Discussion Guide - Solicitor General and Public Security · Discussion Guide • 8 Bill 10 Security Services and Investigators Act Proposed Regulations and Policy 1.0 Licenses 1.1

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REGULATION AND POLICY DEVELOPMENTSecurity Services and Investigators Act

PROPOSED DIRECTIONS

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DISCUSSION GUIDE

Regulation and Policy DevelopmentSecurity Services and Investigators Act

Proposed Directions

Alberta Solicitor General and Public [email protected]

Alberta Solicitor General and Public SecurityPublic Security Division10th Floor, Brownlee Building10365 - 97 StreetEdmonton, Alberta T5J 3W7Fax: 780.427.5916www.solgps.ab.ca

February 2009

Regulation and Policy Development Security Services and Investigators Act

Discussion Guide • 3

Table of Contents

Message from the Minister ...................................................................5

Introduction to the Review Process ................................................................. 6

How can I provide my comments? .................................................................................. 7

Licenses ...................................................................................................................................... 8

Training ..................................................................................................................................... 19

Equipment ................................................................................................................................ 22

Uniforms ................................................................................................................................... 24

Vehicles ..................................................................................................................................... 26

Guard Dogs ............................................................................................................................... 27

Individual Reporting Provisions ................................................................................................ 28

Business Reporting Provisions ................................................................................................... 29

Code of Conduct ....................................................................................................................... 31

Forms ....................................................................................................................................... 32

Fees ........................................................................................................................................... 32

Records ..................................................................................................................................... 33

Armored Vehicle Service Defi nition ........................................................................................... 35

Weapons ................................................................................................................................... 36

Public Complaints ..................................................................................................................... 37

Inspections ................................................................................................................................ 39

Fines for Offences ..................................................................................................................... 41

Suspensions/Cancelations, Terms, Conditions ........................................................................... 41

Miscellaneous ............................................................................................................................ 41

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Message From the Minister



Introduction to the Review Process



Over the past several years, Alberta Solicitor General and Public Security have held several consultations with the security industry to review and strengthen the industry’s standards, ensure a coordinated security delivery system within the province, and enhance the safety of all Albertans.

On December 2nd, 2008, Bill 10 Security Services and Investigators Act, received Royal Assent. Solicitor General and Ministry of Public Security will be working with industry and stakeholders throughout the next year to develop regulations and policy in support of this new legislation.

We encourage you or your organization to review this document and provide us with your comments.

The closing date for feedback is March 20, 2009.

Additional pdf copies of this discussion guide are available at www.solgps.ab.ca.

There are several ways in which you can send your comments:

Mail:Security Programs10th Floor, 10365 – 97th StreetEdmonton AB T5J 3W7

Email:[email protected]

Fax:(780) 427-5916

How Can I Provide My Comments?



Bill 10

Security Services and Investigators ActProposed Regulations and Policy

1.0 Licenses

1.1 Classes of license for an individual or business:

1. Investigator 2. Security Service worker 3. Guard Dog Handler 4. Locksmith 5. Automotive Lock Bypass worker 6. Loss Prevention worker 7. Security Alarm Responder 8. Contract business license for any of the above. (A company that sells security services to the public)

9. Registered User business license – ‘in house’ use of licensees, may not contract out licensed workers. (A company that uses licensees but does not directly sell that service to other companies. i.e. a mall that hires security guards to patrol the mall but does not enter into separate contracts for security services)

• An applicant must, at time of application, indicate what class or classes of license is being sought and pay the proscribed fee.

• Locksmith licenses will only be issued as a sole license class and will not form part of a multiple license class. If a locksmith licensee wishes to hold licenses in other categories he/she must be approved to do so by the Registrar. No additional fees will apply if approved.

• Investigators may not hold a second license class as a locksmith or automotive lock bypass worker.

• Individual licenses are valid only while the licensee is working for an agency with a valid business licensee. Individual licenses, of any class, may not hold out or act as a business licensee in selling services.

• Additional clarity will be provided through policy and publications on who is required to be licensed. Examples will be given based on stakeholder FAQs.

1.2 Changes to License Class:

• A licensee can, without additional fee, apply to the Registrar on an approved form, for a change to the license class or addition of a class if the training requirements for that class have been met. (exemptions as noted above)



1.3 Exempted Individuals

• The regulations will grant an exemption to hotel/motel employees as it relates to maintenance management of key systems used for guest rooms.

• Those who perform a function listed in the act only ‘incidentally’ as it relates to their primary job function. (i.e. A corner store owner that arrests a shoplifter)

Questions:

Is there anything that you would add to or change with respect to the listed license classes?

What other issues require consideration with respect to licenses?

2.0 Individual Licensing:

2.1 Qualifi cations:

• Be at least 18 years of age • Canadian citizen or legally entitled to work in Canada • Must be competent and of good character. • Has no serious criminal record for which a pardon has not been granted. • Has no outstanding criminal charges • Is not the subject of a criminal investigation • Is fl uent in speaking English. • The applicant will be required to swear an affi davit on the application form attesting to fl uency. A license suspension or cancellation will result in cases where the affi davit was determined to be sworn falsely.



• Provide proof of successful completion of training required for the class(s) of license being sought.

• Provide proof of successful training if authority to carry a baton is being sought.

Question:

What additions or changes to qualifi cations should be considered?

