What is the minimum age an individual must be to hold a licence under Ontario's private security and investigative services legislation?
Based on: s. 10(1) Mandatory requirements
To hold a private investigator licence in Ontario you must meet the mandatory requirements in the Private Security and Investigative Services Act, 2005. Under s. 10(1), an individual must be at least 18 years old, hold a clean criminal record, be entitled to work in Canada, and have completed all prescribed training and testing. The clean criminal record requirement applies to every applicant, individual or business. You then apply to the Registrar with a declaration of any offences and consent to have those matters checked, under s. 11.
What is the minimum age an individual must be to hold a licence under Ontario's private security and investigative services legislation?
Based on: s. 10(1) Mandatory requirements
Which of the following is a mandatory eligibility requirement that ALL applicants, both individuals and business entities, must satisfy to hold a licence under the Act?
Based on: s. 10(1) Mandatory requirements
Which requirement applies specifically to an individual applicant but is NOT listed as a requirement for a business entity applicant?
Based on: s. 10(1) Mandatory requirements
After a licence is issued, if the holder ceases to meet an eligibility requirement, within how many days must the licence be returned to the Registrar?
Based on: s. 10(2),(3),(4) Loss of requirement
When the Registrar becomes aware that a licensee no longer meets an eligibility requirement, what action must the Registrar promptly take?
Based on: s. 10(2),(3),(4) Loss of requirement
After the Registrar changes records to reflect that a person no longer holds a valid licence, what option is available to that person?
Based on: s. 10(2),(3),(4) Loss of requirement
Under the Act, a person possesses a "clean criminal record" if they have not been convicted of a prescribed offence under which of the following Canadian statutes?
Based on: s. 10(5) "Clean criminal record"
A person was previously convicted of a prescribed Criminal Code offence. Under what circumstance can this person still be considered to have a "clean criminal record" for licensing purposes?
Based on: s. 10(5) "Clean criminal record"
Which of the following federal statutes is expressly listed as a source of prescribed offences that can affect a person's "clean criminal record" status under the Act?
Based on: s. 10(5) "Clean criminal record"
When applying for a licence, an applicant must provide a declaration listing which of the following?
Based on: s. 11(1)(a)-(d) Application for licence
Section 10(1) of the Act sets the gateway. In the case of an individual, the applicant must be 18 years old or older, must be entitled to work in Canada, and must have successfully completed all prescribed training and testing. Sitting above those individual requirements is one that applies to everyone: a person may hold a licence only if they possess a clean criminal record. That distinction is a favourite of the test. Age, work entitlement and training are listed as applying only in the case of an individual, while the clean criminal record requirement is required of every person, including a business entity applicant. If you keep that split straight you will answer most of the eligibility questions correctly.
The Act defines a clean criminal record in s. 10(5), and it is more precise than it sounds. A person has a clean criminal record if they have not been convicted of a prescribed offence under statutes that the section names expressly, including the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), and the Cannabis Act (Canada), among others. A past conviction is not always fatal. Section 10(5) provides that a person who was convicted of a prescribed offence still has a clean criminal record if a pardon under the Criminal Records Act (Canada) has been issued or granted. That is why the application requires disclosure and consent: the Registrar needs to see the record to decide whether the requirement is met.
Eligibility is not a one-time check. Under s. 10(2), (3) and (4), if a licence holder ceases to meet an eligibility requirement, the licence must be returned to the Registrar within five days, excluding Saturdays, Sundays and public holidays. When the Registrar becomes aware that a licensee no longer meets a requirement, the Registrar shall promptly give the person notice that the records have been changed to show the person no longer has a valid licence. The person is not left without recourse: they may request that the Registrar reconsider the change, and the Registrar may consider any relevant information in doing so. The test often frames this as a scenario, so remember the five business day return window and the reconsideration right.
Section 11 governs the application itself. Every applicant, individual or business, must first provide a mailing address for service in Ontario under s. 11(1)(a). The applicant must give a declaration listing all convictions and findings of guilt for offences under a law of Canada for which a pardon has not been issued, along with all unpaid fines for a provincial offence and unresolved provincial charges. Critically, the applicant must also provide consent for the Registrar to collect information on any of those matters. An individual applicant must supply proof of age, proof of entitlement to work in Canada, and proof of completion of all prescribed training and testing under s. 11(1)(f). Where the applicant is a business entity, the declaration and consent must be provided in respect of the business entity and of every officer, director or partner, and an applicant for a licence to engage in the business of selling private investigator or security guard services must provide proof of insurance under s. 11(1)(g). Under s. 11(2), the Registrar may require further information to process the application, and s. 12 sets the general rules that govern licences once issued.
| Requirement | Individual applicant | Business entity applicant |
|---|---|---|
| At least 18 years old | Yes (s. 10(1)) | Not applicable |
| Entitled to work in Canada | Yes (s. 10(1)) | Not applicable |
| Completed prescribed training and testing | Yes (s. 10(1)) | Not applicable |
| Clean criminal record | Yes (s. 10(1)) | Yes (s. 10(1)) |
| Declaration and consent re offences | For the individual (s. 11(1)) | For the entity and every officer, director or partner (s. 11(1)(e)) |
| Proof of insurance | Not required to apply as an individual | Required to sell PI or guard services (s. 11(1)(g)) |
In Ontario, the Private Security and Investigative Services Act, 2005 requires an individual to be 18 years old or older to hold a licence, under s. 10(1). Age is one of the requirements listed as applying only in the case of an individual, alongside entitlement to work in Canada and completion of all prescribed training and testing.
Yes. In Ontario, s. 10(1) of the Private Security and Investigative Services Act, 2005 requires a clean criminal record of every applicant, individual or business. Section 10(5) defines it by reference to prescribed offences under statutes such as the Criminal Code (Canada), but a person convicted of such an offence still qualifies if a pardon under the Criminal Records Act (Canada) has been issued or granted.
In Ontario, s. 11 of the Private Security and Investigative Services Act, 2005 requires a mailing address for service in Ontario, a declaration of convictions and findings of guilt for federal offences without a pardon, all unpaid fines for a provincial offence, and consent for the Registrar to collect information on those matters. An individual must also give proof of age, entitlement to work in Canada, and completed training and testing.
In Ontario, under s. 10(2) to (4) of the Private Security and Investigative Services Act, 2005, a licensee who ceases to meet a requirement must return the licence to the Registrar within five days, excluding Saturdays, Sundays and public holidays. The Registrar will give notice that the records now show no valid licence, and the person may request that the Registrar reconsider the change.
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