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GF1 SECURITY SERVICES INC

Basic Security Training Manual


Volume 2 March 2014

This manual is the exclusive intellectual property of Gf1 security inc and is for use by authorized students of
the Gf1 security, only. The user agrees the manual may not be copied, printed or distributed without the
express written consent of Gf1 security. Gf1 security reserves the right to seek compensation for any
violations of this agreement.

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G F 1 SECURITY SERVICES WAS FOUNDED AS A
BRAINCHILD OF TWO ENTERPREUNERS, WHO HAVE A
DIVERSE EXPERIENCE IN THE SECURITY INDUSTRY,
AND A FIRST HAND KNOWLEDGE OF HOW THIS
INDUSTRY FUNCTIONS. G F 1 WAS INCORPORATED
WITH A DREAM OF PROVIDING QUALITY SERVICES
WITH THE UTMOST DEDICATION AT THE MOST
COMPETITIVE RATES.

OUR TEAM OF EXPERIENCED, PROFFESIONAL AND


DEDICATED STAFF PROMISE TO PROVIDE SERVICES
WHICH ARE UNPARALLED IN THE INDUSTRY.

G F 1 PROMISES TO REVOLUTNISE THE SECURITY


INDUSTRY AND TAKES THE STANDARDS TO A NEW
HIGH.

“WE ACCEPT CHALLENGES AND DARE TO MEET THEM”

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and Correctional Services

MISSION STATEMENT OF G F 1

“ BUILD BRIDGES NOT


WALLS. INVEST IN
QUALITY SERVICES FOR
TANGIBLE RESULTS”

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Table Of Contents

Introduction

Section 1 - Introduction to the Security Industry

Section 2 - The Private Security and Investigative Services Act, 2005 (PSISA) and
Ministry Code of Conduct

Section 3 - Basic Security Procedures

Section 4 - Report Writing

Section 5 - Health and Safety

Section 6 - Emergency Response Preparation

Section 7- Canadian Legal System

Section 8 - Legal Authorities

Section 9 - Effective Communications

Section 10 - Sensitivity Training

Section 11- Use of Force Theory

Section 12 - Emergency Level First Aid Certification

Appendix A - Workplace Hazardous Materials Information System

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Introduction

This test preparation guide is designed to assist security guards in preparing for the
ministry’s mandatory test. The guide will outline key areas that security guards should
be familiar with to ensure they perform their duties in accordance with the Private
Security and Investigative Services Act, 2005 (PSISA) and its regulations.

The subjects covered align with the ministry’s Training Curriculum for Security Guards.
Although the guide is meant to assist candidates in preparing for and writing the test, it
does not constitute a training manual, and is not a substitute for an in-person training
course.

At the end of each section of this test preparation guide, you will find links to external
resources that may be of further assistance to you. Many of these will bring you to various
laws and regulations; it is recommended that you have an overall understanding of these
and how they relate to key topics covered in the test.

Other links will bring you to existing training materials available to the public. While
these materials may contain valuable information, please keep in mind that they were
not specifically designed for Ontario’s security guard and private investigator training
and testing program.

About the Test

General Information
Both the Security Guard and Private Investigator tests are in a written, 60 question,
multiple choice format. Test appointments are 2 hours in duration, 75 minutes of which is
the allotted test completion time.

The License Test Fee is $60 plus 13% HST for a total of $67.80.

Test results will be made available within 5 business days of completion of the test.

Candidates who are eligible and wish to retain both Security Guard and Private
Investigator licences must take and pass both tests. Each test must be scheduled separately.
Tests will be offered at over 30 locations across Ontario. Please check the Locations link
from this web site.

All tests must be booked in advance either online, or through a call centre agent.

Eligibility Rule:

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You may only register and complete an examination if you have completed a qualifying
Basic Training course. In order to schedule the test appointment, you will require the
training completion number given to you upon successful completion of the training
course.

There are two basic training programs: security guard and private investigator. To write
either one of the tests, you must first complete the corresponding training program.

Cancelation Policy:

Examinations cannot be cancelled or rescheduled. Once booked, the appointment for the
examination is final and the associated fees are not refundable for any reason.

If extremely bad weather makes it necessary for Serco (DriveTest) to close the Test Centre
when and where your appointment is scheduled, you will be contacted to arrange an
alternate time to book your examination.

For information on the April 15, 2010 regulation introducing the requirement for testing
please call the Private Security and Investigative Services Branch of the Ministry of
Community Safety and Correctional Services at 416 212-1650, toll free 1-866-767-7454 or
visit their website at www.ontario.ca/private-security

Contact Us:

Serco DES Inc. (SGT)


5000 Yonge Street, Ste 1402
Toronto, ON M2N 7E9
Canada
sgt@serco-des.ca

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Section 1 - Introduction To The Security Industry

The Private Security and Investigative Services Act, 2005 (PSISA) regulates the private
security industry. The PSISA was proclaimed into force on August 23, 2007 to help
professionalize the security industry, increase public safety and ensure practitioners
receive proper training and are qualified to provide protective services. The PSISA and its
regulations govern the way the private security industry operates in Ontario.

The Training and Testing Regulation made under the PSISA came into force on April 15,
2010. All security guards must fulfill the mandatory requirements of the Training and
Testing Regulation in order to be eligible to apply for a licence.

Who needs a security guard licence?

Individuals are required to have a security guard licence if they perform work, for
remuneration, that consists primarily of protecting persons or property. This includes but is
not limited to bodyguards, bouncers and loss prevention personnel, and more generally
speaking, individuals who patrol premises.

References/Resources

Private Security and Investigative Services Branch website:


www.ontario.ca/private-security

Training Curriculum for Security Guards (applicable to all sections of the Test Preparation
Guide):
http://www.mcscs.jus.gov.on.ca/stellent/groups/public/@mcscs/@www/@com/documen
ts/webasset/ec071155.pdf

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Industry Roles of Security Guards

A security guard is a person who performs work, for remuneration, that consists primarily of
guarding or patrolling for the purpose of protecting persons or property and information. Duties
of a security guard vary from site to site. A Security Guard is expected to circulate among
visitors, patrons and employees to preserve order and protect property. They may be required to
use force to apprehend or evict any violators from a premise if warnings are not taken seriously.
In order to satisfactorily undertake these responsibilities, a Security Guard must understand the
importance of the position and the general duties of a Security Guard. Guards must keep
informed of changes and developments within the industry and the expectations and
obligations that are owed to the client, the public, and his or her employer.
As of the twenty first century the employment rate of security guards is through the roof. It is a
known fact that the security industry is one of the biggest industries. It is also one of the fastest
growing industries across North America. A Statistics Canada survey showed that there are more
Security Guards working in Canada today than police officers:
As of 2008 statistics Canada shows that there are 100,000 Private Security personnel working in
Canada. As of 2011 the population of police officers working in Canada is 69,438. It is
proven that the need for security guards keeps increasing and that the industry keeps
growing.

There are two primary divisions of security that function responsibility in Canada: Private and
public. Private Security may be deployed in a variety of settings, each with a common and unique set
of responsibilities. Public unlike private security works around the areas of police, military, coast
guard, government intelligence and so on. Examples of these roles include:

Uniformed security on sites


1. Publicly funded housing
2. Commercial Office Towers
3. Retail Shopping Centres
4. Cooperative Housing or Apartment complexes

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5. Industrial settings
6. Hotels
7. Condominiums
8. Hospitals and Public Sector

Uniformed or plain clothes duties (depending on jurisdiction)


Transit facilities and transportation services, including trains, buses and commercial sea
going vessels
Logistics, warehousing, shipping and materials storage facilities, including ports
Door Staffs or Bouncers and Hotel Security (plain clothes/in-house) [also called
―Hospitality Industry‖ – do not confuse this term with Hospital]
Armed services (uniformed)
Protecting cash in transit or large amounts of moveable valuables

Hospital Industry
Hospital patrols, control rooms, emergency room reception, patient watches

Mobile Patrol & Response:


Driving site to site, patrolling a variety of locations and responding to alarms and
emergency situations
M.L.E.O. (Municipal Law Enforcement Officer) or C.C.O. (Certified Contract Officer)
enforcing select municipal parking bylaws such as parking offences by issuing city
parking offence notices, enforceable by fines

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Private Investigators
(2) A private investigator is a person who performs work, for remuneration, that consists
primarily of conducting investigations in order to provide information.
(3) Examples of the types of information referred to in subsection (2) include information
on;
(a) The character or actions of a person
(b) The business or occupation of a person
(c) The whereabouts of persons or property

Security Guards
A Security Guard is a person who performs work, for remuneration, that consists primarily of
guarding or patrolling for the purpose of protecting persons or property.
Examples of the types of work referred to in subsection (4) include:
Acting as a bouncer;
Acting as a bodyguard; and
Performing services to prevent the loss of property through theft or sabotage in an
industrial, commercial, residential or retail environment
A reference to performing work for remuneration includes performing work pursuant
to an agreement that provides that the remuneration paid is contingent, in whole or in
part, on the completion

Private Investigator
A private investigator provides information such as; the character, actions, business or
occupation of a person or business or the whereabouts of people or property for fees

Peace officer
Peace officer means a person or a member of a class of persons set out in the definition of
―peace officer‖ in section 2 of the Criminal Code (Canada). 2005

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Agencies
(Public Security)
Public security agencies are the function of governments which ensures the protection of
citizens, organizations, and institutions against threats to their well being and to their
communities. Public security agencies are those groups that perform a security function but
are funded exclusively by governments in the interest of public service. These agencies
include provincial, municipal and federal police forces as well as the other services.
Legislation in each jurisdiction mandates specific training, and creates an objective complaint
review process. Furthermore legislation in each jurisdiction also empowers and initiates these
agencies. Police forces are granted wide range powers that are generally recognized by the
public.

Duties such as; assisting victims of crimes, drafting and laying criminal charges, investigating
crimes, seizing evidence, testifying in court, executing search and arrest warrants, preventing
crimes and other offences, rescue operations on land and rescue operations on sea, arresting
or detaining criminals or those whom are suspected of criminal involvement, and last but not
least preserving the peace.

Private Security Guard


(Occupation)

Private and public securities are similar to each other but different than policing in several
significant ways. Contract private security is provided for a fee to clients, and except in special
circumstances, has authority limited to the property owned by the client. Rather than service
provided in the interests of the public, security is provided to protect the interests of the client.

Traditionally, legislation in Canada has recognized these differences and has not extended the
same powers of detention, arrest, search and seizure to security service providers as have been
extended to police.

Compare, for example, powers of arrest and powers of search and seizure are quite different for
security as compared to police, as you will see later in this manual.

Private security includes measures taken by people, partnerships and corporations designed to
protect people (staffs working on a site and the general public entering the site), property and
proprietary information (confidential data) and minimize the client‘s liability.

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Companies that need private security without the costs associated with their own, in-house
security unit often contract the services of a security provider. By contracting the services of
these agencies, a company avoids incurring the costs associated with managing and
administering the function.
For example, the costs of managing Guard performance, training, providing a benefit package,
vacation, etc, are avoided. When contract security providers are hired administrative and other
costs are carried by the security provider, decreasing the costs to all of the end users of the
services.
Private security providers also operate independent of the politics of the client company. This
professional separation is more likely to project a fair and nonbiased approach when dealing with
rules and regulations on the property.
Contract security companies are often able to draw upon a wider range of expertise by the
security professionals they employ which is broader than experience associated with in-house
security. It may be more beneficial to hire experts rather than use in-house personnel.