2.2 Screening:

Items to be submitted with the application:

• Criminal record and criminal activity check to be completed by a police service. • A Venerable Sector search will be completed by the police service. If there is information that may be disclosed, the application will not be processed until the details are provided to the Police Service conducting the check by the federal government in Ottawa. That information will be assessed to determine if the applicant is suitable to be issued a license. • A passport photo signed by the police service at the time the criminal record/activity check is completed, attesting to the fact that the applicant is adequately depicted in the photo. • The Registrar may require the applicant to provide any further information for the purpose of considering the application. • Photos: • Must be a recent passport photo (within 3 months) • Colored • No sunglasses or hats. • As per the regulation, must be submitted with the signature of a police agency. • Fingerprints: At this time fi ngerprint submissions will not be required. Should technology become widely available that would allow the timely submission/checking of fi ngerprints, then fi ngerprints will again become a requirement.



Additional Screening:

It is not always feasible to conduct criminal record checks on person born outside of Canada. Accordingly, any applicant who was not born in Canada must submit a copy of either: • Canada Immigration Record of Landing; or • Canadian Citizenship Document

Landed Immigrants and those holding temporary immigration status are required to provide proof of being legally entitled to work in Canada before a license can be issued.

Question:

What additions or changes to screening elements should be considered?

2.3 Portability:

• Individual licenses are applied for and issued to an individual. • An individual license is no longer tied to a business licensee. • An individual license can be used at multiple places of employment without the need for additional fees, new application, etc.

2.4 Application process:

• Individuals will complete their application package and submit it via mail to the Deputy Registrar.

• Incomplete packages will be mailed back to the return address with a list showing the defi ciencies that must be remedied.

• Employers may only hire applicants for work described in the Legislation if they produce a valid license for the type of work desired.

There will be a website available to employers allowing them to verify that a job applicant has a valid license under this legislation. It will also show what type of license is associated to the license number. Names, addresses or other personal information of licensees will not be displayed.



2.5 Classes of license for an individual or business:

With approval of the Registrar, a locksmith license holder may hold other licenses provided they understand that the locksmith tools and skills may not be utilized while working under the terms of the additional license class. Locksmiths will be issued a separate license in these cases for the additional work.

Questions:

What changes should be considered for sections 2.3 to 2.5?

What additional issues should be considered as it relates to individual licensing?

3.0 Business Licensing:

3.1 Qualifi cations:

• For a licensee who contracts licensed services to others: be a registered company in Canada with an address in the province. The partners or board of directors must: • Have no serious criminal record for which a pardon has not been granted • Have no outstanding criminal charges • Is not the subject of a criminal investigation

• For a licensee who only uses the licensed services ‘in house’ and is not involved in selling licensed services: be a registered company in Canada with an address in the province.

• In the case of a sole proprietorship who contract services to others, must be; • at least 18 years of age, a Canadian citizen or legally entitled to work in Canada, • must be competent and of good character. • Have no serious criminal record for which a pardon has not been granted. • Have no outstanding criminal charges • Not be the subject of a criminal investigation



All business license applicants must provide proof of the following:

• Proof of $1 million liability insurance. • Proof of a business license or permit, if such is required by the municipality within which the business licensee operates. • A covering letter on agency letterhead, providing a basic description of services provided. • Copies of business cards and, if applicable, advertisements that are proposed to be used. • Front, back, and side photos of all uniforms for review upon application. • An agency shoulder crest example for uniforms, if applicable to the license class sought. • A listing of all equipment used by the employees. • A policy and process for managing and responding to public complaints against individual licensees that meets the minimum standards of the Act and Regulation. • The name of a contact person who is in a senior manager position for correspondence purposes. • If the business licensee applicant proposes to allow employees the use of a baton, an internal policy on use, training, and storage of this weapon.

Additional submissions: • Details on what type of individual licensees will be employed. • Front, back, and side photos of all uniforms for review upon application. • Front, back, and side photos of all vehicles for review upon application.

Questions:

What additions or changes to qualifi cations should be considered?

3.2 Guard Dog Companies:

• All of the above applies, additionally: • Guard Dog Companies are required to identify the types of duties or contracts where the guard dogs would be utilized. • Upon application, must provide a copy of the following policies and procedures: • Training and recertifi cation procedures for dogs and handlers; and • Care and handling of dogs including policies and procedures on the dogs’ feeding, housing, transportation, veterinary care, retirement and euthanasia.



Questions:

What additions or changes to submissions that must be provided by guard dog companies should beconsidered?

3.3 Screening:

Items to be submitted with an application for business licensees:

• Criminal record and criminal activity check for the owner, partners, or Board of Directors to be completed by a police service. (Not applicable to ‘in house’ agencies) • The Registrar may require the applicant to provide any further information for the purpose of considering the application.

At this time fi ngerprint submissions will not be required. Should technology become widely available that would allow the timely submission/checking of fi ngerprints, then fi ngerprints will again become a requirement.

Questions:

What additions or changes to screening should be considered?

4.0 Renewals:

4.1 Individuals:

• Each individual license is valid for a period of 2 years, unless suspended or cancelled by the Registrar. All fees are assessed at a yearly rate. • Fees are not refundable for any reason. • Individual Renewals will be submitted on an approved form and include a new photo and criminal record/activity check completed by a police service. • The photo will be signed by the police service in the same manner as an application.



