new Act takes effect, Quebec will have comprehensive mandatory training requirements along with licensing of the proprietary sector.
* Alberta intends to introduce new security legislation in the fall of 2008. If current recommendations are followed, there will be licensing for proprietary security officers and provisions for mandatory training. Unique among provinces will be the classification of loss prevention officers in a category separate from security officers and private investigators.
* Nova Scotia will likely introduce new legislation in the fall of 2008. A provincial discussion paper points to licensing for proprietary security personnel and the introduction of mandatory training requirements.
COMMON THREADS IN REFORM
A common feature of regulations throughout the country has been that contract security companies and their employees, private investigators and investigational firms must be licensed. The new reforms also share common threads even though the changes occur on a province-by-province basis.
(1) Licensing of proprietary security personnel has arrived. Four of the six provinces undergoing security regulatory reform are extending the regime to proprietary security and retail loss-prevention officers with a good likelihood that the other two provinces will follow suit. This will represent 75-90 % of the security officers in the country. Bouncers - another type of proprietary security personnel - will require licences in Ontario and British Columbia.
(2) Non-security employers will not be licensed, yet their in-house security officers will be licensed. Using the current situation in Ontario as an example, property managers with proprietary security have been placed in a situation where the regulator directly licenses their security officers. This leaves the employer out of the regulatory loop.
(3) Portable licensing permits officers to apply for and hold licenses independently of employers, giving more freedom to move from employer to employer or to work for more than one employer at a time. Portable licensing will exist in Manitoba, Ontario, British Columbia and Quebec, with possible introduction in Alberta and Nova Scotia.
(4) There will be basic level mandatory training for proprietary officers and investigators in most provinces, with some variation by jurisdiction.
(5) Mandatory use-of-force training (physical skills training on arrest and control tactics) will take effect in Ontario and British Columbia and possibly in Quebec.
(6) Expect stricter uniform and vehicle requirements designed to minimize public confusion over who is and who isn't a police officer.
MAKING THE TRANSITION
Private security regulations are catching up with the rapid growth of the industry. At this stage there are a lot of questions, making compliance across the patchwork of jurisdictions a challenge for property managers.
It sounds obvious, but a successful transition requires knowledge. Know the industry and understand the upcoming regulatory changes. The following industry groups are a good source of information on regulatory issues.
* Canadian Society of Industrial Security Inc. (CSIS) (www.csis-scsi.org)
* American Society of Industrial Security (ASIS) (www.asisonline.org)
* Canadian Security Association (CANASA) (www.canasa.org)
* Building Owners and Managers Association (BOMA) (www.boma.org)
Brian Robertson, LLB, runs Diligent Security Training & Consulting Inc., a nationally focussed security -training and regulatory-compliance consulting practice. He is a former member of the Nova Scotia Bar, a former co-ordinator of the Private Security Program at the Justice Institute of B.C., and a former security manager for the Ontario Lottery and Gaming Corporation. For further information on current developments in the security industry contact Brian at brian@diligenttraining.ca or (416) 766-1955.
|
|