Duties of Security Guards


It is the duty of a Security Guard to protect people, property and proprietary information. They
are responsible to a variety of people:

1. People: Security is normally assigned the duty of protecting people (clients and the
public) from loss or injury. This includes: A responsibility to interact and cooperate
with law enforcement officials and the Justice system, where necessary, such as
apprehending and detaining someone who has committed a serious criminal or
trespass offence. Security professionals supplement the efforts of police, performing
initial investigations or securing crime scenes until the police can arrive. Security
personnel may also provide important information to the police and provide first aid
or assist fire authorities

In times of need and emergencies, people seek assistance from authority figures. A
Security Guard is sought out because they are visible in a uniform and often the first
available person in charge at an occurrence

Security Guards also have specific information that assists authorities during an
emergency. One example is when there is a fire alarm, Security Guards at the site help
expedite (make quicker) the response by directing firefighters directly to the emergency
scene. Security may also be able to warn emergency crews about dangers on the site

When criminal charges have been laid as the result of information developed by a
Security Guard and proper procedures were followed in making an arrest, they will be
expected to give evidence in court in a professional manner

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Security Guards have a d u t y o f c a r e defined as a legal obligation to protect and
prevent from harm or loss people and the property, including personal property that
people bring to the site by providing a reasonably safe environment (Occupier‘s Liability
Act)

2. Property: A Security Guard has a responsibility to the employer and client for the
security and protection of the property. This includes:
The responsibility to ensure premises and property are properly protected against
natural and man-made threats, accidents and loss
Deterring, preventing, detecting and responding appropriately to criminal offences,
certain provincial and other regulatory violations and preventing situations that can
cause harm on the property of the client or to the property anyone at the site
Security has an obligation to perform these duties in a way that provides confidence
the Client will not lose business or have to pay a substantial civil claim because of the
actions of Security staffs.
3. Proprietary Information:
Security professionals ensure that confidential data is protected, including a client‘s
public image by treating information they have access to as strictly need to know. In
other words, if the information is considered sensitive or could cause harm or a loss
of reputation if released to unauthorized persons, security practitioners need to be
very discreet and ensure that this is protected from those without a legal entitlement
to it.
Security Guards also have certain legal obligations as set out in laws such as
P.I.P.E.D.A. (Private Information and Protection of Electronic Documents Act) that
will be discussed in further detail, later in this program.
Some client sites have exceptionally sensitive information and may have a clean desk
policy that the Guards ensure is being adhered to. This means that when client
employees go home for the day, they secure sensitive documents and do not leave
them out on a desk, etc.
Other institutions where private security companies provide service are subject to
other legal responsibilities, as well. Sites such as a Courthouse and Hospital are two
good examples

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A Security Guard should be aware that first and foremost they represent their self, preferably at
their best, as well as the contract company, the client and all other persons associated with these
businesses. As you are always under scrutiny you must maintain your professional image and
demeanour at all times.
Often security is responsible for protecting people who may be vulnerable to crimes as well as
hundreds of thousands or even millions of dollars of property and equipment. You must maintain
a formal, fair and affable approach to your work and meet the obligations of these
responsibilities while on duty. Security Guards are also expected and have a regulated
responsibility to behave and deport themselves in an exemplary fashion off the job, similar to
official authorities.

Specifications, Activities and Demands of Security Work

Although a Security Guard‘s role may vary, one thing will never change. A Security Guard‘s
primary responsibility is to provide protection, to people, property and information. It is also
important to note that the days of a Security Guard intimidating persons or as a ―goon‖,
enforcing the peace are past.
While there can be no doubt that some situations will involve physical intervention, the majority
of tasks assigned require a Security Guard to observe, deter, record and report or gain
compliance from others through persuasion. Police officers may rely on the status of their
position, their uniform, extensive specialized training, and weapons to control situations in which
there is some risk of being assaulted. Security Guards often do not have these tools available and
may better serve resolving issues by calling for police and acting as an excellent witness to
events, depending on who is at risk, the seriousness of the situation and the urgency to act.

That said, it is not always practical to just call for police and wait as life and safety may be
seriously at risk or the Security Professional may find they are on the scene of a serious
occurrence and engaged before the gravity of the situation becomes apparent.

In these situations, Guards must act and make sound decisions, quickly, based on the entire
circumstances. To assist you in this endeavour we provide you with some resources, training,
policies, work instructions and equipment to accomplish the job in the safest way possible.
Sometimes you may find yourself in harm‘s way which is a risk of the job and you will be
provided with some best practices to use as a guideline when things go wrong.

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Deterrence and detection of unwanted
activities
A strong and visible Security presence will deter some criminals from committing a crime
on your site. If a crime occurs, respond according to the work instructions and policies of the
Client and your Security Company. Not all situations require the Police or a formal criminal
charge to correct or remedy them. Response in most circumstances is determined by the work
instructions made available to you in the Post Orders.
If you are required to call the police, ensure you know what information is important. This may
help identify criminals or stop the crime while it is happening. You should carefully make
notes, at the time of the occurrence or as soon as possible after, so that you remember as
many details of the crime as possible.
You must work with the police and it helps to establish a relationship built on trust in advance.
Together with your local police force and other interested stakeholders such as people
working on the site and the general public you can form a strong security team.
It is most important that you know how to create the safest possible situation under various
circumstances for you, the general public and even offenders on the property. You must also
know exactly what your authorities and limitations are under the law. During the course of
your career as a Security Guard, you will be responsible for a variety of duties including the
primary duty to observe, deter, detect, record and report.
Security of
people
Many situations that Security Guards encounter will require them to deal with
situations involving people. When disturbances occur it becomes the responsibility of the
police and in some cases that of a Security Guard to restore order. Some disturbances get out
of hand despite the best efforts by authorities to prevent a disturbance.

These circumstances become a great responsibility in protecting life. Efforts to keep or


restore the peace and control a situation should be done with these cautions:
Who is at risk, including
yourself? How serious is the
occurrence?
Your work instructions (Post
Orders) Urgency of the matter
What could happen if you must leave your post to restore
order? What other resources are available to you?
Do you have a pre-existing plan for the circumstance?
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Section 2 - The Private Security & Investigative Services Act, 2005
(PSISA) and Ministry Code Of Conduct

Section Overview

The PSISA regulates the security industry. As such, security guards must be familiar
with the PSISA to ensure they follow the regulations and prohibitions, including the
Code of Conduct.

Here are some of the key points that affect individual licensees directly.

Licensing Requirements (subsection 10(1) of the PSISA)

In order to be eligible for a security guard licence, all individuals must:

 Have completed the required training and/or testing.


 Be at least 18 years old.
 Possess a clean criminal record, according to the Clean Criminal Record
Regulation (note: not all criminal charges or convictions will prevent a person
from obtaining a security guard licence. See below for more information on the
Clean Criminal Record Regulation).
 Be legally entitled to work in Canada.

People who apply for a security guard licence will be required to show proof that they
meet all of these requirements. If they are not eligible for a security guard licence, their
application will not be processed. For more information about the identification
requirements consult the ministry website.

General Rules and Standards of Practice

These are some of the rules that security guards must be mindful of during their day-to-
day activities. They can be found between sections 35 and 40 of the PSISA.

 Security guards must always carry their licence with them when they are working
(including “plain-clothes” security guards, e.g. loss prevention personnel or
bodyguards). They must also identify themselves as security guards, and show
their licence, if a member of the public asks them to do so.
 With the exception of bodyguards and loss prevention personnel, security guards
must wear a uniform while working. See below for further information on the
Uniforms Regulation
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 Security guards are prohibited from carrying any symbol of authority, other than their
licence and uniform (for example, a metal badge is prohibited).
 Security guards are prohibited from holding themselves out as police officers, or
performing police-related duties. For this reason, they are also prohibited from using
the following words when referring to their work as security guards:
o Detective or Private Detective
o Law Enforcement
o Police
o Officer
For example, security guards are prohibited from referring to themselves as
“security officers”.

Regulations

In addition to the PSISA, there are several regulations which govern security guards.
Many of these regulations apply only to employers. However, individual licensees
should be familiar with the regulations, particularly those that affect them directly:

Code of Conduct

This regulation defines what kind of behavior is appropriate or inappropriate for security
guards to display while they are working. Security guards will find that respecting the
Code of Conduct is, in most cases, a matter of common sense – security guards are
expected to treat members of the public in a respectful and professional manner. For
instance, security guards must:
 Act with honesty and integrity
 Comply with all federal, provincial and municipal laws
 Treat all persons equally (without discrimination)
 Avoid using profanity or abusive language
 Avoid using excessive force
 Not be under the influence of alcohol or drugs while on duty.

Uniforms

With the exception of bodyguards and loss prevention personnel, all security guards
must wear a uniform that complies with the Uniforms Regulation. If a guard works for a
licensed security agency, his or her employer is responsible for ensuring that the
uniform meets all the requirements. Please note, security guards must also be familiar

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with the regulation, as it is their responsibility to wear the proper uniform on a daily
basis. Some key points to look out for:
 The term “SECURITY” or “SECURITY GUARD” must be displayed on the
uniform in specific places and specific dimensions.
 The uniform must include an identification tag, which shows the licensee’s name,
or licence number or both.
 A security guard uniform should not bear any traits that resemble a police
uniform, such as rank chevrons, a police-style forage cap, or stripes down the
side of the trousers.

Eligibility to Hold a Licence – Clean Criminal Record

This regulation lists a series of criminal offences which are prescribed under the PSISA.
Persons who have been convicted of any of these offences and have not received a
pardon are not eligible for a security guard licence, and any application they submit
cannot be processed.

Persons who have been convicted of or charged with an offence that does not appear in
this regulation may be eligible for a licence. The Private Security and Investigative
Services Branch (PSISB) will need to review their file to determine if any restrictions
should apply. The applicant may be given an opportunity to be heard in order to discuss
their case.

Public Complaints

Members of the public may file a public complaint against any licensed individual or
licensed company if they feel that a violation of the PSISA or its regulations has been
committed.

Public complaints can lead to facilitation. As well, the PSISB may investigate the matter
and as a result, charges may be laid against the licensee, a warning may be issued, or
the licence may be revoked.

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Penalties for Contravening the Act

Individuals found guilty of offences under the PSISA could face a fine of up to $25,000,
imprisonment for up to one year or both. As such, it is crucial that security guards comply
with all aspects of the PSISA and its regulations to avoid the possibility of being named in
a complaint or facing charges.

ONTARIO REGULATION 366/07


EQUIPMENT
Firearms
1. An individual licensee may use a firearm in the provision of private
investigator or Security Guard services only if he or she is authorized to
carry the firearm under section 20 of the Firearms Act (Canada). O. Reg.
283/09, s. 1.
Batons
2. (1) An individual licensee may use a baton in the provision of private
investigator or Security Guard services only if the following conditions are
met:
1. The baton is issued to the individual licensee by the licensed or
registered business entity that employs the individual licensee.
2. The individual licensee may use the baton for defensive purposes only.
O. Reg. 366/07, s. 2 (1).
(2) A licensed business entity shall carry insurance to cover the risks
associated with its employees carrying batons. O. Reg. 366/07, s. 2 (2).
Handcuffs
3. An individual licensee may use handcuffs in the provision of private
investigator or Security Guard services only if the handcuffs are issued to
the individual licensee by the licensed or registered business entity that
employs the individual licensee. O. Reg. 366/07, s. 3.
Restraints
4. An individual licensee may not use cable ties or strip ties as restraints in
the provision of private investigator or Security Guard services. O. Reg.
366/07, s. 4.
Oversight by employers
5. A licensed business entity shall ensure that the individual licensees
employed by it comply with this Regulation. O. Reg. 366/07, s. 5

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ONTARIO REGULATION 434/07
RECORDKEEPING REQUIREMENTS FOR LICENSED BUSINESS
ENTITIES

Records to be kept
1. (1) Every licensee that is a business entity shall keep the following
records:
1. A list of all the private investigators and Security Guards currently
employed by the licensed business entity.
2. A list of all the private investigators and Security Guards not currently
employed by the licensed business entity but who were employed by
the licensed business entity at any time in the previous two years.
3. With respect to every person named on the lists required by paragraphs
1 and 2,
i. a copy of his or her employment contract, and
ii. a record detailing the period when the person was employed and
the locations where he or she provided private investigator or
Security Guard services in the course of that employment.
4. With respect to all private investigator and Security Guard services
provided by the licensed business entity,
i. all notes and reports prepared by the private investigators and
Security Guards employed by the licensed business entity,
ii. all photographs and video, audio or other electronic records
produced or obtained in the course of providing the services,
iii. a use of force report, in the form approved by the Registrar, for
every instance that a private investigator or Security Guard
employed by the licensed business entity used handcuffs, a baton, a
firearm or any other weapon or otherwise used force in the course
of that employment, and
iv. a use of force report, in the form approved by the Registrar, for
every instance that a dog used in the provision of private
investigator or Security Guard services attacks a person.