4.2 Businesses:

• Each business license is valid for a period of 1 to 3 years, as described below Registrar. Those agencies who demonstrate successful compliance with legislation and policy over a long period of time will be permitted to renew with the Registrar every 2 or 3 years, as described below. All fees are assessed at a yearly rate. • All new business licenses or those business licensees who have diffi culty in meeting their obligations under legislation will be required to renew annually until 12 months of successful compliance with legislation and policy has been achieved. All fees are assessed at a yearly rate. • 24 months of successful compliance with legislation and policy will lead to a 3 year renewal period. • 2 or more breaches of legislation or policy in a calendar year may result in a business licensee having to renew on an annual basis. • Proof of insurance is required upon renewal. • Fees are not refundable for any reason. • Upon application for renewal, additional information may requested by the Registrar to support the renewal. This additional information required will be some or all records that the business licensee is required to keep under the records section of the Regulations.

Questions:

What additions or changes to screening for business licensees should be considered?

5.0 Terms/conditions:

• Upon application or renewal of a license the Registrar may add any terms or conditions to a license deemed necessary. (i.e. enhanced reporting requirements, prohibition against weapons, etc.) • After an inspection or investigation the Registrar may add any terms or conditions to a license deemed necessary. (i.e. enhanced reporting requirements, prohibition against weapons, etc.) • A licensee may only engage in the occupation for which he/she is licensed. I.e. Loss Prevention may not conduct Alarm Response duties)



5.1 Return upon cessation:

• Any licensee whose license is suspended or cancelled must return it forthwith to the Registrar.

Question:

What additions or changes should be considered in section 5?

6.0 Criminal record considerations:

The following convictions, without pardon, are considered serious and will normally result in an application for a business or individual license being denied:

• Any conviction related to serious crimes against a person (robbery, sexual assault, aggravated assault, assault with a weapon, kidnapping, etc.). • Any conviction related to offences against a child. • Any conviction related to organized crime. • Any conviction related to the traffi cking of drugs • Any conviction for crimes against an employer within fi ve years (theft, fraud, etc.). • More than one conviction showing involvement with crimes against a person within the last fi ve years (domestic assault, common assault, uttering threats). • More than one conviction for other criminal or drug offences within fi ve years of application. • Any criminal/drug investigations within six months of the application will be reviewed to determine if the fi le is open. If the fi le is open the application will be denied until resolution has been reached. The applicant will be required to sign a release to allow the Registrar to conduct a further review.

Questions:

What changes or additions should be considered in relation to types of offences that could disqualify a person from holding a license?



What, if any, would you delete from the list above? Please provide a rationale for deletion.

7.0 Locksmiths:

• Locksmith tools do not include common devices utilized for duplicating non-master keys.

7.1 Automotive Bypass License:

• A sub class of the locksmith license that allows a person to posses only tools utilized for the purposes of facilitating entry to a vehicle. It does not authorize the license holder to work on non-automotive locks. • A business licensee is required to track the tools issued to individual licensees and ensure they are returned upon termination of employment.

Question:

Are there additional issues that should be covered in regulation or policy in relation to locksmiths andautomotive bypass licensees?

8.0 Alarm Response License:

• Will not capture business owners or managers who are required to attend their business after hours to verify the validity of an alarm as their primary occupation is not as an alarm responder, nor are they employed by an alarm responder company.



• Alarm response companies often have keys, access codes, vacation schedules of families or businesses, etc. who subscribe to their services. As such they have additional responsibilities to safeguard this information. • Business licensees holding an alarm response license must ensure all staff employed by that business with access to clients’ personal or sensitive information undergo criminal record checks every three years. These criminal record checks must be kept on fi le for audit purposes. • Business licensees holding an alarm response license must provide for effective and safe storage of clients’ personal or other sensitive information. (i.e. alarmed offi ces, safes, secure fi le cabinets, etc) • There will be an offence under Regulation if the business licensee fails to comply with these provisions.

• Alarm response is not an emergency service and licensees must adhere to all traffi c laws while responding to the site of an alarm.

Question:

Are there additional issues that should be covered in regulation or policy in relation to alarm responselicensees?

9.0 Loss Prevention:

• A loss prevention worker must identify themselves as such to a person subsequent to an arrest being made.

Questions:

What additional provisions should be considered in relation to loss prevention licensees?



10.0 Proof of License:

• Individuals who are successful in obtaining a license will be issued a card showing their photograph, name, license number, type of license, and expiry date. Terms, conditions or other provisions will appear on the reverse.

• Business licensees will be issued a paper license for the activities for which they are licensed. Terms, conditions or other provisions will appear on this document.

Question:

Do you have comments related to proof of license provisions?

11.0 Training:

Will come into effect for Security Service, Loss Prevention, Alarm Response, and Dog Handler licensees oneyear after proclamation. (one exemption as noted)

Will come into effect at a date to be determined for Investigator licensees.

11.1 General Background:

The Premier and the Government of Alberta has committed to two agreements on internal trade:

1. The Trade Investment Labour Mobility Agreement (TILMA). Between BC and AB.

Will:

reduce or eliminate barriers to trade, investment and your ability to work in both provinces; • increase opportunities to work; • make it easier to fi nd workers or attract investment capital; • reduce costs on the goods and services you use every day; and • benefi t all residents of Alberta and British Columbia.



It also enhances the ability of workers to move from one province to the other and streamlines business registration and reporting requirements.

2. The Agreement on Internal Trade (AIT) - A national agreement.

The Agreement on Internal Trade (AIT) is an intergovernmental trade agreement signed by Canadian First Ministers that came into force in 1995. Its purpose is to reduce and eliminate, to the extent possible, barriers to the free movement of persons, goods, services, and investment within Canada and to establish an open, effi cient, and stable domestic market.

