POSITION PAPER - Alberta · PDF filePosition Paper: Proposed Directions on Regulation and Policy - SSIA Page 2 of 29 On behalf of Parliamentary Assistant, MLA Rob Anderson, and myself,

POSITION PAPER Proposed Directions on Regulation and Policy

Security Services and Investigators Act

Message from the Minister As Solicitor General and Minister of Public Security, I have the privilege of presenting the results of the industry consultation process on regulation and policy for the Security Services and Investigators Act. The security and investigator industries have changed significantly since the Private Investigators and Security Guards Act was enacted more than 40 years ago. The development of the new Security Services and Investigators Act and Regulation are designed to assist in modernizing the legislation to ensure it accurately reflects the security and investigator industries today and to ensure an effective level of professionalism and accountability for those working in these industries. Commencing in April 2005, MLA Len Webber conducted a review of the current Act to ensure it was meeting the needs of Albertans and those operating in the industry. The review included research from across Canada and internationally, as well as a consultation process to obtain input into new directions. The new Act was reviewed and debated by the Standing Committee on Public Safety and Services, a committee composed of MLAs from all parties, and a number of amendments were prepared based on feedback provided by stakeholders. The Security Services and Investigators Act received Royal Assent on December 2, 2008. In February 2009, the Solicitor General and Minister of Public Security issued a Discussion Guide to solicit feedback from the security industry and members of the public. In March 2009, four industry consultation meetings were held in Calgary and Edmonton to further explore proposed directions for the regulations. Four additional interest group meetings were conducted to assist in the development of the new regulation and policy. The culmination of feedback from approximately 200 stakeholders has been summarized and analyzed in the creation of this document. Based on the feedback received changes to Government’s initial directions were made if they met the following criteria:

• supported by a clear rationale, • a demonstrated and clear need, • adhered to the strategic intent set forth by elected officials, and • resulted in no negative impact to the public interest.

In striking a balance between the needs of industry and the public interest, not all positions could be accommodated in our final directions. These directions will ensure that the Alberta security and investigator industries remain modern and relevant to both the public and program participants.

Position Paper: Proposed Directions on Regulation and Policy - SSIA Page 2 of 29

On behalf of Parliamentary Assistant, MLA Rob Anderson, and myself, I would like to thank all the industry stakeholders who have contributed to this and other consultation processes. The directions contained in this document will provide a solid foundation for building the regulations and ensuring that our program is one of the best in Canada. I look forward to your support as we move towards implementing the Security Services and Investigators Act. Sincerely, Fred Lindsay Solicitor General and Minister of Public Security


INTRODUCTION This Position Paper offers a summary of stakeholder feedback and an overview of regulation and policy being put forward to support the Security Services and Investigators Act, including:

• Licensing requirements and exemptions • Portable licenses for individuals • Minimum qualifications • Training standards and requirements • Patrol dog and handler standards and training • Standards for reporting and communication between business licensees and the

Registrar • Standards for uniforms and vehicles • Guidelines for use of and management of equipment • Complaints process and inspection and audit procedures

In each section below, substantial feedback was collected either in writing or at the public consultation sessions. Each section will contain only the top themes that were noted by a significant portion of the stakeholders, followed by the final directions for development of regulation and policy. A new set of regulations for the Security Services and Investigators Act will be developed based on the contents of this paper. Alberta Solicitor General and Public Security Public Security Division 10th Floor, Brownlee Building 10365 – 97 Street Edmonton, Alberta T5J 3W7 Phone: 780-427-3457 Fax: 780-427-4670 www.solgps.alberta.ca May 2009

http://www.solgps.alberta.ca/�


1.0 Licenses Proposed Regulatory Direction The proposed regulation allow for an applicant to request more than one license classification at a time, if qualified, except locksmith licenses, which will be issued as a sole license class. It has been proposed that only one license fee will be charged for multiple license classes and that licensees may change or add license classes for no additional fees provided the training requirements have been met. While it has been proposed that individual licenses be portable and no longer tied to a business licensee, individual licensees may not hold out or act as a business licensee in selling services. The proposed regulation recognize that several industry sectors have employees who perform functions listed in the new Act only “incidentally” as it relates to their primary job function, and exempts these individuals from licensing under the Act. Consultation Feedback During the consultation process it was proposed that there be a separate license class for plainclothes security (executive security/bodyguards). This group is identified by a unique set of requirements, often at the request of the client. Clear exemption from wearing uniforms and visible identifiers (i.e. name tags) was sought. It was determined that this could be facilitated within the existing licensing classes by creating a sub-class of security service worker. This will reduce the burden of creating too many additional license classes while still recognizing the unique requirements of this specialized group. Many stakeholders commented on the need for clearer and expanded definitions for each license class. The Ministry has proposed that this be addressed by developing enhanced definitions in policy. Through the course of the consultation process, additional groups were identified for possible exemption from licensing. The Ministry considered exemptions if the identified group was adequately regulated under other provincial or federal legislation. Stakeholders were overwhelmingly in favour of a temporary licensing system to allow for training and assessment of new employees. Given the industry’s desire to see some form of licensing that allows for training and assessment time, the Ministry is reviewing options within the Act that may include a limited temporary license, under conditions, to ensure that safety concerns identified by the elected officials are addressed. As training requirements will not come into effect until 12 months after proclamation of the new Act, the Ministry will take this time to examine how a temporary license system could be implemented.


Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

1.1 Classes of license for an individual or business: 2. (a) Executive Security Worker – specialized security services worker

or bodyguard employed for personal protection services.

10. Training License

• One-time, short-term license issued under a specific license class. • Limited to 30 days to accommodate training requirements for

licensing (job shadowing). • Must pass written test to show basic understandings of authorities

(except locksmith apprentices who must provide proof of enrollment in a recognized apprenticeship program).

• Must meet all the qualifications and screening requirements in the Act and Regulation except training.

• Must be supervised at all times by a licensee with minimum 2 years job experience.

• Will not be permitted to carry weapons, equipment such as handcuffs, or drive vehicles.

• Must be in uniform and meet all uniform requirements under the Act, if applicable.

• Must submit training requirements to the Registrar prior to expiry of card.

• Training licenses will only be issued to an individual when the application is received through a business licensee to ensure the above requirements will be adhered to.

• Locksmith apprentices must meet the qualifications and screening requirements in the Act and Regulation but the other limitations do not apply.

• It is understood that license classes will have some cross over in purpose (i.e. security services worker investigating theft of or damage to a client’s property).

1.3 Exempted Individuals

• Business entities, or in-house employees of business entities, governed under the Bank Act (Canada).

• Finance entities, or in-house employees of finance entities, as defined under the Finance Entity Regulation (Canada).

• Entities, or in-house employees of entities, defined in the Credit Union Act (Alberta).


2.0 Individual Licensing Proposed Regulatory Direction A significant change to existing regulation is the proposed introduction of portable individual licenses, allowing individuals to apply for and manage their own licenses and the ability to work at multiple places of employment without the need for additional fees or new applications. Employers will be able to verify the validity of individual licenses through the Ministry website or the Licensing Department. Screening is recognized as a critical component and public safety requirement of the Act. As such, the proposed licensing and renewal process will require individuals to furnish the Licensing Department with police information checks, approved photos and any other documentation requested by the Registrar. At this time, fingerprint submissions will not be required. In addition to basic qualifications as outlined in the Discussion Guide, individuals will be required to provide proof of successful completion of training required for the class of license being sought. Consultation Feedback Screening for Criminal Records:

The primary concern expressed by stakeholders was the qualification criteria for applicants with criminal records. Feedback often reflected the desire to have zero tolerance for criminal conviction or being part of a criminal file. It was determined that the qualification requirements as stated were consistent with other organizations within the province and therefore adequate at this time. It is important to note that any indication of involvement in criminal activity will warrant a review of the file to determine if the applicant is of sufficient character to be licensed under the program. Portable Individual Licenses:

Stakeholders provided significant feedback on the issue of portable individual licenses. The key issues for employers were:

(1) confidentiality of client information (2) license restrictions that identify which license classes apply when working for each

different employer; and (3) restrictions on individual licenses that they only be valid when the individual is

employed by a business licensed under the Act.

It was determined that items 2 and 3 will be proposed for inclusion in the regulation, whereby, an individual’s license is only valid while the licensee is employed by a business licensed under the Act and that only the license class shared by both the business and individual licensee will be valid. With respect to the portability of licenses and issues of confidentiality, it was felt that these issues are best addressed by the employer as a component of the employer/employee relationship.


Standardized Police Information Checks:

Stakeholders expressed concern and frustration that the police information checks from some police agencies were not as thorough as those produced by others. To maintain the integrity of this process, the Solicitor General’s office is working with all the major police agencies in Alberta to develop the necessary forms for standardized police information checks. Application Processing Times:

Stakeholders expressed concern that processing times were too long and interfering with the ability of individual licensees to commence working. The Ministry determined that this will be addressed through new policy and processes and increased staffing levels. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

2.1 Qualifications:

• Be at least 18 years of age, unless applying for a locksmith license under the terms of an apprenticeship, in these cases the age is 16 years.

• Has no outstanding serious criminal charges. • Is not the subject of a serious criminal investigation (The Registrar will

have some leeway in applying this requirement to applicants currently holding security or investigator employment in agencies not currently licensed under the Private Investigators and Security Guards Act for a period of six months after proclamation in order to facilitate the transfer of employees into this new legislation).

2.2 Screening: Items to be submitted with the application: A passport-sized photo signed by the police service, or other agency

approved by the Registrar, at the time the police information check is completed, attesting to the fact that the applicant is adequately depicted in the photo.

• Any history of criminal charges or involvement in a criminal investigation will result in review by the Registrar to determine suitability for licensing.

With prior approval of the Registrar, criminal record checks may be completed by companies other than a police agency. The photograph requirement still applies.