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5. If a private investigator or Security Guard employed by the licensed
business entity is authorized or required by the licensed business entity
to carry handcuffs, a baton or a firearm in the course of his or her
employment,
i. the name of each such private investigator and Security Guard,
ii. evidence that each private investigator and Security Guard named
under subparagraph i has been trained in the use of handcuffs,
batons or firearms, as the case may be,
iii. documentation as to the credentials of the trainer who provided the
training referred to in subparagraph ii,
iv. evidence that the licensed business entity is insured against the
risks associated with the use of handcuffs, batons or firearms, as
appropriate, and
v. an equipment log detailing,
A. each time that the licensed business entity issued handcuffs, a
baton or a firearm to a private investigator or Security Guard
and the name of the private investigator or Security Guard to
whom they were issued,
B. the type of handcuffs, baton or firearm issued in each case
detailed under sub-subparagraph A,
C. a description of the location where the handcuffs, baton or
firearm were carried in each case detailed under sub-
subparagraph A, and
D. for each baton issued, a threat assessment setting out the need
for the private investigator or Security Guard to carry it.

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6. If a Security Guard employed by the licensed business entity is
authorized or required by the licensed business entity to be
accompanied by a dog for his or her protection in the provision of
Security Guard services,
i. a record of the training the dog received,
ii. evidence that the Security Guard has been trained in the use of
dogs in the provision of Security Guard services,
iii. a copy of the licensed business entity‘s policies and procedures on
the care and handling of dogs, including policies and procedures
on the dogs‘ feeding, housing, transportation, veterinary care,
retirement and euthanasia, and
iv. a log detailing each time that the licensed business entity issued a
dog to a Security Guard for his or her protection in the provision of
Security Guard services and the name of the Security Guard to
whom the dog was issued. O. Reg. 434/07, s. 1 (1).
(2) Every licensed business entity shall retain the records required by
subsection (1) for two years or, if any such record is relevant to an
ongoing investigation, inspection, complaint, court proceeding or
administrative proceeding, until the conclusion of the matter. O. Reg.
434/07, s. 1 (2).
(3) For the purposes of subsection (2), a court proceeding or administrative
proceeding is concluded once a decision is rendered and all rights of
appeal or review have expired or been exhausted. O. Reg. 434/07, s. 1 (3).

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ONTARIO REGULATION 362/07 UNIFORMS

Security Guard uniform must comply with regulation


1. A person who is licensed as a Security Guard and who is required by the
Act to wear a uniform when acting as a Security Guard or holding himself
or herself out as one shall wear a uniform that complies with this Regulation
when acting as a Security Guard or holding himself or herself out as one.
O. Reg. 362/07, s. 1.
Words and logos, etc.
2. (1) The name, logo or crest of the licensee that employs the Security
Guard must be affixed to the chest of the outermost piece of the
uniform. O. Reg. 362/07, s. 2 (1).
(2) The term ―SECURITY‖, ―SÉCURITÉ‖, ―SECURITY GUARD‖ or
―AGENT DE SÉCURITÉ‖, in upper case letters not less than 1.5
centimetres high and in a colour that contrasts with the dominant
colour of the uniform, must be,
(a) permanently affixed to the chest of the outermost piece of the
uniform; and
(b) affixed between two and three centimetres below the name, logo or
crest of the licensee that employs the Security Guard, if the name,
logo or crest appears anywhere else on the uniform in addition to
the chest of the outermost piece. O. Reg. 362/07, s. 2 (2).
(3) The word ―SECURITY‖ or ―SÉCURITÉ‖, in upper case letters not
less than 10 centimetres high and in a colour that contrasts with the
dominant colour of the uniform, must be permanently affixed to the
back of the outermost piece of the uniform unless the outermost piece
of the uniform is a shirt with a collar, a sweater, a blazer, a sports
jacket or a suit jacket. O. Reg. 362/07, s. 2 (3).
(4) Clause (2) (a) applies independently of subsection (1) and must be
complied with in addition to subsection (1) even if the name, logo or
crest required by subsection (1) includes a term required by clause (2)
(a). O. Reg. 362/07, s. 2 (4).

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Identification of guard
3. An identification tag with the Security Guard‘s name or licence number
must be affixed to the chest of the outermost piece of the uniform. O. Reg.
362/07, s. 3.
Rank chevrons
4. (1) The uniform must not have rank chevrons. O. Reg. 362/07, s. 4 (1).
(2) Subsection (1) does not apply to a uniform worn by a licensee who is
an employee of a non-profit organization that was in existence before
August 23, 2007. O. Reg. 362/07, s. 4 (2).
Shirt colour
5. If the uniform includes a shirt with a collar, the shirt must not be black or
navy blue. O. Reg. 362/07, s. 5.
Trouser stripes
6. The trousers must not have stripes, other than reflective safety stripes,
down the side. O. Reg. 362/07, s. 6.
Hats
7. The uniform must not include a police-style forage cap. O. Reg. 362/07,
s. 7.

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ONTARIO REGULATION 365/07
USE OF ANIMALS

Licensee must comply with regulation


1. A licensee shall not use any animal in the provision of private investigator
or Security Guard services except in accordance with this Regulation.
O. Reg. 365/07, s. 1.
Prohibitions re use of animals
2. (1) An animal may not be used to control individuals or crowds or for the
pursuit or restraint of individuals. O. Reg. 365/07, s. 2 (1).
(2) An animal may not be used to guard or patrol a place unless it is
accompanied by an individual licensee. O. Reg. 365/07, s. 2 (2).
Dogs for tracking or detection
3. A licensee may use a dog to track or detect people or things. O. Reg.
365/07, s. 3.
Dogs accompanying a Security Guard licensee for protection
4. (1) An individual licensee, in the provision of Security Guard services,
may be accompanied by a dog for the licensee‘s protection. O. Reg.
365/07, s. 4 (1).
(2) A dog accompanying an individual licensee as permitted by
subsection (1) must,
(a) be on a lead and under the control of the licensee; and
(b) wear a fluorescent collar and identification tag that includes the
name of the licensed or registered business entity that employs the
individual licensee. O. Reg. 365/07, s. 4 (2).
Dog training
5. A dog may not be used as permitted under this Regulation unless it is first
trained,
(a) to obey the commands of the dog‘s handler or the person the dog is
accompanying;

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(b) to respond only to aggression against the dog‘s handler or the person
the dog is accompanying, and to respond accordingly when the
aggression abates; and
(c) to not kill or seriously injure people or animals. O. Reg. 365/07, s. 5.
Policies and procedures
6. A licensed business entity shall develop written policies and procedures on
the care and handling of dogs used as permitted by this Regulation,
including policies and procedures on the dogs‘ feeding, housing,
transportation, veterinary care, retirement and euthanasia. O. Reg. 365/07,
s. 6.
Oversight by employers
7. A licensed business entity shall ensure that the individual licensees
employed by it comply with this Regulation. O. Reg. 365/07, s. 7.
Information to new owners
8. An individual licensee or licensed business entity that gives away or sells a
dog that was used as described in section 4 shall advise the dog‘s new
owner that the dog was used to accompany one or more Security Guards
in the provision of Security Guard services. O. Reg. 365/07, s. 8.

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ONTARIO REGULATION 364/07
VEHICLES

Definition
1. In this Regulation, vehicle means,
(a) an automobile, or
(b) other motor vehicle with at least four wheels and a truck or delivery
body permanently attached to it. O. Reg. 364/07, s. 1.
Licensee providing Security Guard services to comply with regulation
2. A licensee shall not use a vehicle in the provision of Security Guard
services that is not in compliance with this Regulation. O. Reg. 364/07,
s. 2.
Marked vehicles
3. (1) If a vehicle is marked as being a vehicle used in the provision of
Security Guard services, it must comply with the requirements of this
section. O. Reg. 364/07, s. 3 (1).
(2) The word ―SECURITY‖ or ―SÉCURITÉ‖, in upper case letters, must
be prominently displayed in a colour that contrasts with the colour of
the vehicle,
(a) on both sides of the vehicle, in letters not less than 10 centimetres
high; and
(b) on the front and back of the vehicle, in letters not less than 8
centimetres high. O. Reg. 364/07, s. 3 (2).
(3) The word ―security‖ or ―sécurité‖ may also appear in or as part of the
licensee‘s crest or logo. O. Reg. 364/07, s. 3 (3).
(4) The vehicle must not have any red, blue, gold or yellow stripes or any
combination of red, blue, gold or yellow stripes, except as part of the
licensee‘s crest or logo. O. Reg. 364/07, s. 3 (4).

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Prohibited markings
4. A vehicle must not have the following terms, or any variations of them,
displayed anywhere on it:
1. Detective or détective.
2. Private detective or détective privé.
3. Police.
4. Officer or agent de police.
5. Law enforcement or exécution de la loi. O. Reg. 364/07, s. 4.

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ONTARIO REGULATION 363/07 CODE OF CONDUCT

Breach of code of conduct


1. A licensee is in breach of the code of conduct if the licensee contravenes or
fails to comply with this Regulation. O. Reg. 363/07, s. 1.
Individual licensees
2. (1) Every individual licensee, while working as a private investigator or
Security Guard, shall,
(a) act with honesty and integrity;
(b) respect and use all property and equipment in accordance with the
conditions of his or her licence;
(c) comply with all federal, provincial and municipal laws;
(d) treat all persons equally, without discrimination based on a
person‘s race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, age, marital status,
family status or disability;
(e) refrain from using profane, abusive or insulting language or actions
or actions that are otherwise uncivil to any member of the public;
(f) refrain from exercising unnecessary force;
(g) refrain from behaviour that is either prohibited or not authorized by
law;
(h) respect the privacy of others by treating all information received
while working as a private investigator or Security Guard as
confidential, except where disclosure is required as part of such
work or by law; and
(i) co-operate with police where it is required by law. O. Reg. 363/07,
s. 2 (1).
(2) No individual licensee shall,
(a) be unfit for duty, while working, through consumption of alcohol
or drugs;

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(b) conspire with another person or aid or abet another licensee in a
breach of this code of conduct;
(c) wilfully or negligently make a false statement or complaint against
another licensee; or
(d) misrepresent to any person the type, class or conditions of his
or her licence. O. Reg. 363/07, s. 2 (2).
(3) Clause (2) (d) does not apply to an individual licensee who is
concealing his or her identity as a private investigator or Security
Guard in order to carry out his or her duties. O. Reg. 363/07, s. 2 (3).

Licensed business entities


3. (1) Every licensed business entity and every officer, director, partner
and sole proprietor of a licensed business entity shall, in the course of
conducting the licensed business,
(a) comply with all federal, provincial and municipal laws;
(b) treat all persons equally, without discrimination based on a
person‘s race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, age, marital status,
family status or disability;
(c) respect the privacy of others by treating all information received
in the course of conducting the licensed business as confidential,
except where disclosure is required for conducting the licensed
business or by law; and
(d) co-operate with police where it is required by law. O. Reg.
363/07, s. 3 (1).
(2) No licensed business entity and no officer, director, partner and sole
proprietor of a licensed business entity shall,
(a) conspire with another person or aid or abet another licensee in a
breach of this code of conduct;
(b) wilfully or negligently make a false statement or complaint against
another licensee; or
(c) misrepresent to any person the type, class or conditions of the
licensee‘s licence. O. Reg. 363/07, s. 3 (2).

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Section 3 - Basic Security Procedures

Section Overview

Security guards need to respond to changes in their environment, which includes actions
such as traffic movement, ensuring the safety of persons between and within locations,
monitoring and managing the access and departure of persons and vehicles and
observing and monitoring people. Security guards need to be aware of the correct way
to deal with these situations. They should have the knowledge and skills required to
assess the security of physical environments, to apply basic aspects of security in their
roles and to assess the impact of drug use in the context of safety for oneself and others.
This section represents generally accepted practices throughout the security guard
industry.