On August 10, 2007, Canada’s Premiers agreed that governments must work together to bring all regulated occupations into

full compliance with current AIT obligations by April 2009.

The impact these two agreements have on training requirements is to establish an Alberta training standard, equivalent to other provincial standards, which will allow for Alberta licensees to be licensed in other provinces. The intent is that if the training is equivalent across Canada, licensees can freely move between jurisdictions without having to retrain to a different standard.

• Accordingly, this regulation proposes that loss prevention workers, security workers, alarm responders, and dog guard handlers be required to take a course, of a, in-line with what is already in place or proposed in other provinces. This course would cover topics such as:

• Powers of arrest through the Criminal Code of Canada, • Charter of Rights and Freedoms • Use of force theory, • Legal issues and responsibilities, • Confl ict resolution skills, • Evidence collection, and • Giving testimony in court.

To harmonize in accordance with AIT and TILMA, it is anticipated that the course of instruction for security licensees would be roughly 40 hours in length. The exact length of the course can vary, provided that course requirements and learning outcomes, as set by the Government of Alberta, are suitably met.

• Investigators will be required to take a basic course, in-line with what is proposed or delivered in other provinces. This training will be developed in consultation with other provinces and territories to ensure compliance with TILMA and AIT requirements.

• Locksmiths and automotive lock bypass licensees are not required to take training at this time.

• Consideration will be given to allowing individuals to challenge the basic training course by passing a series of tests. Those who pass may not be required to take all or some of the basic training course.



11.2 Training Delivery

The Government of Alberta will develop a full course that meets TILMA and AIT obligations. Any companies or post secondary institution may apply to the Registrar to be approved to deliver this course to the public. The Registrar will require agreement from the provider to deliver the course in accordance with conditions that will ensure course content integrity.

All agencies that are designated to teach this course will be subject to course audits to ensure content integrity.

Questions:

What type of training should be provided to assist with enhancing the safety of licensee and the public?

What suggestions do you have to improve the ability for licensees to obtain this training in Alberta?

11.3 Equivalencies:

Certain background and training will be considered equivalent to the basic training course requirement.

• Post secondary certifi cate, diploma, or degree in security, law enforcement, or corrections related discipline. • Successful completion of a Canadian police or peace offi cer basic training program. • Others as approved, in writing, by the Registrar.

Question:

Please list additional submissions for consideration for equivalencies.



11.4 Grandfathering:

• All those individuals holding a license upon proclamation of the Act and Regulations are grandfathered and are not subject to basic training requirements, except Investigator licensees.

• Investigator licensees, who can demonstrate they have been employed in the industry for 3,000 hours in the two years before applying for a license, will not have to complete a basic training program.

Question:

What additional issues should be considered for review as it relates to the grandfathering and training?

11.5 Baton training: (This section comes into force upon proclamation and is not subject to grandfathering provisions)

Those licensees who wish to carry a baton must provide proof of successful completion of a 40 hour use of force course. The most common and readily available course type is the Pressure Point Controls Tactics (PPCT) course. Other courses may be deemed suitable for the issuance of a baton if they are at a minimum 40 hours in length and approved, in writing, by the Registrar.

Question:

What other types of baton training would adequately provide for the safety of licensee and the public?

12.0 Equipment:

• Badges may not be used by a licensee. (metal/plastic badges that are normally termed ‘police’ style badges)



A badge is not a legal document and is not suffi cient for legally identifying a licensee to the public as being licensed to perform their function. The use of badges, especially by plain clothed licensees, creates the potential to be mistaken for law enforcement offi cers.

The license identifi cation card issued through the act is the only legal identifi cation document for those within this program.

• Internal or external body armour is permitted for use by individual licensees at the discretion of the business licensee. If an external carrier is worn it must be marked in accordance with the uniform regulation.

• The Registrar, through policy, may prohibit certain types of equipment from being used by a licensee based upon a review and if it is deemed to be in the public interest.

• Any licensee, except locksmiths or automotive bypass licensees, may utilize handcuffs. Employers must ensure adequate training is provided on the use of this equipment.

• Flashlights will be not be bigger than a ‘4 cell’ fl ashlight.

• Anyone using two-way radios is required to have a radio communications licence, or if they are renting the radios from a supplier, is to be licensed as per the Radio Communication Act.

• Radio Communication Regulations prohibits the use of police scanners, unless you have written permission from the police service you are monitoring. You are then required to apply for a radio licence through Industry Canada.

Questions:

What additional considerations should the government review as it relates to equipment for the purposes of regulation or policy?

What equipment should be permitted for use by licensees?



13.0 Uniforms:(Comes into effect 12 months after proclamation to allow licensees to wear out existing stock levels)

13.1 General:

Unless exempted, a licensee shall wear a uniform as prescribed by this regulation while on duty.

• Exemptions: Loss Prevention, locksmiths, and automotive lock bypass licensees are not required to wear a uniform.

• Investigators may not wear a uniform while engaged in work relating to an investigator license. Investigators who hold a dual license for another licensed activity must comply with uniform requirements while performing duties in relation to that license.

• If a loss prevention licensee wishes to wear a uniform it must be as described in this regulation.

• The Registrar may, if in the Registrar’s opinion it is appropriate, exempt any licensee who is required to wear a uniform on a case by case basis by adding a term or condition to the licensee’s license. (i.e. security workers performing bodyguard services)

• Locksmiths and bypass licensees may wear a ‘uniform’ as directed by their company but it may not resemble a law enforcement or security guard licensee uniform. (i.e. coveralls, or shirt with company name)

• Uniforms may be of any color desired by the business licensee.