Additional Screening:

• It is not always feasible to conduct criminal record checks on persons born outside of Canada. Accordingly, any applicant who was not born in Canada must submit a copy of any documents showing they are legally entitled to work in Canada.


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. • An individual license is only valid while the individual is employed by a

business licensed under the Act. • An individual license may contain multiple classes, terms and

conditions, but only the individual license classes, terms and conditions authorized by the employer will be valid while working for that employer. (For example, if an individual has successfully completed baton training, they can only carry a baton if authorized by the employer).

3.0 Business Licensing Proposed Regulatory Direction The Discussion Guide outlined proposed basic qualifications and screening requirements for business licensees. This section also includes the requirements for the licensing of Registered User Business Licensees or “in-house licensees”, which were not licensed under the current Act. Police information checks apply to all owners/board members, except in-house, and additional documentation may be required by the Registrar. At this time, fingerprint submissions will not be required. Consultation Feedback Generally, feedback indicated that the proposed regulation required clarity about which in-house employees needed to be licensed. The Ministry will expand the definitions of roles and license classes in policy to provide as much clarity as possible. Stakeholder expressed concern that the fees and application process would be too onerous for sole proprietorships if they are required to have both a business and individual license. Sole proprietors will require both licenses but will only be required to pay the business fees and submit one copy of the required documentation (see Section 20.0 Fees below). Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required.


4.0 Renewals Proposed Regulatory Direction The proposed regulation extends the term for individual licenses to two years and up to three years for business licenses. All fees are assessed at a yearly rate. Individuals renewing licenses must submit a new signed photo and police information check. Business renewals will not require police information checks but will be required to provide proof of insurance. Additional information may be requested by the Registrar at the time of renewal. Consultation Feedback Generally, stakeholders were in agreement with the proposed regulation covering business renewals, allowing them to renew every three years. Some concern was expressed that the fees for two year renewals on individual licenses may be challenging for some individuals. While this was taken under advisement, the proposed individual fees are a small increase over current fee levels and are felt appropriate at this time. It is important to note that the quoted fees are for two years. Business owners requested notification by the Licensing Department of any changes in the status of individual licensees, given that individual licensees will now be responsible for their own applications and renewals. Under privacy provisions and regulation, the Ministry will be required to advise employers of any changes to the status and terms and conditions of an individual’s license. As a consequence, it remains critical that business licensees provide the Licensing Department with regular reports on hires and terminations to maintain the licensing database. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

4.1 Individuals: A failure to renew an individual license will result in a letter being sent to the licensee’s employer(s) notifying them of the expired status and expectation that the individual licensee not be utilized for work defined in the Act.

4.2 Businesses: (revised)

• Each business license is valid for a period of one or three years, as described below. Those agencies who demonstrate successful compliance with legislation and policy over a 12 month period of time will be permitted to renew with the Registrar every three years. All fees are assessed at a yearly rate.

• All new business licensees or those business licensees who have difficulty 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.

• Two 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 Regulation.

5.0 Terms/Conditions Proposed Regulatory Direction Upon application, renewal or inspection/investigation, it has been proposed that the Registrar may add any terms or conditions to a license deemed necessary. A licensee may only engage in the occupation(s) for which they are licensed. Consultation Feedback Stakeholders had no additional feedback on this section of the proposed regulation. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required 6.0 Criminal Record Considerations Proposed Regulatory Direction The Discussion Guide has put forward the following convictions, without pardon, as considered serious and may result in denial of an application or renewal:

• Serious crimes against a person • Offences against a child • Offences related to organized crime • Drug trafficking • Crimes against an employer within five years of application • More than one conviction for crimes against a person, criminal offences or drug

offences within five years of application • Any criminal/drug investigations within six months of the application that have

open files


Consultation Feedback There was significant difference of opinion amongst respondents as to the definition of “serious criminal offense” and the time frames within which criminal convictions of any type should be considered, ranging from zero tolerance to 20 years. As the proposed regulation is consistent with the Criminal Code of Canada and other Canadian jurisdictions, the Ministry is recommending that there be no changes to this section. It is important to note that the Registrar may review any application or renewal and make a determination as to the individuals’ suitability to be licensed. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required 7.0 Locksmiths Proposed Regulatory Direction It has been proposed that locksmiths and automotive lock bypass workers be required to register common tools and devises used in the course of their work or to gain entry to vehicles. The business licensee will be required to ensure the registered tools are returned upon termination of employment. Consultation Feedback Locksmiths continued to express concern about the lack of training requirements for their industry. The Ministry reviewed the arguments put forward by the industry and will further examine requiring locksmiths to be a registered apprentice or hold a recognized trade certificate as a requirement for licensing under the Act. Locksmiths licensed under the current Act will be grandfathered into the new Act. As training requirements will not come into effect until 12 months after proclamation of the Act, the Ministry will take this time to examine how apprenticeship and trade certificates can be integrated into the licensing process. Stakeholders also requested clarity on the situations in which locksmiths will require licensing. For example, many malls and hotels employ security or maintenance personnel who are required to occasionally assist with opening locked rooms or vehicles. It was determined that this would best be addressed through expanded definitions in policy. Feedback from the locksmith sector indicated that the proposed terminology and description of tools used by the industry is too vague and needs to be more in keeping with the terminology utilized by the industry. The Ministry will consult with the industry association for more specific descriptions of tools and terms actively used by locksmiths to ensure the regulation reflects industry standards. The terms used will be compared to the Criminal Code of Canada to ensure consistency.



