Regulation - Minister
Proposed changes to regulations under the Private Security and Investigative Services Act
Regulation Number(s):
O. Reg. 364/07
O. Reg. 362/07
O. Reg. 361/07
O. Reg. 362/07
O. Reg. 361/07
Instrument Type:
Regulation - Minister
Bill or Act:
Private Security and Investigative Services Act (PSISA)
Summary of Proposal:
The Private Security and Investigative Services Act, 2005 (PSISA) and its regulations set out the requirements for Ontario's private security and investigative services sector, which include security guards, private investigators, businesses that sell the services of security guards or/and private investigators and businesses that employ in-house security.
The Ministry of the Solicitor General (ministry) is proposing changes to the regulations under PSISA to enhance use of force reporting and to update the uniform and vehicle requirements for security guards to make them more easily distinguishable from police uniforms and vehicles.
The ministry is seeking to understand the public and industry's perspective on these proposals including their potential impact, any anticipated benefits and/or costs, and any activities that businesses would have to undertake to comply should the government proceed with these changes.
1. Enhance use of force reporting
Under PSISA, licensed businesses are required to keep a use of force report for every instance that a private investigator or security guard employed by the licensed business used handcuffs, a baton, a firearm or any other weapon or otherwise used force in the course of that employment, as well as a use of force report for every instance that a dog used in the provision of private investigator or security guard services attacked a person.
The changes being considered are:
a) Requiring private investigators and security guards employed by a licensed business to report to the licensed business every instance that the private investigator or security guard used handcuffs, a baton, a firearm or any other weapon or otherwise used force in the course of that employment, and every instance that a dog used in the provision of private investigator or security guard services attacked a person.
b) Requiring licensed businesses to provide to the Registrar the use of force report required under the Ontario Regulation 434/07 (Record Keeping Requirements for Licensed Business Entities) for every instance a private investigator or security guard:
• Used a firearm with "used" meaning drew a handgun in the presence of a member of the public, pointed a firearm at a person or discharged a firearm.
•Used handcuffs, a baton, a firearm, or any other weapon or force that resulted in an injury requiring medical attention.
•And for every instance a dog, used in the provision of private investigator or security guard services, attacked a person and the attack resulted in an injury requiring medical attention.
c) Requiring that the use of force report be provided to the Registrar no later than 30 days after the instance occurred.
2. Update to uniforms requirements
To ensure that security guard uniforms are easily distinguishable from police uniforms, the ministry is considering:
a) Prohibiting uniforms from resembling the uniforms police officers wear.
b) Adding dark grey as a prohibited colour for collared shirts in addition to existing prohibition on black and navy blue.
c) Prohibiting the use of black, navy blue and dark grey t-shirts as security uniforms.
d) Prohibiting the use of epaulettes (shoulder decorations) with bars or any variation of police or military rank.
e) In addition to the existing requirements, requiring a two-piece patch that includes a banner reading "Security" be placed separately 2-3 cm beneath the company's name, logo or crest.
f) For hats worn as part of the uniform, requiring a patch that includes a banner reading "Security" on the hat. It may be placed alone or for hats that include the company name, logo or crest, it must be placed separately 2-3 cm beneath or beside the company's name, logo or crest.
Given the sensitive nature of some of the locations that have security guards and the need for flexibility regarding security guard uniforms, the ministry is also considering:
g) Exempting security guards from the uniform requirements when working in certain sensitive settings such as in long-term care homes.
3. Update to the vehicle requirements
To ensure that the vehicles security companies use are easily distinguishable from police vehicles, the ministry is considering:
a) Requiring security vehicles to comply with the Highway Traffic Act, including the requirements related to prohibiting sirens and certain colours of flashing lights.
b) Requiring security vehicles to be marked with the company name and logo in addition to the existing marking requirements in regulation.
c) Permitting the use of only amber and white flashing lights, if the vehicle has flashing lights.
d) Removing the prohibition on the use of red, blue, gold, or yellow stripes as markings on the vehicle.
e) Prohibiting the use of crash /push bars and prisoner transport cages.
f) Providing the Registrar with the discretion to approve the use of an unmarked vehicle.
All interested parties are encouraged to provide feedback, and all feedback will be taken into careful consideration as part of the government's decision-making process.