• Uniforms may not bear rank insignia of any style.

• Badges may not be affi xed to any part of a uniform. (Badge defi nition does not include ID cards)

The following requirements apply to all uniforms:

• May not have any color of stripe on a pant or hat band, unless that stripe is refl ective white in color.

• May have white refl ective striping as desired by the business licensee

• Must have the term “SECURITY” or “SECURITY GUARD” in upper case letters not less than 1.5 centimeters high in a color that contrasts with the dominant color of the uniform permanently affi xed to the chest of all shirts, sweaters, vests, coveralls, and jackets. (i.e. if a black or dark blue uniform is worn the lettering must be white in color)



• Must have the term “SECURITY” or “SECURITY GUARD” in upper case letters not less than 5 centimeters high in a color that contrasts with the dominant color of the uniform permanently affi xed to the back of all shirts, sweaters, vests, coveralls, and jackets.

• Must bear a shoulder fl ash on the upper sleeve of all shirts, sweaters, coveralls and jackets clearly displaying, at a minimum, the employing agency name, or alternately must bear shoulder epaulettes clearly displaying, at a minimum, the employing agency name.

• If a vest is worn it must be worn with a shirt or sweater marked in the manner prescribed above. The Vest must also be marked front and back with the lettering described above.

• Shoulder fl ashes must not resemble a police or peace offi cer agency shoulder fl ash.

• In some work environments it may be desirable for licensees to wear business attire in the form of a suit or blazer. Those licensees desiring to utilize suits or blazers must ensure that an ID card is worn on the lapel of the blazer or suit suitably displaying the title “SECURITY” or “SECURITY GUARD” and the employing agency.

Questions:

Do you have any feedback on the uniform provisions listed above?

What additional issues would you like to see covered in regulation or policy?



14.0 Vehicles:(Comes into effect 24 months after proclamation to allow licensees time for budgeting and ‘mile out’ vehicles where possible)

14.1 General:

• May be of any design or color desired by the business licensee.

• If marking are to be utilized they must be done in accordance with these provisions:

• The word “SECURITY’ or ‘SECURITY SERVICES’, in upper case letters, must be prominently displayed in a color that contrasts with the color of the vehicle, • On both sides of the vehicle in letters not less than 10 centimeters high • On the front and back of the vehicle in letters not less than 8 centimeters high. • The agency crest must appear on the both sides of the vehicle. The crest must clearly display, at a minimum, the employing agency name.

Vehicles may not:

• Have any red, blue, yellow, gold or grey stripes of any combination of these colored stripes, except as contained within the licensee’s cresting.

• Be equipped with a siren

• Flashing lights of any color in contravention of the Vehicle Equipment Regulation. (lightbars, deck lights, dash lights, corner strobes, wig wags, etc.)

• Only agencies who have received permission from Alberta Transportation may affi x a yellow fl ashing lightbar to their vehicle when traveling on public roadways.

• Have search lights affi xed to the vehicle.

• Agencies who operate solely on property to where the public has NO access may utilize a removable yellow fl ashing light for safety purposes. This light must be removed when the vehicle leaves private property.

Questions:

Do you have any feedback on the vehicle provisions listed above?



What additional issues would you like to see covered in regulation or policy?

15.0 Guard Dogs:

This regulation does not intend that dogs or handlers involved in the following activities require a license or otherwise are captured by the legislation:

• Dogs that are turned loose into fully enclosed areas where the public does not have right of access and the area is suitably secured to prevent the public from coming into accidental contact with the dog. (i.e. warehouse or storage yard)

• Individuals that transport these dogs to and from these locations.

15.1 Use:

• Only a dog handler licensee may utilize a dog in accordance with this section.

• A dog may be used for tracking or detecting people or things.

• A dog may be used for defense of the dog handler or other person, but may not be used to control a crowd or pursue or restrain an individual.

• A dog must be on a lead and under the control of the handler at all times.

Question:

What additional provisions should be considered in relation to use of guard dogs?



15.2 Training:

• A dog must be trained to: • obey the dog handler. • not to display unnecessary aggression. • not to kill or seriously injure a person or animal.

A license will not be issued to a dog handler business or individual until suffi cient proof is provided to the Registrar that a training program refl ecting the above is a company policy and that each dog has successfully complete the training before being used in the fi eld.

• A dog handler must be: • Trained in the basic security course detailed in regulations in addition to dog handler training. • Able to demonstrate suffi cient control of their dog. • Able to demonstrate suffi cient knowledge of the provisions of the regulations relating to how dog may be utilized. Question:

Is the list of training requirements suffi cient to ensure the safety of the handler and the public? If not, what should be added?

16.0 Individual Reporting Provisions:

An individual must report:

• On the approved form provided by the Registrar within 24 hours of the event: • Any event in which the licensee has been charged or convicted of an offence under the Criminal Code, Controlled Drugs and Substances Act, or any other enactment of Canada. • A loss of license.

• Situations described in section 18 (a) and (b) of the Act must be reported to the Registrar within 30 days.



Individual licensee obligations

18 An individual licensee must, in accordance with the regulations, report in writing to the Registrar

a. a change of address, b. a change in any information provided to the Registrar when the application for the individual licence or the renewal

of the individual licence was made,

• It is anticipated that administrative reporting provisions (i.e. change of address) will be able to be completed via the internet.