7.0 Locksmiths:

• Locksmith tools include general lock picks and any instrument suitable for the purpose of manipulating locks on premises, motor vehicles, vaults or safes.

• Locksmith tools do not include common devices utilized for key duplicating.

Automotive Lock Bypass (ALB) License:

• ALB tools include keys, lock picks, rocker keys, slim jims or other instruments designed or adapted to operate the locks, ignition, or other switches on motor vehicles.

• ALB licensees are not authorized to work on non-automotive locks.

• (Potential direction, currently under review) - To qualify for a locksmith license, an applicant must be a registered apprentice or hold a recognized trade certificate.

8.0 Alarm Response License Proposed Regulatory Direction The proposed regulation recognizes that business owners and employees who respond to alarms at their business location after hours but are not employed by an alarm responder or security services company will not be required to be licensed. Consultation Feedback Stakeholders expressed concern over the perceived need for dual licensing, requiring security services companies, loss prevention workers or other licensees to hold both licenses if they are designated to respond to alarms. This section of the proposed regulation is intended to apply to companies whose sole service is alarm response. Licensees who provide alarm response as part of an overall security service function will only need to be licensed for their primary line of business. Stakeholders also requested expansion of the proposed regulation to ensure that other staff, employees or volunteers could be designated key holders on behalf of owners and managers. The Ministry will include this in regulation.



8.0 Alarm Response License:

• Will not capture business owners, managers or their designates (employees, family members or volunteers) who are required to attend a 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.

• Security agencies who respond to client alarms as part of a standard security service are not required to obtain licensing in both categories. This category captures those companies whose sole business service is alarm response.

• Loss prevention workers who respond to alarms do not have to obtain licensing in both categories.

9.0 Loss Prevention Proposed Regulatory Direction The proposed regulation will require a loss prevention worker to identify themselves to a person subsequent to an arrest being made. Consultation Feedback This license class has a unique set of exemptions under the Act and stakeholders identified two areas of primary concern:

• exemption from uniform requirements, and • safety concerns over providing the full names or other personal information to the

public.

Common law enforcement practice is to provide the public with the name of the individual workers for the purpose of complaints being lodged. While the Ministry recognizes the safety concerns put forward by the loss prevention industry, it cannot accommodate the complete removal of names from ID cards. However, it was determined policy would be established to allow this license class to use a first initial and surname for identification purposes to minimize the ability of the public to fully identify loss prevention workers outside the performance of their duties. License cards issued by the Ministry will only contain a photo, name (as outlined above), ID number, authorized license classes, terms/conditions and expiry date; other personal information will not be contained on the card. Uniform exemptions are provided for under section 13.0 of the proposed Regulation.



No changes identified as required 10.0 Proof of License Proposed Regulatory Direction Individuals who are successful in obtaining a license will be issued a card showing their photo, name, license number, authorized license classes and expiry date, with terms/conditions and other provisions appearing on the reverse. Business licensees will be issued paper licenses listing the approved license classes with terms/conditions or other provisions printed on the document. Consultation Feedback Safety concerns for loss prevention workers were again identified as the primary consideration for this section and have been addressed in section 9.0. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required 11.0 Training Proposed Regulatory Direction It has been proposed that training regulations not come into effect until one year after proclamation to allow businesses and individuals time to make the necessary arrangements and/or take the required training, with the exception of baton training, which must be completed to be included on new licenses. Grandfathering will apply to all individuals holding a license under the current Act upon proclamation of the new Act and Regulation, expect investigator licensees. Investigators licensed under the current Act who can demonstrate adequate training and experience as prescribed by regulation will not have to complete basic training. For all sectors, the Registrar may consider certain experience and training equivalent to the basic training course requirements. The proposed regulation identified the need to ensure that all training requirements and programs meet the intent of the Trade Investment Labour Mobility Agreement (TILMA) and the Agreement on International Trade (AIT), to allow licensees to freely move between jurisdictions without having to retrain.