Important Note:

In this section a number of activities are discussed which are generally accepted as .
good practices for someone working as a security guard. Practices may vary from
one security company to the next so in addition to understanding the requirements of
the legislation and regulations it is important the security guard is also familiar with the
policies of their employer and not to rely solely on subjects covered in this guide or the
Ministry Curriculum.

Duties of a security guard

The duties and responsibilities of a guard vary from site to site. Guards must be well
attuned to changes and developments within the industry and the expectations and
obligations that are owed to the client, the public, and/or their employer.

It is the role of a security guard to protect people, property and information.


This may involve but is not limited to:

 E
 nsuring premises and property are protected in an appropriate and effective
fashion against a variety of natural and man-made threats.
 Preventing, detecting and reacting appropriately to the commission of criminal
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and quasi-criminal actions on or against the property of the client.
 Interacting with law enforcement officials and the justice system, where necessary,
such as apprehending and detaining someone who has committed a criminal
offence. Security may be able to supplement the efforts of police by securing crime
scenes until the police can arrive. Security personnel may also be a valuable
source of information to the police.
 Providing leadership and direction in emergencies and assisting emergency
personnel in times of crisis, e.g. directing fire fighters to the easiest/best way to
get to the scene of the fire.
 Controlling access to a site, including monitoring entrance & gate passage,
escorting people & valuables, inspecting bags.
 Controlling or restoring order to a crowd.
 Preventing work accidents by being aware of potential dangers, reporting safety
hazards and following directions to minimize the risk posed to others.

While there can be no doubt that some situations will involve physical intervention, the
majority of tasks assigned require a security guard to observe, deter, record and
report only.

Access Control

Access control policies vary from company to company.

Security guards may be required to observe and record who enters and exits a site. A
completed log sheet should record the individual’s name and the time of entrance to,
and exit from the site. The information obtained will permit guards to locate visitors,
either while on the property in the event of an emergency, or at a later time after they
have left.

A visitor’s pass also contains information which helps the guards to determine whether a
visitor has to be escorted, the name of the person who has authorized the visit, the
status of the visitor and their business while on the site.

Material Access

One of the most sensitive tasks that a security guard will have to deal with is the issue of
the removal of materials from a work site. People routinely leave a site with things like
computers, computer disks, and briefcases full of materials.

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The client (for example, a warehouse owner) must determine what steps are necessary to
protect his/her property. Security should follow these instructions carefully. The guard
should comply with the rules of access and protocols which should be provided by the
security guard’s supervisor when introducing employees to a new site.

Crowd Control

On private property, a security guard may have a role in maintaining crowd control and if
it escalates, there may be a necessity to call the police. When crowd control is
necessary, efforts to restore the peace or to control the crowd should be made with
several things in mind:

(i) the risk to life and/or property whether or not action is taken.
(ii) the personal risk to the security guard.
(iii) instructions of the guard’s supervisor or the client.
(iv) risks posed by leaving the post.
(v) availability of support or backup.
(vi) urgency.
(vii) development of tactics or plans for dealing with the situation.

After considering these factors and if the crowd threatens to get out of control the
security guard may wish to contact the police.

Traffic Control and Parking

A security guard may be called upon to control traffic on private property at gated
entrances to buildings or in parking lots, to ensure traffic safety and to assist in the
movement of vehicles. It is important for the guard to use conventional signals and
movements in order to be understood and seen by the drivers. Guards should be
dressed comfortably according to weather conditions. Proper reflective vests or cuffs
must be worn to ensure visibility. This control should be done in a courteous and
persuasive manner, trying to make people understand the reasons for the control.

Patrolling

The main purpose of a patrol is to maintain the security of the premises under the
security guard’s authority. Preparation for a patrol should always begin with an
understanding regarding the purpose of the patrol. For example, is the security guard:
 Expected to keep intruders away?
 Assist members of the public who appear confused or in need of assistance? 
 Check boilers and other equipment, to make sure they are still functioning
safely?

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The purpose of a patrol can change from time to time, even within a single shift. The
first time that a patrol is made, security may focus on breaches of the property by an
intruder; the second time, to make sure that the safety equipment on machinery in the
area is functioning properly; the third time, to check again for intruders and breaches
of the work site, and so on.

A thorough knowledge of the geography of the area to be patrolled is essential. The


security guard should determine in advance where telephones, water shut-off valves,
electrical and alarm panels and light switches are located, and where emergency
lighting is provided. The guard should also know where emergency equipment, such as
back-up generators, first aid kits, fire alarms, hydrants, and extinguishers, is located.
The guard should know the best routes to follow in an emergency, selecting the
simplest, most direct route with the least number of safety hazards.

The guard should make a list of activities that need to be done while on a specific patrol
and devise the route in advance, including a map of the major check points,
passageways, rooms, stairwells, doors and windows, and so on. Alternate routes should
be planned in case specific areas are made inaccessible due to an emergency such as a
fire, explosion, or chemical leak. The timing and route of the patrol should be varied to
ensure that it does not become too routine or too predictable. The guard should make
sure he or she possesses the proper equipment, including appropriate clothing.

Foot Patrol

Foot patrol is the most common method of patrol in the security industry. It is normally
utilized where it is not possible to provide the same protective coverage through other
methods such as motorized patrol or electronic surveillance. Virtually all of the senses
of the security guard (sight, hearing, smell, and touch) may conceivably be used during
foot patrol.

Advantages Disadvantages
Highly visible Restricted mobility and area of coverage
Knowledge of patterns and Length of time to patrol
characteristics of an area may help to Inclement weather prevents or curtails
anticipate an incident before it becomes some activities
more difficult to control Difficulty in carrying equipment such as
All senses may be used reports, forms, and first-aid kits
Ability to access smaller spaces such as Communication may present a problem,
stairwells unless portable radio or telephone
equipment is used
Supervision of foot patrols is difficult

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Vehicle Patrol

This type of patrol normally covers areas that are too great to be covered on foot. The
vehicles may be equipped with radios or mobile telephones and commonly are in
constant communication with the dispatcher. Precise instructions are given about the
type of patrol required. The patrols will often include parking lots, storage yards,
perimeter fence lines, outer perimeters and areas that are impractical to patrol on foot.

When a vehicle is used for patrol, security guards have the added responsibility to
check that the vehicle is functioning properly and will not become a hindrance before
taking the vehicle for patrol.

Advantages Disadvantages
Motor patrol is highly visible The vehicle may be restricted to
Larger areas can be covered in a shorter particular areas, such as roads or paths
period of time Vision may be partially restricted inside
Speed in responding to other areas of a vehicle
the site increased Inclement weather may prevent or
Additional equipment may be carried curtail some activities
Protection from inclement weather – rain, The engine noise made by a motor
snow, temperature extremes. vehicle may mask some noises or alert
others of the presence of security
Sealed cabs on some vehicles may
prevent the detection of some
dangerous situations (for example, the
potentially hazardous fumes that a
guard on foot would smell might not be
noticed by someone inside a vehicle)

Surveillance (Non-mobile Patrol)

Also known as visual or fixed patrols, with the assistance of technology, surveillance
enables a guard to remain stationary but keep a constant watch over a specific area.
For example, an entrance/exit point may be kept under continuous observation, or an
entire complex could be kept under guard with the assistance of mirrors, security
cameras and fences.

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Advantages Disadvantages
Access and egress (entry and exit) of the Cameras and fences may be
site readily controlled circumvented or defeated
Difficult for individuals to enter the All areas cannot be kept under
premises and physically attack the guard continuous observation – blind spots will
Guard station or highly-visible camera exist despite careful planning
placement act to deter would-be Reliance on equipment that may fail,
perpetrators especially in adverse weather conditions
Lower number of guards required to Personnel must concentrate on one area
contain the area. for long periods of time
Reliance on only one sense – vision
Response may be restricted to calling
police or internal personnel, especially if
the guard is not on site but is monitoring
from a different location

Drug Effects

Security guards may encounter individuals under the influence of drugs or alcohol. They
need to be aware of the signs of substance abuse as well as the impact of different
drugs on human behaviour (e.g. suspect going through withdrawal) in order to
deal with these individuals in a manner that will ensure personal safety as well as that of
the suspect. Guards should have an overall understanding of different types of drugs
and paraphernalia, the impact of using drugs on human behaviour and how to address
individual behaviour depending on the type of substance.

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Section 4 - Report Writing

Section Overview

Security guards are required to complete written reports of occurrences, duties


performed and comprehensive descriptions of their tasks/observances. They should
have an understanding of how to write reports that are objective and standardized.

Note-taking

A notebook is arguably a security guard’s most important tool – it is used on a daily


basis to provide an account of the events that unfolded on that day.

A notebook should be kept as neat as possible, be organized chronologically, and


should not be tampered with (for example, no pages should be torn out, as it may give
the impression that the security guard was trying to remove information). Overall, the
accuracy and the transparency of the notebook will reflect the integrity and reliability of
the security guard.

It is the security guard’s responsibility to make sure that their notebook is secure (for
example, the guard must not leave a notebook unattended in a place where a member of
the public could access it). However, the notebook is ultimately the property of the
security guard’s employer, so entries should be as legible as possible, with an emphasis
on accurate spelling of names and locations.

Reports should stick to factual information and observations, rather than opinions and
assumptions, and should contain answers to the following questions:

 Who? (names of suspects, victims, complainants, witnesses, etc.)


 What? (description of what happened, what each person involved did, what
evidence is available, etc.)
 When? (time, date, sequential account of what happened from start to finish)
 Where? (location where the incident took place, where each person involved
was situated, where evidence was found, etc.)
 Why? (describe the motives for what happened, if they are evident)
 How? (how the incident happened, how each person involved was acting, etc.)

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Reports as Evidence

Security guards may receive a subpoena and be called upon to testify in court in relation
to a situation they dealt with. They may be asked to recall specific details about the
situation, so it is imperative for the security guard to keep thorough and accurate notes.
When on the witness stand, the security guard may be permitted to refer to his or her
notes. However, the notes should serve as a memory aid only: if the notes are clear,
they will help the security guard recall details about a situation, but the security guard
should not have to read directly from the notes. As such, prior to appearing in court, the
guard should carefully review all notes and try to remember as many details about the
situation as possible.

Statements

A security guard may on occasion be required to take a statement to secure the


information provided by a witness. The key purpose of taking a statement is to ensure
an accurate record of the recollection of an event or occurrence by the witness. A
statement should be taken freely with no threat or promise made to the witness.

Statement protocols vary from company to company. General good practice is for
statements to include the following:

 Full name of the witness, date of birth, identification.


 Employment of the witness and contact information.
 Address of the witness, location of statement.
 Date of interview.
 Time commenced and concluded.
 Name of security guard and company who took the statement.
 An introduction paragraph including day’s events and observations.
 Verbatim (word for word) transcription of the witness’ recollection of the events.
 Closing paragraph that ends the statement.

For example, the closing statement can read:

“I, (witness name), have read the above six-page statement and find it to be accurate to
the best of my recollection. I have been advised that I could omit, delete or change any
part of the statement prior to signing it.”

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As this example indicates, the security guard should give the witness the opportunity to
review the statement and ask for changes to be made before they agree to sign it. If a
change is requested, a line should be drawn through the item being removed, with the
initials of both the witness and the security guard at the beginning of the correction and
the end.

Report writing
Security guards are required to complete written reports of daily officers repots called
“DOR”, occurrence report, duties performed, and detailed descriptions
Of events that happened during their shift.
The purposes of reports

 Recognizing legal implications of reports and confidentiality


 Incorporating who, what, where, when, why and how in report writing
 How to take a statement
 Identifying the appropriate method of communication to report an issue
 relevant factual data and circumstances in a notebook
 The basic elements of report writing
-date
-time
-location
-actions/behaviours
-description of individuals
-observations
-time of completion
-do not skip lines or pages, do not erase or blot out errors
-write your notes as soon as possible after the event
-factual information

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Section 5 - Health And Safety

Section Overview

The requirements of the Occupational Health and Safety Act and the Workplace
Hazardous Materials Information System (WHMIS) ensure the occupational safety of
security guards and those with whom they interact.