• Reporting may also be done by fax or mail if desired, provided the reporting time requirements are met. I.e. if required to report within 24 hours mail will not be suffi cient to meet the requirement.

17.0 Business Reporting Provisions:

The following reporting requirements found in section 19 of the Act must be reported on the approved form within 24 hours:

• Sections 19(d), (e), (f), (g), (h), (i) and

• Every instance that a dog utilized by a licensee attacks, bites, or injures a person.

19 A business licensee must, in accordance with the regulations, report in writing to the Registrar

d. the use of a weapon by an individual licensee employed or engaged for services by the business licensee in the course of the individual licensee’s duties, e. any allegation that an individual licensee employed or engaged for services by the business licensee has committed a criminal offence, f. a criminal charge or any conviction of a criminal offence against the business licensee or an employee of the business licensee, g. any incident allegedly involving a breach by a licensee of the code of conduct established pursuant to the regulations, h. any incident involving serious injury to or the death of an individual licensee employed or engaged for services by the business licensee, i. any incident involving serious injury to or the death of another person alleged to have resulted from the actions of an individual licensee employed or engaged for services by the business licensee,

The following reporting requirements found in section 19 of the Act must be reported on the approved form within 30 days:

• Sections 19(a), (b), (c), and



• When a licensee is terminated from their employment ‘for cause’. The details of the termination must be included in the event it may impact the suitability of the individual to continue to hold a license under the Act and regulations.

19 A business licensee must, in accordance with the regulations, report in writing to the Registrar

a. a change of address of the principal offi ce for the business, b. a change in any information provided to the Registrar when the application for the business licence or the renewal of the business licence was made, c. the names of the individual licensees employed or engaged for services by the business licensee,

• It is anticipated that most reporting provisions will be able to be completed via the internet using a secure agency account that will be set up upon application or renewal.

• Reporting may also be done by fax or mail if desired, provided the reporting time requirements are met. I.e. if required to report within 24 hours mail will not be suffi cient to meet the requirement.

Questions:

What additional items should be reported to the Registrar as a regulatory requirement?

Are there changes you would make to the time that is given in which to report issues? If so, whatchanges would you like to propose?

17.1 General reporting:

• A business licensee will provide to the Registrar front, back, and side photos of all uniforms for approval prior to a change in uniform being implemented.



• A business licensee will provide to the Registrar front, back, and side photos of all vehicles for approval prior to a change in vehicle markings being implemented.

• A business licensee will check annually that their individual licensees continue to hold a valid license.

Question:

Do you have any additional submissions with respect to reporting provisions?

18.0 Code of Conduct:

While on duty, every licensee (business or individual) shall abide by the following code of conduct:

A licensee will:

• Act with honesty and integrity • Comply with all federal, provincial and municipal laws. • Respect the privacy of others by treating all information received while working as a licensee as confi dential, except where disclosure is required as part of such work or by law. • Abide by their employer’s code of conduct in addition to the provisions of this code of conduct.

A licensee will not:

• Engage in disorderly or inappropriate conduct, • Use unnecessary force, • Withhold or suppress information, complaints or reports about any other licensee, • Wilfully or negligently make or sign false, misleading or inaccurate statements, • Consume alcohol, • Consume controlled drugs or controlled substances under the Controlled Drugs and Substances Act (Canada) • Possess controlled drugs or controlled substances the possession of which is prohibited by law. • Wilfully or negligently make a false statement or complaint against another licensee



Questions:

Is the Code of Conduct suitable for those licensed under the legislation?

Please list any changes you would like to have considered.

19.0 Forms:

• A number of forms will be developed supporting applications, renewals, background checks, reporting, etc.

Question:

Please provide general comments as they relate to forms here.

20.0 Fees:

Business License Fees:

Investigator $500.00 per year Locksmith $500.00 per year Guard Dog Services $500.00 per year Automotive Bypass $400.00 per year Contract Security, Alarm Response, Loss Prevention $500.00 per year ‘Registered Business’ that employs licensees on an ‘In House’ basis: $400.00 per year



Individual License Fees: (valid for 2 years)

Investigator $160.00 for 2 years Locksmith $160.00 for 2 years Automotive Bypass, Security, Alarm Response, Guard Dog, or Loss Prevention $100.00 for 2 years

• Fees may be paid by certifi ed cheque, money order, or credit card.

• Credit card payments may be made by fi lling out the approved form allowing the Registrar’s offi ce to process the payment.

• No cash payments will be accepted.

• Certifi ed cheques or money orders are made payable to the Minister of Finance.

Question:

Please provide your feedback as it relates to fees and payment methods below.

21.0 Records:

Every business licensee shall keep the following records in manner providing for the effective and safe storage of client’s personal or other sensitive information: (i.e. alarmed offi ces, safes, secure fi le cabinets, etc)

• A record detailing where each individual licensee was employed and the locations where he or she provided licensed services in the course of that employment.

• Records detailing all information reportable to the Registrar specifi ed in section 19 of the Act and in regulation. • Every licensed business entity shall retain the records required under the Act, regulations and policy for two years or, if any such record is relevant to an ongoing investigation, inspection, complaint, court proceeding or administrative proceeding, until the conclusion of the matter.



• For the purposes of the above, a court proceeding or administrative proceeding is concluded once a decision is rendered and all rights of appeal or review have expired or been exhausted.

• Copy of agreements with clients.

• Copies of invoices and proof of payments in relation to the work a licensee is approved to undertake.

• For the purposes of section 32(c) of the Act, records must be kept by a business licensee on all ‘material’ use of force incidents by individual licensees.