The Ministry will develop training courses that meet the minimum training requirements and learning outcomes for each sector. Any company, institution or individual may apply to be approved to deliver this course, in accordance with conditions, to ensure course integrity. All agencies and instructors designated to teach this course will be subject to audits to ensure content integrity. Consultation Feedback Stakeholders were overwhelmingly in support of training standards for all sectors of the industry. Within specific licenses classes key limitations of current training were identified and the Ministry will propose training outcomes to accommodate these needs. Many stakeholders reported that they have developed strong in-house training programs and would want to continue using them. The Ministry recognizes that many of these programs already exist and will be developing training outcomes and standards by which existing and future programs can be assessed and certified as meeting basic requirements. In response to industry suggestion, the Ministry will also be exploring a standardized testing model to ensure all training, regardless of delivery method, continues to meet minimum requirements and standards. The Ministry also recognizes the need for multiple training delivery methods (i.e. online, in-house). This stage of the process is in it infancy and further information will be made available through the Ministry’s webpage as it is developed. Baton Training:

Stakeholders were concerned about the 40-hour training requirement for batons. The Ministry continues to support the time requirement for the training and determined that 40 hours will be the minimal acceptable to facilitate the safety of the licensees and the public. Grandfathering Investigator Licenses:

A number of stakeholders put forward concerns about under-qualified investigators taking advantage of the grandfathering clause by completing licensing application prior to proclamation. The proposed regulation was designed to address this concern and create a system by which to screen applicants. Based on comments from stakeholders, it was determined that a different criteria should be developed to screen current and potential licensees. Investigators holding licenses under the current Act will be grandfathered in provided they meet the criteria. New applicants at proclamation will be required to prove qualifications and training as prescribed by the regulation. Full training requirements for new investigator licensees are yet to be determined. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

11.1 General Background:

• Note-taking and report writing are topics that will be covered in the basic training package.


11.2 Training Delivery:

• In-house training will be permitted, provided that course and instructor credentials are met.

11.4 Grandfathering:

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

• Investigator licensees, who can demonstrate they have met the following criteria for training and experience will be grandfathered and will not have to complete a basic training program.

Minimum two years full-time experience (or four years part-time experience) as an investigator in any sector.

A minimum of two years experience in a police service. Any other combination of experience/education deemed

suitable by the Registrar. • Proof of meeting these requirements can include:

Letter from an employer attesting to the years of employment. Employment records (T4s, ROEs, etc). Certificates of Service. Any other documentation acceptable to the Registrar.

12.0 Equipment Proposed Regulatory Direction The proposed regulations would prohibit the use of badges (police-style badges) because it is not a legal document and is not sufficient to identify the individual licensee and the duties they have been licensed to perform, to the public. A license identification card will be issued to each licensee and will be the only legal identification document. A list of other proposed eligible equipment is also provided, including batons and flashlights. Consultation Feedback Stakeholders identified a need to have the business licensee control what equipment is being used by their employees when on duty. Upon review, the Ministry will be including this in Regulation. The Ministry received considerable feedback recommending the use of badges. The Ministry has reconsidered its position and will allow badges as long as they meet the restrictions (design and content) imposed by the Ministry. The Ministry is proposing to develop several acceptable designs for business licensees to choose from. As a piece of equipment, badges, like batons, will be issued at the discretion of the employer. Stakeholders continued to identify the use of flashing lights and spot lights on vehicles as a need and safety consideration for the industry. Authorization for the use of these items is determined by the Ministry of Transportation under the Traffic Safety Act –


Vehicle Equipment Regulation and cannot be regulated by the Solicitor General. Licensees wishing to utilize this equipment must submit their requests to the Ministry of Transportation. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed. 12.0 Equipment

• A business licensee, at their discretion, may limit or restrict the equipment an individual licensee may carry or use, regardless if the individual license permits such equipment.

• Flashlights shall be no longer than 18 inches in length. • A police-style badge may be used by an individual licensee only if

issued by the business licensee. A badge style for use by all licensees will be developed by the Registrar. Only the approved style(s) may be used.

• Individuals may only be in possession of a badge permitted under this legislation while actively employed by a business licensee.

13.0 Uniforms Proposed Regulatory Direction The Ministry has proposed that uniform regulations not come into effect for 12 months after proclamation to allow licensees to wear out existing stock levels and make necessary changes as required under the proposed regulations. The proposed regulations would allow uniforms of any colour but must not display rank insignia or stripes on pants and hats. Uniforms would be required to have the word “SECURITY” or “SECURITY GUARD” clearly displayed front, back and on both shoulders. Proposed exemptions apply to locksmiths, automotive lock bypass workers, loss prevention workers, and investigators while engage in work related to their license class. When business attire is called for, the licensee must ensure that an ID tag is worn on the lapel of the blazer or suit suitably displaying the word “SECURITY” or “SECURITY GUARD”. Consultation Feedback There were three primary concerns identified by stakeholders. Exemptions:

As a result of stakeholder feedback, executive security workers were identified for uniform exemption. They must carry their ministry-issued license card for presentation on demand.


Rank Insignia:

Industry feedback strongly suggested rank insignia be allowed on uniforms. The Ministry has agreed that rank markings should be allowed to appear on uniforms. “SECURITY” on back of shirts, vests, sweaters and jackets:

Stakeholders were generally opposed to this requirement on the grounds that it is redundant and also costly to produce. Given that the proposed regulation would lift restrictions on uniform color, permit any style of uniform, and allow rank insignia the Ministry is strongly committed to maintaining this requirement as it is essential that the public be able to clearly and easily identify security workers from other law enforcement services. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

13.1 General:

• As adequate markings displaying the word “SECURITY” are required on the front, back and side of uniform shirts, sweaters, vests, coveralls, and jackets, displays of rank will be permitted at the discretion of the business licensee. Rank markings may appear on any part of the uniform.