What is WHMIS?

WHMIS is a national system that provides information about dangers and safe handling
of materials in the workplace, including biological and chemical substances. The goal is
to ensure that workers have the knowledge and skills to protect their health in the
workplace. Security guards may not work directly with hazardous materials, but may be
exposed to them at work. Security guards should be familiar with the WHMIS symbols
and how to respond to hazardous situations (see Appendix A.)

WHMIS sets out the responsibilities of suppliers, workers, and employers. Information
about hazardous products should be readily available in the workplace. The employer
must have procedures in place that are appropriate for the workplace and conditions of
use of a product.

Security guards should have training to understand workplace hazards and know what
controls are in place to protect them from such materials, including operational policies or
personal protective equipment. Security guards should also be informed by their
employer about procedures to follow in case of an emergency with hazardous materials.

Security guards should be prepared to deal with an emergency situation. This includes
reviewing any available Material Safety Data Sheets (MSDS) for potentially hazardous
materials. Security guards should evaluate the hazards they may be exposed to and
consider the tools and equipment needed in an emergency. Emergency response
contact numbers should also be posted in a visible location.

When there is a health and safety risk that requires emergency response, security
guards should:

 Know when to initiate the emergency response plan


 Evacuate the area and restrict access
 Contact the employer’s WHMIS response team or emergency services.

Some examples of situations that may require emergency response include chemical
spills or leaks, fires or explosions, or improper exposure to a dangerous substan

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Section 6 - Emergency Response Preparation

Section Overview

Security guards are expected to respond to emergency situations and to minimize the
impact caused where the security guard is working. They may be required to perform a
variety of duties during emergency procedures and should understand the importance
of scene management.

Emergency Situations

It is important for security guards to know how to identify potential emergencies and
what procedures to follow.

Emergencies may involve fire, bombs, weapons, suspicious packages or explosive


devices. The extent of personal injury or property damage that arises from an
emergency situation can vary.

Emergency Response Procedures

Security guards should be familiar with any emergency response procedures shared
with them by their employer to ensure an effective response during an emergency.
These procedures provide a course of action for preparing and responding to an
emergency.

Security guards should be aware of any plans that are in place to respond to any
sudden, unexpected action that may cause personal injury or property damage. Plans
would be based on the best available information as to the type of emergencies that may
arise and the extent of personal injury and property damage that may occur. These plans
would determine what equipment should be acquired and what training should be
provided in order to respond effectively and quickly to any emergency.

Potential Roles of a Security Guard During an Emergency

A security guard’s role in certain emergency situations is determined by the employer or


client and should be documented before the security guard begins to work on the site.

For example, the expected response to an intrusion alarm will vary depending on the
employer. In some cases, the security guard will be expected to call the clients and the

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police and await their arrival. In other cases, security guards may be asked to
investigate the cause of the alarm and secure the scene.

In the case of a fire, the security guard may be expected to activate the fire alarm and
contact the fire department. The security guard may also be expected to assist with the
evacuation of the premises, including crowd control, and provide direction to emergency
personnel when they arrive.

Prevention and Detection of Fires

The detection and prevention of fires is an essential part of the duties of a security
guard.

Whether on patrol or operating a fixed point, a security guard should be constantly on the
lookout for fire hazards. Watching for the common things that are likely to generate a fire
(for example, electrical equipment that produces heat or sparks when it shouldn’t,
combustibles placed near sources of heat, or routinely scanning for evidence that a fire
has already started such as alarms that have been activated or smoke and heat in places
where they shouldn’t be found) is likely to assist security guards in the performance of
their duties.

Some basic things to watch for:

 Explosives or flammables should not be stored near potential sources of ignition; 


 Corridors, particularly those that are likely to be used in an emergency
evacuation, should always remain free of obstructions or impediments, and
combustible or flammable materials should not be stored there;
 Exit doors, including the floor area on both sides of the exit door, should be kept
clear and accessible at all times;
 Damage or deterioration of fire suppressors; 
 Fire alarm systems must be operative.

Alarm Response

Security guards respond to alarms, and should have a basic understanding of the
principles of protective and fire alarm systems that they are likely to encounter, with
some information on the functioning of such systems

There are several types of alarm systems:

 Infrared
(most common) - detects motion in large areas by picking up infrared
(heat) changes
 Physical contact - detects a door or window being opened when the two parts of a
sensor come apart
 Photo-electric beams - detects a visible or infrared beam being broken, like
garage doors use
 Seismic - detects physical shocks in certain frequency ranges like glass breaking 
 Vibration - detects movement using very sensitive sensors mounted on fences or

42 | P a g e
other structures
 Ultrasonic (rare) - detects motion like bats, using bouncing sound waves we can't
hear
 Microwave (rare) - detects motion using bouncing microwaves
 Electric fields (rare) - detects presence using electrical wires, measuring changes in
amplitude
 Trip wires (rare) - detects intrusion when someone physically bumps a tightly
strung wire.

During alarm response, guards should stay in touch with the dispatcher, a supervisor, or
another guard when possible. The guard’s own safety is the priority. If a crime is witnessed
or confirmed from the findings, the guard should call police immediately and back off,
observing the area from a safe distance.

Duty of Care

Security guards need to be familiar with the concept of duty of care (what a reasonable
person should do in a particular situation) and be capable of securing and protecting a
crime scene until the appropriate personnel arrive.

General Procedure IN A FIRE ALARM

In the event of an alarm

1. Remove anyone from immediate danger

2. Activate the building fire alarm system and call 911

3. Control the fire by closing all windows and doors

4. Evacuate the building ,Extinguish the fire, if it can be done safely

How to Survive a Building Fire

5. Crawl If There's Smoke

6. Feel Doors Before Opening

7. Go To The Nearest Exit

8. Always Use An Exit Stair, Not An Elevator

9. Close Doors

10. Use a fire extinguisher if the fire is very small and you know how to use it
safely

11. If you are on fire - Stop, Drop and Roll

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If You Get Trapped

1. Close the door

2. Seal cracks

3. Open the windows if safe

4. Signal for help and phone 911

5. Don't jump; the fire department will reach you

II. If You are Physically Impaired

If you are disabled (even temporarily), you should do the following:

1. Learn about fire safety

2. Plan ahead for fire emergencies

3. Be aware of your own capabilities and limitations

2. Look for "areas of refuge" like stair enclosures or other side of corridor fire
doors. Elevators are not safe during fires. Sometimes it may be safer to stay
in your room. Follow the advice for being trapped.

3. If there is an immediate threat to safety, ask others near you for assistance.
If no help is available, seek refuge in a room with a window or stairway. If
possible, call "911" to report your location and receive instructions from the
Emergency Operator

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The Nature of Fire
No single hazard represents a greater threat to life and property than fire. Fire requires three
components being heat, fuel and oxygen.

four stages of fire are:

1. Incipient - Invisible products or combustion are giving off no flame and smoke is not
visible.
2. Smouldering - Smoke is now visible, no flame or appreciable heat.
3. Flame - The fire is born. Flame and smoke are now visible however, heat is still low
4. Heat - Heat is intense and growing rapidly - air is heated and expanding.

Fire is usually classified into four groups. This system of categorization provides information
regarding the types of equipment most suitable for fighting the fire and hazards:
Figure 8.4.2(1)

Class A Ordinary combustible materials such as paper, wood, furniture,


or water fog will effectively fight these fires by absorbing heat e

Class B Volatile liquids such as gasoline, grease, oil. Such liquids


various quantities in every facility. To extinguish such a fire
effect such as that achieved with a dry powder extinguisher

Class C Fires in electrical equipment such as transformers and generator


conductive extinguishing agent such as a dry chemical must be

Class D Combustible metals, such as magnesium, sodium and potassium


chemical extinguishers must be used.

The size and type of materials burning will determine the potential intensity, toxicity, duration
and spread of the fire. The potential fuel consists not only of stored materials such as office
supplies, files, raw materials for manufacturing and cleaning supplies, but also includes the
fixtures such as drapes, wall coverings, ceiling tiles, wooden doors, furniture, and similar
45 | P a g e
materials.

A formula, often used by fire fighters to estimate an increase in the size of a fire
states that, a fire will double in size for each minute that passes.

The Hazards of Fire


The first and most obvious hazards presented by fire are the effects of heat and
burning. There are also a number of other hazards presented by fire
Smoke

is a visible gas that can be both a pre-cursor and a by-product of fire. Smoke
generally rises and will eventually infiltrate any area that is not sealed in a manner
that makes it air-tight.
Smoke poses a general respiratory hazard and may also be extremely toxic.
Additionally, the presence of smoke can result in loss of visibility, which can lead to
disorientation and inability to avoid obstacles. Inhaling smoke, even smoke that is
not filled with extreme toxins, can lead to immediate and long-term health hazards.
Breathing air contaminated with smoke can lead to unconsciousness and death.
Areas contaminated with smoke should be avoided. If smoke is already present in
an area, one should stay close to the ground while moving towards the
nearest escape route. Filtering breathing air through a wet cloth will aid in
preventing the inhalation of airborne particulates, but will not be effective in
removing the gaseous portions of the smoke.
Vapours

Are non-visible gases that can be both a pre-cursor and a by-product of fire.
Vapours can often be detected by the odour that is present in the area however
some types of vapours will be odourless. Vapours may be lighter than air causing
them to rise, or, heavier than air and sink towards the ground level. Vapours will
eventually infiltrate any area that is not sealed in a manner that makes it
airtight.
Vapours pose a general respiratory hazard and may also be extremely toxic.
Vapours can also be highly volatile and may present an additional fire hazard as
they can be ignited by a spark or a flame. Examples of substances that can produce
this type of hazard are gasoline and varsol.
Areas contaminated with vapours should be avoided. If vapours are already
present in an area one should move towards the nearest escape route, and try to
minimize breathing until an area with less contaminated air is reached.

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Structural Damage

Often found in areas that have been affected by fire. The heat generated by the
fire can weaken load bearing components of a building such as truss beams.
Collapsing floors and ceilings are also often found in areas that have been affected
by fire. The weight of water in use as a suppressant can also contribute to the
weakening of those components. Also, cold water coming into contact with heated
glass may result in a shrapnel type of hazard. In addition to those components,
other elements found in buildings such as decorative wall and ceiling coverings or
other fixtures that have been damaged by heat and water can present hazards such
as falling debris.
Shock Hazards

can occur when the insulation on electrical wiring is damaged by heat, causing the
current carrying wires within to become exposed. Additionally, areas where
sprinkler systems have been activated can present shock hazards when the release
of water takes place at or near electrical rooms.

Fire Control Systems

Fire Control Systems consist of several components that operate in conjunction with
each other and provide an automated means of
1. Detecting fire by the use of sensors
2. Reporting fire by emitting audible and visual electronic signals
3. Suppressing fire by releasing extinguishing agents
There are two basic variations of fire control systems. One is referred to as a
Single Stage
system. The other is referred to as a Two
Stage system.
In a single stage system a fire alarm will cause an audible Evacuation signal to be
broadcast throughout the site. This will typically be in the form of a mechanical
bell, or an electronic siren or tone. An Evacuation signal means that people in the
area the signal is sounding in should leave the area.
In a two stage system a fire alarm will cause an Evacuation signal to be
broadcast to an area where the sensors have detected a fire condition. The
remainder of the site will receive an Alert signal. An Alert signal that is not
acknowledged within five minutes will be automatically upgraded to an Evacuation
signal by the system, An Alert signal means that people where the signal is
sounding should remain where they are , but be ready to leave if the signal
changes to an Evacuation signal.