The Ministry of the Solicitor General (ministry) is proposing changes to the regulations under PSISA to enhance use of force reporting and to update the uniform and vehicle requirements for security guards to make them more easily distinguishable from police uniforms and vehicles.
The ministry is seeking to understand the public and industry's perspective on these proposals including their potential impact, any anticipated benefits and/or costs, and any activities that businesses would have to undertake to comply should the government proceed with these changes.
1. Enhance use of force reporting
Under PSISA, licensed businesses are required to keep a use of force report for every instance that a private investigator or security guard employed by the licensed business used handcuffs, a baton, a firearm or any other weapon or otherwise used force in the course of that employment, as well as a use of force report for every instance that a dog used in the provision of private investigator or security guard services attacked a person.
The changes being considered are:
a) Requiring private investigators and security guards employed by a licensed business to report to the licensed business every instance that the private investigator or security guard used handcuffs, a baton, a firearm or any other weapon or otherwise used force in the course of that employment, and every instance that a dog used in the provision of private investigator or security guard services attacked a person.
b) Requiring licensed businesses to provide to the Registrar the use of force report required under the Ontario Regulation 434/07 (Record Keeping Requirements for Licensed Business Entities) for every instance a private investigator or security guard:
• Used a firearm with "used" meaning drew a handgun in the presence of a member of the public, pointed a firearm at a person or discharged a firearm.
•Used handcuffs, a baton, a firearm, or any other weapon or force that resulted in an injury requiring medical attention.
•And for every instance a dog, used in the provision of private investigator or security guard services, attacked a person and the attack resulted in an injury requiring medical attention.
c) Requiring that the use of force report be provided to the Registrar no later than 30 days after the instance occurred.
2. Update to uniforms requirements
To ensure that security guard uniforms are easily distinguishable from police uniforms, the ministry is considering:
a) Prohibiting uniforms from resembling the uniforms police officers wear.
b) Adding dark grey as a prohibited colour for collared shirts in addition to existing prohibition on black and navy blue.
c) Prohibiting the use of black, navy blue and dark grey t-shirts as security uniforms.
d) Prohibiting the use of epaulettes (shoulder decorations) with bars or any variation of police or military rank.
e) In addition to the existing requirements, requiring a two-piece patch that includes a banner reading "Security" be placed separately 2-3 cm beneath the company's name, logo or crest.
f) For hats worn as part of the uniform, requiring a patch that includes a banner reading "Security" on the hat. It may be placed alone or for hats that include the company name, logo or crest, it must be placed separately 2-3 cm beneath or beside the company's name, logo or crest.
Given the sensitive nature of some of the locations that have security guards and the need for flexibility regarding security guard uniforms, the ministry is also considering:
g) Exempting security guards from the uniform requirements when working in certain sensitive settings such as in long-term care homes.
3. Update to the vehicle requirements
To ensure that the vehicles security companies use are easily distinguishable from police vehicles, the ministry is considering:
a) Requiring security vehicles to comply with the Highway Traffic Act, including the requirements related to prohibiting sirens and certain colours of flashing lights.
b) Requiring security vehicles to be marked with the company name and logo in addition to the existing marking requirements in regulation.
c) Permitting the use of only amber and white flashing lights, if the vehicle has flashing lights.
d) Removing the prohibition on the use of red, blue, gold, or yellow stripes as markings on the vehicle.
e) Prohibiting the use of crash /push bars and prisoner transport cages.
f) Providing the Registrar with the discretion to approve the use of an unmarked vehicle.
All interested parties are encouraged to provide feedback, and all feedback will be taken into careful consideration as part of the government's decision-making process.
Analysis of Regulatory Impact:
The proposals aim to balance community safety with any regulatory or compliance burden on regulated entities. The ministry is seeking the public and businesses' input on the impacts of these proposed changes.
Further Information:
Proposal Number:
24-SOLGEN024
Posting Date:
November 28, 2024
Comments Due Date:
January 12, 2025
Contact Address:
Strategic Policy Division
Ministry of the Solicitor General
25 Grosvenor Street, Floor 9
Toronto, ON M7A 1Y6
Ministry of the Solicitor General
25 Grosvenor Street, Floor 9
Toronto, ON M7A 1Y6