• Executive security workers will be exempted from uniform and vehicle requirements.

• The term “SECURITY AGENT” is added as an option for uniform markings.

14.0 Vehicles Proposed Regulatory Direction This portion of the proposed regulations will not come into effect for 24 months after proclamation to allow licensees time to budget for any necessary changes to vehicle markings. The proposed vehicles markings may be of any design and colour desired by the business licensee and must prominently display “SECURITY” or “SECURITY SERVICES” on all four sides; and the agency crest must appear on both sides of the vehicles. Vehicle stripe combinations must not resemble police or law enforcement vehicles and vehicles cannot be equipped with a siren. Flashing lights and search lights may be affixed to vehicles if approved by the Ministry of Transportation. Consultation Feedback Stakeholders identified vehicle striping as a key element of established corporate images. After consideration of the arguments put forward regarding vehicle striping, the Ministry has determined that restriction on striping should be removed, upon condition


that vehicles appearance cannot, in the opinion of the Registrar, resemble the appearance of police or other law enforcement vehicles. Stakeholders also identified the need to exempt locksmiths, automotive lock bypass workers, investigators and executive security from the requirement to have “SECURITY” or “SECURITY SERVICES” on their vehicles. The Ministry has determined that the vehicles markings only pertain to license classes that perform security services, with the exception of executive security which may wish to reduce their visibility at the request of the client. Final Direction: Note: 1. Only the additions, deletions, or changes appear in this section. If it is not

addressed below then the position set forth in the Discussion Guide is confirmed.

2. As ongoing consultation is required, elements of this section are subject to change.

14.1 General:

Vehicles may: • Have color stripes of any combination provided they do not, in the

Registrar’s opinion, resemble the color system of the RCMP, any Alberta municipal police agency, Alberta sheriff, or a community peace officer agency.

• Locksmith, automotive lock bypass, investigator and executive security licensees are not required to mark their vehicles in accordance with this section.

• The term “SECURITY AGENT” is added as an option for vehicle markings.

15.0 Guard Dogs Proposed Regulatory Direction The proposed regulation outlines the activities for which dogs may be used and the restrictions on dog training and use of dogs for specific security activities. The proposed regulation exempts the following:

• Guard or yard dogs turned loose in fully enclosed areas where the public does not have right of access, and

• Individuals transporting dogs to and from these facilities. Consultation Feedback Stakeholder feedback identified the need for training standards for both the dogs and handlers, as well as a validation process for the team of handler and dog. Further consultation meetings with the industry provided input into the duties performed by


handler/dog teams, the standards for training the dog and handler, health and well being of the animals, and annual validation/certification requirements for the handler/dog team. In addition, it was agreed that guard dogs regulated under the act should be called “patrol dogs” to distinguish them from watch/yard dogs. Further consultation will take place with the patrol dog industry to develop the training and certification requirements for this sector. To accommodate this process, the Ministry is proposing that the training requirements for patrol dogs and handlers not come into effect for 12 months after proclamation. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

Note: As ongoing consultation is required, elements of this section are subject to change.

15.0 Patrol Dogs Guard dogs fall into two distinct categories: Patrol dogs which are trained to work with a handler to provide security services, and watch/yard dogs which are turned loose, without a handler, into fully enclosed areas where the public has no right of access for the purpose of deterring entry. The regulation applies only to patrol dogs as defined herein.

A business license will only be issued and permitted to continue if a business licensee is actively capable of providing a patrol dog service.

A patrol dog business will not be issued a license until they present proof of: • Training programs sufficient to ensure the safety of the handler and

the public • Dogs have been trained to:

obey the handler, not display unnecessary aggression, and not kill or seriously injure a person or animal.

• Company policy for the care and welfare of dogs, including veterinary visits and inoculations

A patrol dog handler license will not be issued to an individual until: the handler has completed basic security training, the handler demonstrates sufficient knowledge of the

regulations relating to how a dog may be utilized, and the handler/dog team has successfully passed the validation

process and submitted the necessary documentation to the Registrar.

A dog may be validated with more than one handler concurrently.

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.


• Handlers must contact local police if tracking proceeds off private property. Tracking in public spaces must be conducted in accordance with section 494, Criminal Code of Canada.

• Pursuing and apprehending a person using a dog is only permitted in accordance with section 494, Criminal Code of Canada.

• A dog may be used for defense of the dog handler or other person. • A dog may be used to protect a client’s property but may not be used

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

times, except during building searches of private property.

15.2 Training: (Comes into effect 12 months after proclamation to allow for the development of training and certification programs.)

Training program requirements will be developed in consultation with the patrol dog industry.