32 A business licensee must keep complete records

(c) in accordance with the regulations, of any incident where an individual licensee employed or engaged for services by the business licensee used force,

• ‘Material’ - will be defi ned as force that goes beyond normal restraint such as minimal force used to escort a person from or to a location. Physical altercations in which a person had to be forcefully restrained, arrested, or in which handcuffs are applied are considered ‘material’ in nature and a record must be kept. These records will be subject to audit at the direction of the Registrar.

21.1 With respect to investigator services:

• all notes and reports prepared by the private investigators employed by the licensed business entity, • all photographs and video, audio or other electronic records produced or obtained in the course of providing the services.

21.2 For a dog handler licensee or business: • a record of the training the dog received, • evidence that the dog handler has been trained in the use of dogs in relation to security services, • a copy of the licensed business entity’s policies and procedures on the care and handling of dogs, including policies and procedures on the dogs’ feeding, housing, transportation, veterinary care, retirement and euthanasia, and • a log detailing each time that the licensed business entity issued a dog to an individual licensee for the provision of services and the name of the licensee to whom the dog was issued.

Any of the above information shall be provided to the Registrar as requested either as a function of renewal or an audit or investigation.



Questions:

What additional records should be kept by business licensees?

What changes should be considered for records that are proposed for retention?

Should the use of handcuffs be treated as a material use of force and a record kept by the businesslicensee documenting use?

22.0 Armored Vehicle Service Defi nition:

• A company that performs services related to the transportation of property in an armored vehicle with armed guards.

• Armored vehicle means a motor vehicle constructed or adapted • to protect its occupants from forced entry, and • to protect its occupants from fi rearms.

Question:

Is this defi nition suitable to capture armored car operations? If not, please provide feedback andsuggestions.



23.0 Weapons:

• The Registrar will approve the use of Batons for Security, Alarm Response, Investigator, Guard Dog Handler, or Loss Prevention licensees under this legislation once the appropriate training has been successfully completed by the applicant.

• Firearms will not be approved for use under the provisions of this legislation except in rare situations where the Federal Chiefs Firearms Offi cer for the Province of Alberta approves the issuance of a fi rearm to a licensee through Federal Legislation (section 20 of the Firearms Act (Canada)). In this event the Registrar will conduct a review to determine if it would be appropriate to add a term/condition allowing for the carrying of a fi rearm, after consultation with the Chief Firearms Offi cer and the licensee.

• OC Spray (Pepper Spray) is not permitted for use by licensees under this legislation. *OC Spray is a prohibited weapon under the Criminal Code of Canada.

• Other weapons not permitted by licensees: SAP gloves (lead lined gloves), PR 24 nightsticks, shock sticks, conducted energy weapons, or any other prohibited weapon as defi ned by the Criminal Code of Canada.

• Batons shall be no longer than 26 inches in length while deployed.

• Re-certifi cation on the use of baton shall be at a minimum every 36 months.

Questions:

What, if any, additional provisions should be considered for licensees with respect to weapons?

Should any changes be made to the proposals set forth in this section?



24.0 Public Complaints:

• A complaint is captured under the auspices of the act and regulations if it is made in writing to the business licensee. If a complainant is unable to provide a written document due to a valid reason such as language barrier or disability, then the business licensee shall take what steps as are necessary to have the complaint recorded in writing.

• How business licensees handle verbal or other non-written concerns is not a mandated component of the program.

Question:

What additional considerations should the government consider as it relates to complaints made bymembers of the public?

24.1 Criminal matters:

• Business licensees are responsible for reviewing complaints to determine if allegations of criminal misconduct are contained. Any allegations of criminal misconduct must be turned over to the police service of jurisdiction for investigation and the complainant notifi ed forthwith.

• If during the course of an investigation that was not initially identifi ed as potentially criminal, and criminal misconduct is uncovered, the business licensee is required to report the matter to the police service of jurisdiction and then to the Registrar.

• In cases of criminal misconduct the business licensee should take all reasonable steps necessary to avoid contaminating any resulting police investigation while conducting their own review.

Question:

Are there additional issues that require consideration in relation to criminal allegations againstlicensees?



24.2 Alternative Dispute Resolution:

• Section 25(2)(b) of the act allows for a business licensee to refuse to investigate or may discontinue the investigation of a complaint if, having regard to all of the circumstances, no investigation is necessary.

• This section was primarily designed to capture complaints that are resolved ‘informally’ under the processes that the business licensee has developed. This is intended to allow a quick resolution if both the complainant and business licensee agree to resolve the dispute informally.

• This section may also be used in those unforeseen circumstances where an investigation is not required based on an evaluation of the circumstances. This section does not alleviate the need for authorized employers to exercise effective management and due diligence in dismissing the complaint. (i.e. the subject of the complaint no longer works for the business licensee)

• All complaints resolved in this manner must be reported to Registrar as per the Act.

Question:

Please provide feedback on this section below.

25.0 Investigations Conducted by Registrar under section 27:

The Registrar may conduct investigations under section 27 of the Act.

• The Registrar will delegate investigations to investigators employed by the Public Security Division as required. Investigations will follow a protocol similar to that shown in the inspection section, with the exception of a thirty (30) day notifi cation period. It is recognized that investigations are usually serious in nature and, as it is in the interest of both parties to deal with the matter quickly, the Registrar shall make reasonable efforts to provide as much notice as possible prior to arriving.