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Fire Alarm
Panels
The brain of a fire control system is the Fire Alarm Panel. It is an electronic device
that ties together all the components of a fire control system. On many sites there
are multiple panels which are connected to the same central processor.
The Main Fire Alarm Panel is often located at a main entranceway or main lobby
area. In some facilities a separate room called the Communications and Control
Facility (CACF) or Life Safety Room is where the main panel can be found.
Alternate locations would be in electrical, mechanical, or other similar service
rooms.
This type of panel collects signals from sensors and provides a display that gives
detailed information as to the type of sensor and location of the sensor that is
sending a signal. There will be controls allowing the user to acknowledge,
silence and reset the circuits providing such signals.
A Sub-Panel is typically found at a building entrance. This type of panel will provide
a duplication of the display appearing at the main panel and will usually have
fewer user controls available. Depending on the site, the sub-panel or main fire
panel might be referred to as an Annunciator Panel.

There are three basic types of


signals:

Fire Alarm
A fire alarm signal will cause an audible alert to be broadcast throughout the
site. This is in addition to audible and visual indicators which will appear at the
fire panel itself.

Trouble signal

A Trouble signal will cause an audible and visual alert to appear at the fire panel
itself. This generally indicates an electrical or mechanical fault within the system
that will require the attention of a service technician.

Supervisory signal

A Supervisory signal will cause an audible and visual alert to appear at the fire
panel itself. This generally indicates that a key component of the fire control
system is not operating within normal limits. These types of signals are
typically more serious than trouble signals and if not addressed problems could
cause a full fire alarm.

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Resetting Fire
Panels
A fire panel that is reporting a fire alarm must not be reset until a reset has
been authorized by the Fire Department. The resetting of the fire panel after a fire
alarm is the responsibility of the building owner, not the Fire Department. It is
always advisable to try and achieve a reset at the fire panel before the Fire
Department has left the site.
A critical point to consider during reset procedures is that the root cause of the
alarm such as a smoke detector or a manual pull station must be reset before the
main panel can be fully reset.

Communications

In addition to the functions noted above, most modern systems will provide a voice
communications capability.
An Emergency Voice Communications system provides a means to broadcast voice
messages throughout the facility. These systems may also be referred to as Public
Address (PA) systems. In most modern versions of these systems the operator is
able to select specific areas of the site that messages will be broadcasts to, or, may
select a setting that will broadcast to all areas of the site simultaneously, known as
an ―All Call.‖ In the most modern systems there may be an option for using pre-
recorded voice messages that inform the building occupants of different emergency
conditions.
One important point to consider is that upon the activation of the PA microphone,
there will be a one minute delay before the microphone can be used to make an
announcement. This one minute inhibit feature is in place to ensure compliance with
the laws of the province, which mandate that the bells must ring for one full minute
before any interruption of bells occurs.
Firefighters Telephones, typically located near stairwells in red coloured cabinets,
are linked to a master handset located at the main fire panel. These telephones do
not provide a direct line to the Fire Department, but rather, are in place to be used
by firefighters or other persons to talk to the panel operator during a fire
emergency. During a fire emergency there will be a firefighter stationed at the fire
panel.
Alarm Monitoring Stations are contracted services that are located off-site and
receive electronic signals from the client site. Signals from the fire panel are
transmitted via telephone lines to a computerized monitoring system that identifies
the site the alarm is originating from and the type of alarm being received such as a
fire alarm or a trouble alarm. These services are not intended to replace on-site
staff and it is your obligation to call 911 in the event of a fire emergency. The
true value of alarm monitoring services is realized at sites that are unattended by a
live person or when on-site personnel are unable to call for assistance.

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Initiating
Devices
Initiating devices are the electro-mechanical devices that send signals to the fire
panel and cause it to report a fire alarm. Some initiating devices can operate
automatically while others are manually activated by a person.
Smoke Detectors commonly use one of two technologies to detect smoke --
ionization or photoelectric. Smoke detectors will be found deployed in common
areas and routes of egress, but are not suitable for use in areas that are dusty or
unheated.
Heat Detectors are devices that react to changes in temperature. Heat detectors
commonly use one of two technologies to detect heat – fusible link and rate of rise.
Heat detectors are found deployed in areas that are dusty or unheated.
Water Flow Detectors are devices that react to the movement of water in sprinkler
pipes. This is achieved by installing a water paddle into the sprinkler pipe and
connecting it to an electronic circuit.
Manual Pull Stations are devices that respond to deliberate activation by a human
being. When the switch is pulled down from the normal position, an electronic signal
is sent to the fire panel, causing a fire alarm to be reported.
A manual pull station that has been activated will cause a fire alarm to register at
the fire panel. In a building with a two stage system the alarm registered will be
a second stage (evacuation) alert in the area the pull station is located in and a
first stage (alert) in other areas of the site. In some buildings, activating the pull
station will expose a keyway that can be used to advance the overall alarm to
second stage (evacuation) for all areas of the site. Verifying that you have a key for
this task on the security key ring is an essential part of the shift start routine for all
Security Guards.
Some manual pull stations are fitted with a small glass rod that is broken when
the pull station has been activated. Although the device can be reset without doing
so, a replacement rod should be installed. Pull stations that do not feature the glass
rod generally require that a small screwdriver or similar tool be used in order to
properly reset the pull station.

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Sprinkler
Systems
A sprinkler system is a network of pipes and pumps which distribute water
throughout a site. The two most common types of sprinkler systems are a wet
system and a dry system. Wet Systems have water present at all times in the
pipes. These systems are generally found in areas of buildings that are heated. Dry
Systems are used in unheated areas where pipes might freeze in cold weather.
Water is held back in dry systems with air pressure. When a fire alarm occurs the
system allows water to flow into the pipes.
Stand Pipes are the vertical pipes that serve water to the Fire Hose Cabinets. This
portion of a system does not release water automatically, but can be used manually
to release water to suppress a fire.
Siamese Connections are water intake connectors and are located on the exterior of
buildings. These connections are for use by fire department personnel exclusively.
The use of these connections allows water from an external source to be pumped
into the network of sprinkler pipes within the building.
Sprinkler Heads are the opening through which water is discharged in order to
suppress the fire. Sprinkler heads have a fuse which will melt when the
surrounding temperature exceeds a specific point. The fuse of a sprinkler head is
not user serviceable and the sprinkler head requires replacement once it has been
used. A sprinkler head is not ―gang connected‖ to other sprinkler heads which
means that only the sprinkler head that is activated will discharge water.
The Fire Pump is a mechanical device that moves water at increased pressure
throughout the system and will compensate for the effects of gravity to allow water
to flow at an increased rate, in any direction. The Jockey Pump is a smaller pump
that is used to compensate for deficiencies in the required pressure within a
system. The purpose of the Jockey Pump is to save wear and tear on the main
Fire Pump.

Alternate Suppression
Systems
In addition to sprinkler systems, there are suppression systems that
release agents other than water for the purpose of suppressing fires. The
agent released may be a fire retardant chemical powder or a gas. There are
a number of variations of these types of systems and new technology is
being developed and deployed constantly.
These alternate types of systems are most often found in computer or
equipment rooms where the use of water would cause significant permanent
damage to the equipment deployed in those rooms.

The agents released by these systems may be a health risk or create an

51 | P a g e
environment hazard and it is essential that guards become familiar with the
technical details of any such systems in use at their site. Once a fire has
been detected by the system the alarm is activated.
There is a built-in delay before release of the suppression agent, which will
allow the room occupants to evacuate before the agent is released. There
is generally an Abort control that can be used by room occupants to
cancel the activation of the system. When the exit delay countdown has
expired, the suppression agent is released.

Manually Operated
Equipment
In addition to automated suppression systems there will be equipment that is
operated manually in order to suppress an active fire.
Fire Hose Cabinets are found situated near exits and other critical areas. These
cabinets contain a valve that is connected to the stand pipe and a large diameter
hose that is stored in a folded or rolled-up configuration. Additionally, there is
generally a portable fire extinguisher stored in the cabinet. This equipment is in
place so that it can be used to clear an escape route when there is no other option
available.
A critical detail when using a hose from one of these cabinets is that the hose must
be fully extended from its stored configuration before the stand pipe valve has been
opened
Fire Extinguishers may be filled with a liquid, powder, foam, or gas type of fire
suppressing material.
There is also a gauge that indicates whether or not the extinguisher is functional.
The trigger mechanism will have a safety device which consists of a locking pin that
must be removed (pulled) before the trigger lever can be activated. Fire
extinguishers are classified by the type of fire they effectively fight. Multiple class
extinguishers are very common such as ABC extinguishers. Fire extinguishers
should be regularly inspected by Security Guards while on patrol to ensure they
are still available for use and are fully charged.
Kitchen Systems are typically located over the cooking area in a restaurant type of
environment. These systems are typically activated by a switch or a pull-type
lever. The fire suppressing agents released by these systems will be similar to
those found in a portable extinguisher.

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Elevators in a fire
emergency
When there is a fire alarm the elevators will return to the ground floor. If the fire
alarm is originating from the ground floor they may return to the second floor level.
Once the elevators have come to rest at one of these levels, the car doors will
remain in the open position and normal user activated controls become
inoperative to prevent persons from taking the elevator back to another level of the
site.
In a typical configuration there will be a keyway located at the exterior of the
elevators that controls the automated recall function. In order for the automatic
recall function to be available during a fire alarm, the setting at that keyway should
be ―Auto‖. If for any reason the elevators fail to recall automatically during a fire
alarm this same keyway can be used to manually recall the elevators by turning
the keyway to the ―On‖ position. Elevators must be reset after an all clear.
Firefighter‘s Elevators are configured differently from standard passenger
elevators. These are the elevators which will be used by firefighting crews during a
fire emergency. The firefighter‘s elevator can be identified by a sign depicting a
firefighter‘s hat.
Most elevator cars have the capability of being operated in fire service
mode, however firefighting crews will always prefer to use the dedicated cars.
There will be a keyway on the car interior with a separate key that is used to enable
fire service mode.
When a car is being operated in fire service mode the door open button must be
held down until the doors are fully open whereas a normal service elevator
requires holding the button to close the door. If the fire service open button is
released before fully open, the doors will automatically close. For this reason a car
in fire service mode must have a person acting as the car operator because if the
doors close on an unoccupied car, there will be no way to regain control of the car
from the outside in a timely manner. Security Guards must not take a fire service
elevator to an area in alarm to investigate because when the doors open there may
be a fire directly in front of you.

Fire
Watch
When a system or a portion of a system becomes inoperative, a fire watch patrol
must be conducted in the areas of the site that are not protected by the system due
to the technical fault. A Fire Watch patrol consists of a human presence, at least
once per hour, checking for signs of fire in the affected areas. There must be a
log entry recorded that shows the patrol has been conducted.
In all cases, both property management and the Fire Department must be
notified of the disruption in service.

53 | P a g e
Fire
Fighting
An environment where an active fire is occurring presents both immediate and long-
term hazards to health. In addition to extensive training, firefighters are outfitted
with protective equipment. There is also a North America-wide policy at Fire
Departments which stipulates that no single person shall engage in firefighting or
investigating a possible fire scene. The minimum crew size is set at two persons.
Clearly, Security Guards do not meet the training requirements noted above,
nor are they suitably equipped. The only times a Security Guard should
personally engage in fighting a fire
are
:

After the general alarm has been activated


When the guard has been trained in the use of the extinguishing equipment
When the fire is small and there is no threat to human life
There is an immediate need to clear an escape route

Fire Extinguisher
Use
Ensure you have the right type of extinguisher for the flammable materials to be
extinguished. Use of the PASS acronym is an aid in memorizing fire extinguisher
operation

Pull the safety pin out

Aim the extinguisher nozzle at the base of the flame

Squeeze the extinguisher trigger

Sweep the spray of the extinguisher from side to side


Fire
Procedures
Security Guards can expect to encounter variations in fire procedures from site to
site. Each site will have published procedures that are designed to make use of the
equipment and personnel available at that specific site.
There are, however, a base set of procedures that can be applied to any site. The
base procedures comprise a minimum number of steps that ensure all the legal
responsibilities are discharged and that the technical needs of the fire department
are met. The procedures listed are general and should not be viewed as being
equivalent to procedures that have been custom designed to meet a site specific
situation. Security Guards have an obligation to become familiar with the site Fire
Safety Plan and the Security Standing Orders for the site they are assigned to.