16.0 Individual Reporting Provisions Proposed Regulatory Direction The proposed regulation would require individual licensees to report to the Registrar within 24 hours, on the approved form, the loss of a license or any event in which the licensee has been charged or convicted of an offense under the Criminal Code of Canada, Controlled Drugs and Substances Act or any other enactment of Canada. In addition, they will be required to report, within 30 days, changes to personal information or information provided on the original application or renewal form, such as address. Consultation Feedback Stakeholders were generally in favour of the proposed regulation. Due to the increased responsibility for reporting, however, it was recommend that the regulation contain a penalty for providing false or misleading information to the Registrar. The Ministry concurs and will add to the regulation. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed. 16.0 Individual Reporting Provisions

• Providing false or misleading information to the Registrar will be an offense.


17.0 Business Reporting Provisions Proposed Regulatory Direction The proposed regulation would require business licensees to adhere to the reporting requirements as outlined in the Act and Regulation. Additional reporting requirements would include reporting, within 30 days, any change of address or information contained on the original application or renewal and the names of individual licensees employed by the business licensee. The proposed regulation would continue to require business licensees to provide the Registrar with photos (front, back, and side) of all uniforms and vehicles for approval prior to a change in uniform being implemented. Consultation Feedback There was significant discussion during the public consultation meetings as to what reporting would be required and the Ministry will ensure that clarity is provided in policy about what is considered reportable. The Ministry will ensure that regulations include the necessary authorizations to require and legally allow business licensees to report a licensee terminated for cause in the event that it may impact the suitability of the individual to hold a license in the future. The industry also requested that online reporting options be made available to help facilitate the process and timeliness for reporting. The Ministry is addressing this concern and forms and reporting will be available online. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

17.0 Business Reporting Provisions

• Regulatory authority will be provided, consistent with the Freedom of Information Protection of Privacy Act, to allow business licensees the ability to notify the Registrar about reasons for termination of an employee.

• Providing false or misleading information to the Registrar will be an offense.

18.0 Code of Conduct Proposed Regulatory Direction The proposed code of conduct for both business and individual licensees was outlined in the Discussion Guide.


Consultation Feedback Investigators requested that this section be revised to include a clause exempting investigators from abstaining from alcohol during the course of an investigation. The Ministry will work with legal counsel to determine if this request can legally be accommodated. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed. Proposed addition to the code of conduct, as it pertains to investigator licensees,

is under review.

19.0 Forms Proposed Regulatory Direction A number of forms will be developed supporting applications, renewals, background checks, reporting, etc. It is intended that these forms be available online and that licensees be able to return reporting forms by fax to meet reporting timelines. Consultation Feedback Stakeholders requested that forms be available online with auto fill options and be of a standard size and format to ensure ease of access by licensees. The Ministry advised that this will be incorporated into administrative policy for the Act. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required 20.0 Fees Proposed Regulatory Direction Proposed fees have been identified for individual and business licensees in accordance with industry standards across Canada.


Consultation Feedback Stakeholders expressed confusion over how fees would be applied to business licensees, particularly sole proprietorships. The Ministry will ensure the necessary clarity, specifically:

• Business license fees will be determined based on the primary function of the business. Additional license classes can be added for no additional fees.

• Sole proprietorships will be issued both a business license and an individual license for the business license fee.

Some stakeholders expressed concern about the affordability of individual fees. The Ministry feels that the proposed fees are fair given that the fees are approximately the same as fees under the current Act and are in line with other provinces. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed. 20.0 Fees:

• Business License fees will be assessed based on the primary function of the business. Additional license classes can be added to a business license at no additional cost.

• A sole proprietor business licensee will be issued an individual license at no additional cost.

21.0 Records Proposed Regulatory Direction The proposed regulation will require business licensees to maintain specific records regarding clients, personnel, equipment and reportable incidents as identified under section 19 of the Act. Additional records specific to investigators and dog handlers will be required as outlined in the regulations. Records will be provided to the Registrar as requested as either part of the application/renewal process or an audit/investigation. Consultation Feedback Stakeholders were generally in agreement with the types of reports required. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required


22.0 Armored Vehicle Service Definition Proposed Regulatory Direction Armored vehicles are exempted from the Act and Regulation as per the definition. Consultation Feedback Comments from stakeholders indicated that some clarity was needed in the definition. The Ministry proposes adjusting the definition based on stakeholder feedback. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

22.0 Armored Vehicle Service Definition Armored vehicle means a motor vehicle constructed or adapted: • to protect its occupants from forced entry, and • to protect its occupants from firearms or explosives.

