Do security guards and private investigators have the power of arrest?

No. This legislation does not provide a specific power of arrest to security guards or private investigators. Powers of arrest are governed under the Criminal Code of Canada.

What is the complaint process for a member of the public who feels he or she has a grievance against a security guard, private investigator, or PI/SG firm?

The Act requires a licensee to report to the Registrar any incident with respect to a member of the public involving the use of force or any other unusual intervention. Failure to report such an incident can lead to the suspension or cancellation of a license or the refusal to renew a license. Where the Registrar receives a written complaint, he or she is empowered to conduct a full investigation under the Act. The Registrar is also required to advise the complainant in writing of the results of that investigation.

Why do I have to apply for a license under the Act? Why can’t I simply be issued a license to act as a security guard?

The Registrar reviews each application in order to determine:

• Have the training requirements been met?
• Can the applicant reasonably be expected to be responsible as a licensee?
• Does the past conduct of the applicant suggest that he/she will conduct him or herself with integrity?
• Does this person have a criminal history? Is there a criminal record or some history of involvement with the local police?

Under the Act, the Registrar possesses the discretion to refuse to issue a license where, in his or her opinion, to issue a license would be prejudicial to the public interest.

Why is the Saskatchewan Police Commission being used as the appeal mechanism under the Act?

The Saskatchewan Police Commission has a great deal of expertise with respect to security issues. This approach has been selected to provide timely access to appeals for the industry in the most cost effective way possible.

Can I work as a security guard or private investigator without a license?

No. Everyone who meets the definition of the Act must be licensed before working. Failure to meet the licensing requirement may result in the officer, his or her employer, or both, being charged under the Act. The Registrar also has the power to apply to the court for an order stopping the security firm from working at that workplace. The license of the guard, and the security company, may be affected as well.

Can I work as a security guard or private investigator without a license while training?

No. Training is done in a classroom and during tours of job sites or practical demonstrations outside of the classroom. If the individual being trained is or may be called upon to act alone, or to assist someone at a job site in performing the duties of a Security Guard, he or she is not in training. Security Companies utilizing individuals as “Security Guards” before they have completed the training course and before they are duly licensed should contact the Registrar and enquire about obtaining a temporary license

What are the penalties for contravening the Act?

In the case of a person other than a corporation, a first offence may result in a fine of not more than $5000 or imprisonment for a term of not more than one year or both. For a second or subsequent conviction, a fine of not more than $25,000 or imprisonment for a term of not more than one year, or both, may result.

In the case of a corporation, the first offence may result in a fine of not more than $10,000 and for a second or subsequent offence, a fine of not more than $50,000.

In addition, the Act provides that any officer, director or agent of a corporation who directed or otherwise participated in the act that constitutes an offence by the corporation, is guilty of that offence whether or not the corporation itself is prosecuted or convicted.