When Your Licence Is in Question
No one may act as a private investigator or security guard, or hold themselves out as one, without the appropriate licence (PSISA, s. 6), and no one may sell those services without a business licence (s. 7). The Act provides for six licence types, covering individuals, agencies and combined licences (s. 4).
The process under this Act is different from most Ontario licensing statutes. Before a refusal, revocation or new condition, you first get a chance to show cause before the Registrar. Only after the Registrar decides can you appeal to the Licence Appeal Tribunal (ss. 16–17).
Illustrative example, not an actual Registrar’s notice
“The Registrar proposes to revoke your licence to act as a security guard for the reasons set out below. You are entitled to an opportunity to be heard before the Registrar to show cause why the Registrar should not take the proposed action if you request it in writing within 21 days after service of this notice.”
Who Investigates and Who Decides
- Regulator
- The Registrar of Private Investigators and Security Guards, appointed by the Lieutenant Governor in Council (PSISA, s. 3).
- Who investigates
- Investigators appointed by the Registrar, who can obtain search warrants (ss. 20–22), and inspectors who can inspect licensees’ premises and records (ss. 26–27).
- Who decides first
- The Registrar, after giving you an opportunity to be heard if you ask for one (s. 16).
- Who hears appeals
- The Licence Appeal Tribunal (s. 1, “Tribunal”; s. 17).
Grounds the Registrar can rely on
Eligibility requires a “clean criminal record” and, for individuals, being 18 or older, being entitled to work in Canada, and completing the prescribed training and testing (s. 10(1)). A clean criminal record means no conviction for a prescribed federal offence unless a pardon has been granted (s. 10(5)).
Beyond eligibility, the Registrar may decline to issue or renew a licence where it is relevant to fitness, including past conduct suggesting you will not act lawfully and with integrity and honesty, false statements in an application, certain unpardoned convictions or unpaid provincial offence fines, or the public interest (s. 13(2)). The same grounds, and breach of a licence condition, can support revocation (s. 15(1)).
Common Issues
New charges or convictions
If you stop meeting an eligibility requirement, you must stop acting under the licence and return it, and the Registrar will update its records. You can ask the Registrar to reconsider that change (s. 10(2)–(4)).
Code of conduct complaints
Anyone can complain that a licensee breached the code of conduct. Complaints must be in writing, signed, and filed within 90 days unless the Registrar consents to a later date (s. 19(1)–(2)).
Uniforms, ID and terminology
Rules cover carrying and producing your licence, uniforms, and terms such as “police,” “detective” or “law enforcement” that licensees may not use (ss. 34–35, 39–40).
Agency obligations
Agencies may employ only licensed guards and investigators (s. 31), must carry prescribed liability insurance (s. 30), and must report changes of address within five business days (s. 32).
What Can Happen Next
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Written notice of the proposal
The Registrar must serve written notice, with reasons, before refusing to issue or renew a licence, applying conditions, or revoking a licence (PSISA, s. 16(1)–(2)). Notices are served personally, by registered mail to your address for service, or another way if receipt can be proved (s. 41).
Deadline
You may request, in writing, an opportunity to be heard before the Registrar within 21 days after service of the notice (s. 16(3)). If you do not, the Registrar may take the proposed action (s. 16(4)). If you ask, the Registrar must let you appear in person no later than 90 days after the notice (s. 16(5)). You may bring counsel or an agent (s. 16(6)).
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Immediate suspension
If the Registrar proposes to revoke and considers it in the interest of public safety, it can suspend your licence immediately (s. 15(2)). If you request a hearing, the suspension generally continues until the revocation is finally determined (s. 15(3)).
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Registrar’s decision and reasons
If the Registrar decides you have not shown cause, it must tell you in writing. If you ask for written reasons within 14 days, the Registrar must serve them within 14 days of your request (s. 16(7)).
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Appeal to the Licence Appeal Tribunal
Deadline
You may appeal to the Tribunal within 21 days after service of the written reasons (s. 17(1)). Request written reasons promptly, because the appeal clock runs from their service.
An appeal does not stay the Registrar’s decision, and neither the Registrar nor the Tribunal can stay it (s. 17(2)). The Tribunal may uphold, vary or set aside the decision, grant or restore a licence, or impose conditions (s. 17(5)).
Checklist: Responding to the Registrar
Documents to gather
- The notice and proof of when and how it was served
- Your licence, training and testing records
- Court records for any charge or conviction, and any pardon or record suspension
- Employer letters, incident reports and performance records
- For agencies: insurance, employee licence records and address filings
Dates to calendar
- 21 days from service to request an opportunity to be heard
- 14 days from the Registrar’s decision to request written reasons
- 21 days from service of reasons to appeal to the Tribunal
Frequently Asked Questions
Can I keep working while I appeal?
Not if your licence has been revoked or suspended. The Act says an appeal does not stay the Registrar’s decision, and neither the Registrar nor the Tribunal can stay it (s. 17(2)).
Is the first hearing at the Licence Appeal Tribunal?
No. Under this Act you first have an opportunity to be heard before the Registrar (s. 16). The Tribunal hears an appeal afterward (s. 17).
Can I reapply after a refusal?
Yes, if new or other evidence is available or material circumstances have clearly changed (s. 18).
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.