• Once the Registrar commences an investigation, written updates of the investigation to the complainant, licensee(s) involved, and business licensee will occur every forty-fi ve (45) days. A disposition letter will be sent to the same upon conclusion of the investigation by the Registrar.



The form of an investigation may include, but is not limited to:

a) Review of any internal investigation that may have already been conducted, b) Interview(s) with licensee(s) or other person(s) involved, c) Interview with witnesses or complainants , d) Review of any reports created relating to the incident, and e) Any other information deemed to be relevant to the investigation.

The Registrar is required to report any criminal matters to the police service of jurisdiction.

At the conclusion of an investigation, the Registrar will work with the business licensee to correct any detected issues unless there are opposing circumstances concerning the public interest, a legal matter, breach of the code of conduct or considerations pertaining to serious or sensitive issues.

Where concerns exist about the public interest, a legal matter, breach of the code of conduct, a serious or sensitive issue, or where a business licensee is unable to implement changes to become compliant with legislation, the Registrar may:

• Add terms or conditions to a license,

• Suspend or cancel a license.

Question:

Does this process meet the needs of business licensees? If not, what would you change?

26.0 Inspections:

• The registrar may appoint persons or persons within a class of persons as inspectors or to otherwise carry out the duties and functions of the Registrar.

• To ascertain compliance with this legislation an inspector may enter any place, except a residence, to determine if an individual licensee is in compliance with Legislation or policy requirements.



26. 1 Inspections at offi ce locations:

• The Registrar will notify the business in writing, thirty (30) days in advance of an inspection taking place at the licensee’s head offi ce. The date and time will be suitable to both parties involved and, except in unusual circumstances, occur during normal business hours.

• The business licensee will facilitate this process by providing a private working space and photocopier if possible.

• In the event books, records, reports, documents, or other items need to be removed a receipt for those items will be issued and they shall be returned within a reasonable period of time.

• Access to all records pertaining to program operations shall be made available upon request. This includes access to all data recorded in electronic format.

• Photographs of equipment or any other relevant items may be taken.

• Interviews with licensees or other staff may be conducted.

• Upon completion, a letter detailing what immediate steps must be taken to deal with detected safety/legal issues, if any, will be sent to the licensee by registered mail within three business days.

• Within 120 days, a formal report of the fi ndings will be sent to the business licensee and may include recommendations or directions to assist in complying with the act, regulations, and policy.

• Charges under the Act or regulations may be laid at the time of the inspection or after the inspection has occurred.

Note: Inspections at locations where individual licensees work ‘in the fi eld’ will be conducted on a regular basis and no prior notice of Inspection will be provided in these circumstances.

Question:

Does this process meet the needs of business licensees? If not, what would you change?



27.0 Fines for offences (POPA)

• Section 45 of the Act details a number of offences that will be ‘ticketable’, much the same was as a speeding ticket.

• Fines for these offences will be determined through the legislative process and be refl ective of the severity of the offence.

• All other violations in the act will result in a mandatory court appearance by the accused. This includes conducting a licensed activity without a license.

Question:

Please provide feedback in relation to fi nes/offences here.

28.0 Suspensions/Cancelations, Terms, Conditions

• The Registrar will notify a licensee holder in writing about a suspension, cancellation of a license or any new terms or conditions.

• In the case of a suspension, cancellation, new term/condition for an individual licensee, the business licensee(s) that employ that individual will also be notifi ed in writing.

Question:

Should any additional issues be considered for this section?

29.0 Miscellaneous:

• Civil Enforcement Sheriffs, Bailiffs, or debt collectors may not hold a license under this legislation.



• Police offi cers may hold a license under this legislation if the following provisions are met: • Letter from Chief of Police, or if an RCMP member - the Commanding Offi cer of K Division, granting permission to hold a license under this legislation. • A letter of understanding from the police applicant that they undertake not to utilize any police powers issued to them while performing duties, prescribed by the license issued under this legislation.

• Any notice to a licensee under the Act or regulations is considered valid if directed to the address of record for that licensee.

Section 36:

Section 36 of the Act is designed to ensure that agencies are not performing police or law enforcement services. It is appreciated that this area may, at times, require clarifi cation. In the event a circumstance arises in which there is a question, advice should be sought from the Registrar before engaging a licensee to perform work.

General guidelines on this topic appear below:

1) The patrolling of buildings and property and detecting of theft or other crimes within or belonging to a business, individual, or other entity by a licensed company is an activity currently permitted as these places are clearly private property. Legal authorities of a private citizen and agents of the property owner, usually security guards, are clearly detailed in the Criminal Code (CC) under section 494.

2) The patrolling of municipal parks, while not as clear as building patrols, is not a contravention of this section as these parks are usually owned by a municipality and can be considered private property.

3) A security, loss prevention, or guard dog licensee being engaged to patrol public streets, sidewalks and property for the purposes of crime reduction, detecting crime, responding to crimes or public disorder offences is an activity not permitted under this section. The provision of security, guard dog, or loss preventions services to what is clearly public property is the sole responsibility of law enforcement.

Question:

Should any additional issues considered for this section?

Please use these pages to provide any other feedback desired.If necessary additional pages can be attached.

Thank you for your participation.

General Feedback





Please use these pages to provide any other feedback desired.If necessary additional pages can be attached.

Thank you for your participation.

General Feedback

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Documents

Discussion Guide - Solicitor General and Public Security · Discussion Guide • 8 Bill 10 Security Services and Investigators Act Proposed Regulations and Policy 1.0 Licenses 1.1