23.0 Weapons Proposed Regulatory Direction The proposed regulation would allow use of batons for all classes, except investigator, locksmith and automotive lock bypass licensees, once the appropriate training has been successfully completed. Recertification in use of batons will be required every 36 months. Firearms, OC spray, SAP gloves, PR 24 nightsticks, shock sticks, conducted energy weapons or any other prohibited weapon as defined by the Criminal Code of Canada will not be permitted. Consultation Feedback Stakeholders generally agreed with the proposed regulation and recommend that recertification for baton training should occur every 24 months instead of the proposed 36 months. The Ministry understands the industry’s rationale but must ensure consistency with requirements under other law enforcement regulations in the province. Businesses are able to set higher standards if desired. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required


24.0 Public Complaints Proposed Regulatory Direction The proposed regulatory requirements will only apply to written complaints. The business licensee will be responsible for investigating and reporting all written complaints to the Registrar. In the event a complainant requires assistance with providing a report in writing, the business licensee is responsible for assisting them. As it pertains to criminal matters, the business licensee will be responsible for turning over any allegations of criminal misconduct to the police services and notifying the complainant. For cases where the complaint is resolved “informally” under processes developed by the business licensee and both parties have agreed to the outcome, or after evaluation of the circumstances, it is determined an investigation is not warranted, complaints must be reported to the Registrar as per the Act. Consultation Feedback Generally, stakeholders were in favour of the proposed complaints process, with the exception of the proposed requirement that businesses be responsible for recording complaints on behalf of clients who, for reasons of language or disability, are unable to provide a written complaint on there own. The Ministry understands industry’s concern that this is perceived as a nuisance and has potential for abuse, but believes that this is the most efficient and effective method of ensuring those with disabilities or language barriers have the same protection of the Act as others. In the event that a complainant feels they have not had their complaint properly recorded they will have recourse through the appeals process. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required 25.0 Investigations Conducted by Registrar Under Section 27 Proposed Regulatory Direction Under the proposed regulation, the Registrar will delegate investigations to investigators employed by the Public Security Division as required. The proposed regulation outlines the process for reporting an investigation and outcomes for addressing issues. The Registrar is required to report any criminal matters to the police services. Consultation Feedback The primary concern put forward by stakeholders was confidentiality of client files. The Ministry has taken this into consideration and will provide policy for investigators allowing


them to document that the necessary files and records were present without having to photocopy or remove records from the site. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required 26.0 Inspections Proposed Regulatory Direction Under the proposed regulation, the Registrar will delegate inspections to investigators employed by the Public Security Division as required. To ascertain compliance, an inspector may enter any place, except a private residence, to determine if an individual licensee is in compliance with the Legislation or policy requirements. It has been proposed that 30 days written notice be provided when an inspection is to take place at the business licensee’s office locations. The business licensee will facilitate the process by providing access to all necessary records, documents and staff as outlined in the proposed regulation. Upon completion, a letter will be sent to the business licensee outlining what immediate steps must be taken to deal with detected safety/legal issues, within three business days. Within 120 days, a formal report will be sent to the business licensee. Consultation Feedback Stakeholders expressed concern about investigators entering client sites where access may be restricted. The Ministry will address this in audit/investigation policy and in the event the site access is restricted, the investigator will have to work with the licensee’s client to facilitate a site investigation on a licensee. It is not the intention of the Act and Regulation to interfere with a licensee in the course of their duties in a manner not allowed by law. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required 27.0 Fines for Offences Proposed Regulatory Direction Fines will be based on section 45 of the Act and elements of the regulations. They will be set through the legislative process and be reflective of the severity of the offense.


Some violations of the Act will result in mandatory court appearances by the accused. This includes conducting a licensed activity without a license. Consultation Feedback Stakeholders provided no specific feedback on this section. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required 28.0 Suspensions/Cancellations, Terms, Conditions Proposed Regulatory Direction The proposed regulation would require the Registrar to notify the license holder in writing about a suspension, cancellation of a license, or any new terms or conditions applied to a license. In the case of an individual licensee, the Registrar would also be required to inform the business licensee(s) that employs them. Consultation Feedback Stakeholders did not identify any changes to this section. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

No changes identified as required 29.0 Miscellaneous Proposed Regulatory Direction This section proposes additional groups be exempted or permitted to hold licenses under the Act, such as police officer, peace officers, sheriffs, bailiffs and debt collectors. This section also provides clarity on section 36 of the Act as it pertains to private property versus public property. Consultation Feedback Stakeholders were adamantly opposed to allowing police officers and peace officers to hold licenses under the Act. Feedback expressed concern that there were too many opportunities for abuse of power and access to information or resources other licensees


would not have, resulting in an unfair advantage in the marketplace. The Ministry will remove the clause allowing police officers to hold licenses under the Act. Peace officers, however, are still considered viable candidates for licensing, given that their powers do not extend outside of their scheduled employment hours. Concerns were expressed with the applicability of section 36 of the Act and in most examples given by stakeholders, a clear connection to section 494, Criminal Code of Canada, could be made as the business was acting as an agency of a property owner. This provision is in the Act and the Registrar will be available to work with any business licensee if they have questions about applicability to specific circumstances. Final Direction: Note: only the additions, deletions, or changes appear in this section. If it is not addressed below then the position set forth in the Discussion Guide is confirmed.

29.0 Miscellaneous:

• Police officers as defined in the Police Act, civil enforcement sheriffs, bailiffs, or debt collectors may not hold a license under this legislation.

Documents

POSITION PAPER - Alberta · PDF filePosition Paper: Proposed Directions on Regulation and Policy - SSIA Page 2 of 29 On behalf of Parliamentary Assistant, MLA Rob Anderson, and myself,