54 | P a g e
These procedures are designed to fulfill the legal requirements and the technical
needs of the responding Fire Department staff. The basic procedures are listed
below:
1. Go to the fire panel; write down the alarm location and the current
time. Do not attend the area of the alarm.
2. Call 911. Identify yourself, state the street address and report the fire alarm.
3. Ensure that elevators have grounded. If not ground them manually using the
site keys.
4. Gather the Fire Safety Plan, Firefighter‘s Keys the Persons Requiring
Assistance List
and provide these to fire crews upon request.
5. Ensure that doors are open for arriving fire crews. Meet them at the doors.
6. Broadcast the first PA Announcement while waiting for the Fire
Department to arrive,
7. Report to the Fire Captain and provide assistance as directed by him.
8. Reset the fire panel only when authorized by the Fire Department.
Magnetic Locks ―Mag-locks‖ are electric locks that provide door security by
means of an electromagnet that holds the door closed. The law requires that
electronically locked doors be released (unlocked) upon activation of a fire alarm.
This requirement is in place to ensure that all persons at a site are able to exit the
building during a fire emergency.
During the initial response to a fire alarm, one of the tasks a Security Guard
should complete is to check a nearby door that is fitted with a mag-lock, to ensure
that mag-locks have released. If it is found that mag-locks failed to release, they
must be released manually. The master control for releasing or securing building
mag-locks can often be found at or near the location of the main fire panel.
Whether the mag-locks are released automatically by the system or manually by
means of the master control switch, the final result will be that all doors protected
by these locks will become unlocked. A critical post-alarm task for Security Guards
is to ensure that mag-locks are re-set once the fire department has declared the
fire emergency to be over. It is essential that the fire panel is reset and all
outstanding fire alarm signals have cleared before attempting a mag-lock reset.
Existing fire alarm signals at the fire panel will prevent the mag-locks from
resetting.
Prevention is achieved by conducting thorough patrols of the site. Ensuring that fire
exits are not blocked, fire safety equipment is in place and operable, and that fire
hazards are removed or repaired. Problems observed during the Security Guard‘s
patrol are to be documented in daily and special occurrence reports, as per the
normal practice at that site.
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Detection of fire in the early stages can be achieved by remaining alert for
excessive heat, strange odours, and signs of smoke while on patrol. The
Security Guard will frequently travel through areas of a site that are not
accessible to general users of the facility or are not visited by other operations
personnel for extended periods of time, such as after-hours and weekends.
Mechanical, electrical, and storage areas generally present a higher risk, because
of running equipment and various combustible materials kept in stock in those
areas.

Items to check for while conducting


patrols:

Fire Hazards

Accumulated paper or rubbish


Piled oily rags
Smoking in prohibited areas Defective or temporary wiring Lack of ventilation
Unsealed or open containers of
volatile liquids

Equipment

Worn or missing fire hoses Pressure on sprinkler systems Inoperative alarms


Missing or defective extinguishers
Improper extinguisher type for fire hazard.

Miscellaneous

Blocked fire exits


Vehicles parked in fire lanes
Fire doors propped open
Office equipment left on after hours.

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Section 7 – Canadian Legal System

Section Overview

Security guards work within the Canadian legal system. They need to be familiar with
the Criminal Court System, the Ontario Evidence Act, the Canada Evidence Act and
how these apply to their positions to ensure the information they obtain is admissible in
court. They should have an understanding of the differences between federal,
provincial and municipal law and the differences between criminal and civil law. They
should have an understanding of the hierarchy of the court system and the
requirements for the admissibility of evidence.

Canadian Criminal Court System

Security guards may be required to prepare for legal proceedings, present evidence,
prepare themselves and/or witnesses for testimony and follow up on the outcome of
court proceedings. Security guards need a general understanding that all investigations
should be concluded as if the case could potentially go to trial and therefore handle
themselves accordingly to ensure that no procedural or administrative mistakes are
made.

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Evidence Handling Techniques

Where police are not immediately available, security guards may be called to secure
evidence that may be used in court. They should know how to collect and preserve
evidence while preventing it from becoming contaminated. They should also know how
to present admissible evidence in court. The six core steps for containing evidence are
collect, secure, preserve, identify, ensure continuity, and log.

Care and Control of Evidence

In the event of an incident security guards should treat all evidence as though it could
potentially be used in a trial. When physical evidence is presented at a trial, a chain of
custody of the uninterrupted control of evidence must be clearly shown; the evidence
must be properly identified and must be relevant to the case before the court. If the
security guard must collect the evidence, the bag in which it is contained should be
marked with the security guard’s initials and the time and date when gathered. It is
important to limit the number of individuals who handle the evidence to the smallest
number possible and properly document each transfer in order to maintain the chain of
custody.

Criminal Law

Criminal Law is the standard of behaviour that governs all people in our society.
Its main purpose is to protect all citizens, keeping communities peaceful and safe by
regulating our conduct. A person accused of committing a criminal offence is entitled to
appear in a court of law to answer to the accusation. The Court must be satisfied that
the person is guilty of the conduct – that is, an offence detailed in the Criminal Code
(Canada) has been committed – before punishing the person. The Court can be
satisfied of this in one of two ways: by the accused person admitting guilt (a guilty
plea), or by finding the person guilty after trial. The federal government has the
responsibility of creating criminal laws and has placed the bulk of them in a
comprehensive piece of legislation called the Criminal Code (Canada).

Provincial Law

Provinces have passed acts which create provincial offences. Provincial offences in
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Ontario are prosecuted under the Provincial Offences Act and are processed much like
summary conviction offences under the Criminal Code (Canada).

Municipal By-laws

By definition, these laws are specific to each municipality. Security guards need to be
aware of the by-laws that are specific to their area. Typically, each municipality will have
by-laws in place to regulate things such as noise limits, occupancy limits, traffic rules,
etc.

Security guards can access the list of by-laws in their area by contacting their
municipality’s town or city hall, or by visiting its website.

References/Resources

Department of Justice Canada:


http://www.justice.gc.ca/eng/dept-min/pub/ccs-ajc/page3.html

Canada Evidence Act:


http://laws.justice.gc.ca/en/C-5/

Ontario Evidence Act:


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90e23_e.htm

Provincial Offences Act:


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm

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DIFFERENT TYPES OF COURT SYSTEMS

Supreme Court
The Supreme Court of Canada has nine Judges, called Justices, including the Chief Justice of
Canada. The Supreme Court makes decisions on appeals regarding questions of Law and also
provides decisions regarding the constitutionality of laws passed by Parliament.

Federal Court of Appeal


This court reviews decisions made by certain Administrative bodies such as the Immigration
Board, etc.

Tax Court of Canada


This is a specialized division of the Federal Court of Appeal.
Federal Court Trial Division
Judges of the Federal Court may sit as Judges at the Court of Appeal and vice versa, however
this is not often practiced. This court makes decisions on Federal matters such as privacy
legislation, etc.
Ontario Court of Appeal
―Appellate courts‖ are in place for every Province and Territory of Canada. These courts
review the decisions of Superior Courts and provide some guidance to the Territory or
Provincial Government when requested, similar to what the Supreme Court does for the
Federal Government.
The Court of Appeal for Ontario hears cases related to civil law, constitutional law, criminal
law and administrative law, such as the Private Security Investigative Services Act and other
regulations of Ontario. This is the highest level of court hearing appeals in Ontario, unless a
matter is referred to the Supreme Court of Canada.
Decisions made by the Ontario Court of Appeal are binding on all other courts in Ontario
whereas decisions made by a Court of Appeal in another province are used more as a
guideline for the lower courts as a best practice.

Court of Ontario
The court of Ontario has two divisions, the Superior Court of Justice and the Ontario Court
of Justice.

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Ontario Superior Court of Justice
The Superior Court of Justice was previously called the Ontario Court of Justice. The Ontario
Court of Justice was originally formed when the High Court of Justice, District Court and
Surrogate Court were combined in the 1990‘s.
The Superior Court of Justice holds proceedings related to divorce, law suits not considered
―small claims‖ and prosecute indictable offences, including all of those cases heard before a
Judge and jury. The Superior Court hears appeals from Summary Conviction (less serious)
cases.
The Ontario Superior Court of Justice has a special division that deals with law suits for
small claims where lawyers do not represent the parties to the claim.
This Court also reviews the decisions of lower courts and the Ontario Human Rights
Tribunal, Ontario Labour Relations Board and so on.
The Superior Court also has a branch that deals exclusively with appeals and reviews of
tribunal decisions called the Divisional Court.
Some family law cases are heard by the Ontario Court of Justice. These matters do not
concern cases where there are claims regarding the division of property, child support and
custody.
Ontario Court of Justice
The Ontario Court of Justice was previously called the Ontario Court, Provincial Division.
This court is created under Ontario Provincial Statute and the jurisdiction is limited as a
result. Most of these courts were formed from previous local courts that were historically
presided over by Magistrates and Justices of the Peace, who were not necessarily educated as
lawyers but appointed. Originally these courts were managed by municipalities.
The Ontario court of justice deals with summary conviction offences and family law matters
except as noted above.

Family Law
Family law concerns matters of divorce, child custody, support and so on and are generally
not a subject of concern for most day to day functions of a Security Guard. That said, it is
possible that Security Guards become involved in a domestic matter that causes a disturbance
on a protected property. In this event, it is often best to involve the Police if there is a dispute
involving custody of children and other contentious matters as the Police will be able to
obtain more clear information regarding the legality of these issues than a private security
professional.

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Municipal Court
System
Security Guards may be engaged in the Municipal Court System, particularly related to
parking offences for which they must give evidence on behalf of the Crown when an
accused indicates they intend to challenge a Certified Contract Officer‘s evidence.
The Provincial Offences Act and related Regulations apply to these proceedings. These
trials will be presided over by a Justice of the Peace. The Defendant may be absent and
represented by an Agent, sometimes a lawyer but more often a Paralegal practitioner.
For parking infractions, the Defendant is always the company or person who is named as
the registered owner of the vehicle.
The prosecutor is employed as an agent of the
city.

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Section 8 – Legal Authorities

Section Overview

The section focuses on the broader legal context of private security including the rights
and limitations when performing duties as a security guard. This includes understanding
where a security guard derives his/her authority to carry out job functions. An
understanding of legislation in addition to the PSISA that impacts on the job of a security
guard is recommended.

Handling Information and the Personal Information Protection and Electronic


Documents Act (PIPEDA)

PIPEDA is a law designed to protect personal information. If while performing duties as


a security guard you are handling personal information, you should not use or disclose it.
There may be other privacy legislation that relates to the handling of information by a
security guard, such as the Freedom of Information and Protection of Privacy Act
(FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA).

Additional Legislation

Trespass to Property Act

This Ontario law allows occupiers of private premises to determine who is or isn’t
allowed on these premises. An occupier may also designate individuals who are
authorized to act on the occupier’s behalf when it comes to allowing individuals on their
premises. By nature, security guards often fill this role, as it is usually their
responsibility to control access to a specific location.

According to subsection 2(1) of the Act, a person may be found guilty of a trespass
offence if:
 They enter a location where entry is prohibited
 They engage in an activity that is forbidden on the premises
 They refuse to leave when asked to do so by the occupier or an authorized
person (e.g. a security guard).

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If entry is prohibited or restricted, notice must be given to the individual, either verbally,
in writing, or with the aid of signs or markings.

Persons in violation of section 2 of the Act may be arrested without a warrant. A security
guard who arrests a person under the authority of the Trespass to Property Act must
contact the police as soon as possible and deliver the individual to a police officer.

Security guards may also want to familiarize themselves with the following legislation:
 Employment Standards Act, 2000
 Labour Relations Act, 1995
 Liquor Licence Act
 Provincial Offences Act
 Residential Tenancies Act, 2006

Criminal Code of Canada

Security guards may encounter situations in which they need to deal with indictable or
summary offences. They need to be able to accurately identify and categorize offences
when on duty and understand when they are able to conduct a citizen’s arrest according
to the Criminal Code of Canada.

Powers of Arrest

Security guards have neither police nor peace officer powers. They have the same
powers as any member of the public under the Criminal Code. Specifically, section 494
of the Criminal Code describes when it is appropriate for a member of the public to make
an arrest.

If a security guard is guarding property and is authorized by the owner of the property or
the person in lawful possession of the property, they may make an arrest for ANY
criminal offence that is committed on or in relation to the property, as long as the security
guard witnessed the offence being committed.

If the offence is an indictable offence, they may make the arrest, even if the offence is
not committed on or in relation to the property they are guarding, so long as the security
guard has witnessed the offence. Security guards should therefore understand the
distinction between an indictable offence and a summary offence. Typically, indictable

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offences are more serious; a lot of the offences that security guards normally encounter
are indictable, e.g. theft.

Once an arrest has been performed, the security guard must deliver the individual to a
peace officer as soon as possible.

References/Resources

Personal Information Protection and Electronic Documents Act:


http://laws.justice.gc.ca/en/P-8.6/

Criminal Code (Canada):


http://laws.justice.gc.ca/en/C-46/

Trespass to Property Act:


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90t21_e.htm

Employment Standards Act, 2000:


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_00e41_e.htm

Labour Relations Act, 1995:


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_95l01_e.htm

Liquor Licence Act:


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90l19_e.htm

Provincial Offences Act:


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm

Residential Tenancies Act, 2006:


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06r17_e.htm

Saskatchewan Justice – Corrections, Public Safety and Policing: Private Investigator


and Security Guard Training Manual (2008)
http://www.cpsp.gov.sk.ca/PISG-Manual-07.pdf
 Chapter 4 – The Security Guard and the Legal System

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The Constitution Act – The Charter of Rights and Freedoms

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule
of law:
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out
in it subject only to such reasonable limits prescribed by law as can be demonstrably
justified in a free and democratic society.
2. Everyone has the following fundamental freedoms:
(a) Freedom of conscience and religion
(b) Freedom of thought, belief, opinion and expression, including freedom of the press
and other media of communication;
(c) Freedom of peaceful assembly and
(d) Freedom of association.

3. Every citizen of Canada has the right to vote in an election of members of the House of
Commons or of a legislative assembly and to be qualified for membership therein.
6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada:
Rights to move and gain livelihood
(2) Every citizen of Canada and every person who has the status of a permanent resident
of Canada has the right:
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.

Limitation
(3) The rights specified in subsection (2) are subject to
(a) Any laws or practices of general application in force in a province other than those
that discriminate among persons primarily on the basis of province of present or
previous residence; and
(b) Any laws providing for reasonable residency requirements as a qualification for the
receipt of publicly provided social services.

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Affirmative action programs
(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object
the amelioration in a province of conditions of individuals in that province who are
socially or economically disadvantaged if the rate of employment in that province is
below the rate of employment in Canada.
7. Everyone has the right to life, liberty and security of the person and the right not to be
deprived thereof except in accordance with the principles of fundamental justice.
Search or seizure
8. Everyone has the right to be secure against unreasonable search or seizure.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
10. Everyone has the right on arrest or detention
(a) To be informed promptly of the reasons therefore;
(b) To retain and instruct counsel without delay and to be informed of that right; and
(c) To have the validity of the detention determined by way of habeas corpus and to
be released if the detention is not lawful.

Proceedings in criminal and penal matters


11. Any person charged with an offence has the right
(a) To be informed without unreasonable delay of the specific offence;
(b) To be tried within a reasonable time;
(c) Not to be compelled to be a witness in proceedings against that person in respect
of the offence
(d) To be presumed innocent until proven guilty according to law in a fair and public
hearing by an independent and impartial tribunal
(e) Not to be denied reasonable bail without just cause
(f) Except in the case of an offence under military law tried before a military
tribunal, to the benefit of trial by jury where the maximum punishment for the
offence is imprisonment for five years or a more severe punishment;
(g) Not to be found guilty on account of any act or omission unless, at the time of the
act or omission, it constituted an offence under Canadian or international law or
was criminal according to the general principles of law recognized by the
community of nations
(h) If finally acquitted of the offence, not to be tried for it again and, if finally found
guilty and punished for the offence, not to be tried or punished for it again; and

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(i) If found guilty of the offence and if the punishment for the offence has been
varied between the time of commission and the time of sentencing, to the benefit
of the lesser punishment.
12. Everyone has the right not to be subjected to any cruel and unusual treatment or
punishment.
13. A witness who testifies in any proceedings has the right not to have any incriminating
evidence so given used to incriminate that witness in any other proceedings, except in
a prosecution for perjury or for the giving of contradictory evidence.
24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been
infringed or denied may apply to a court of competent jurisdiction to obtain such
remedy as the court considers appropriate and just in the circumstances.
(2)Where, in proceedings under subsection (1), a court concludes that evidence was
obtained in a manner that infringed or denied any rights or freedoms guaranteed
by this Charter, the evidence shall be excluded if it is established that, having
regard to all the circumstances, the admission of it in the proceedings would bring
the administration of justice into disrepute.

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Case Law

Case law is a body of law that may be described as ―best practices‖ for decisions by the courts in
relation to various cases that have already been tried. Case law or precedent is somewhat
dynamic, in other words it is subject to review depending on the level of court and relevancy to
other accepted standards such as statutes set out by parliament and British Common Law.
Case law sets out a number of standards related to justifications for reasonable use of force,
grounds for arrest and so on related to the duties you undertake and works along with official
statutes as guidance for authorities to decide the facts in a case.
A basic understanding of some of the principles set out in case law relevant to Security Guards;
arrest, search and use of force will assist you making sound decisions on what is the correct
course of action in various circumstances.
The concept of reasonable actions includes another concept known as duty of care. Duty of care
is a legal term that says anyone performing an act that could hurt others, must adhere to a
reasonable standard of care.
In most circumstances we are contracted to provide a reasonably safe environment by the
Property Manager/Owner at large facilities where there is an implied invitation to the general
public to enter. Entry is allowed on private property for the purposes to engage in activity for
which it was intended. When there is a significant disruption either by criminal act or otherwise
we should take reasonable steps to return the premises to normal.

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Ontario Statute Law and PIPEDA

Handling Information & PIPEDA (Personal Information Protection


and Electronic Documents Act)

This sub-section deals with collection, storage, dissemination & destruction of information. We
discuss the procedures & regulations with respect to managing information & how to keep
information secure in a manner consistent with PIPEDA
This is a Federal Act protecting personal information that is collected, used or disclosed in
certain circumstances, by electronic means to communicate or record information or
transactions.
Personal information under this Act means information about an identifiable individual, but does
not include the name, title or business address or telephone number of an employee of an
organization.
A record for the purposes of PIPEDA includes any correspondence, memorandum, book, plan,
map, drawing, diagram, pictorial or graphic work, photograph, film, microform (size-reduced
film or paper copy), sound recording, videotape, machine-readable record and any other
documentary material, regardless of physical form or characteristics, and any copy of any of
those things.
This part of the Act establishes rules to govern the collection, use and disclosure of personal
information in a manner that recognizes two needs:
The right of privacy of individuals regarding their personal information
The need of organizations to appropriately collect, use or disclose personal information.

This Part applies to every organization that collects uses or discloses personal information of an
individual in the course of commercial activities, or collects, uses or discloses personal
information about an employee in connection with the operation of a federal work, undertaking
or business.

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DIVISION 1 - PROTECTION OF PERSONAL INFORMATION
Use without knowledge or consent
(2) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that
clause, an organization may, without the knowledge or consent of the individual, use
personal information only if
(a) In the course of its activities, the organization becomes aware of information that it
has reasonable grounds to believe could be useful in the investigation of a
contravention of the laws of Canada, a province or a foreign jurisdiction that has
been, is being or is about to be committed, and the information is used for the purpose
of investigating that contravention;
(b) It is used for the purpose of acting in respect of an emergency that threatens the life,
health or security of an individual;
(c) It is used for statistical, or scholarly study or research, purposes that cannot be
achieved without using the information, the information is used in a manner that will
ensure its confidentiality, it is impracticable to obtain consent and the organization
informs the Commissioner of the use before the information is used;

Disclosure without knowledge or consent


(3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that
clause, an organization may disclose personal information without the knowledge or
consent of the individual only if the disclosure is
(c) Required to comply with a subpoena or warrant issued or an order made by a court,
person or body with jurisdiction to compel the production of information, or to
comply with rules of court relating to the production of records
(ii) The disclosure is requested for the purpose of enforcing any law of Canada, a
province or a foreign jurisdiction, carrying out an investigation relating to the
enforcement of any such law or gathering intelligence for the purpose of
enforcing any such law, or
(iii)The disclosure is requested for the purpose of administering any law of Canada or
a Province

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Assistance
(2) An organization shall assist any individual who informs the organization that they need
assistance in preparing a request to the organization (for a copy of their private
information held by the organization).

Time limit
(3) An organization shall respond to a request with due diligence and in any case not later
than thirty days after receipt of the request
28. Every person who knowingly contravenes subsection 8(8) or 27.1(1) or who obstructs the
Commissioner or the Commissioner‘s delegate in the investigation of a complaint or in
conducting an audit is guilty of
(a) An offence punishable on summary conviction and liable to a fine not exceeding
$10,000; or
(b) An indictable offence and liable to a fine not exceeding $100,000.
(1.1) This Part does not apply to any organization in respect of personal health information that it
collects uses or discloses.

ELECTRONIC DOCUMENTS
31. (1) Definitions in this subsection apply in this Part.
Data means representations of information or concepts, in any form
Electronic document means data that is recorded or stored on any medium in or by a
computer system or other similar device and that can be read or perceived by a person
or a computer system or other similar device. It includes a display, print out or other
output of that data.

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SCHEDULE 1 (Section 5)
4.1.4
Organizations shall implement policies and practices to give effect to the principles, including
(a) Implementing procedures to protect personal information
(b) Establishing procedures to receive and respond to complaints and inquiries;
(c) Training staff and communicating to staff information about the organization‘s policies
and practices; and
(d) Developing information to explain the organization‘s policies and procedures.

4.2.5
Persons collecting personal information should be able to explain to individuals the purposes for
which the information is being collected.

4.3 Principle 3 — Consent


The knowledge and consent of the individual are required for the collection, use, or disclosure of
personal information, except where inappropriate.
Note: In certain circumstances personal information can be collected, used, or disclosed without
the knowledge and consent of the individual. For example,
Legal, medical, or security reasons may make it impossible or impractical to seek
consent.
When information is being collected for the detection and prevention of fraud or for law
enforcement, seeking the consent of the individual might defeat the purpose of collecting
the information.
Seeking consent may be impossible or inappropriate when the individual is a minor,
seriously ill, or mentally incapacitated.

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4.4 Principle 4 — Limiting Collection
The collection of personal information shall be limited to that which is necessary for the
purposes identified by the organization. Information shall be collected by fair and lawful means.

4.4.1
Organizations shall not collect personal information indiscriminately. Both the amount and the
type of information collected shall be limited to that which is necessary to fulfil the purposes
identified. Organizations shall specify the type of information collected as part of their
information-handling policies and practices, in accordance with the openness principle (Clause
4.8).

4.5.2
Organizations should develop guidelines and implement procedures with respect to the retention
of personal information. These guidelines should include minimum and maximum retention
periods. Personal information that has been used to make a decision about an individual shall be
retained long enough to allow the individual access to the information after the decision has been
made. An organization may be subject to legislative requirements with respect to retention
periods.

4.5.3
Personal information that is no longer required to fulfil the identified purposes should be
destroyed, erased, or made anonymous. Organizations shall develop guidelines and implement
procedures to govern the destruction of personal information.

4.6 Principle 6 — Accuracy


Personal information shall be as accurate, complete, and up-to-date as is necessary for the
purposes for which it is to be used.

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4.6.2
An organization shall not routinely update personal information, unless such a process is
necessary to fulfil the purposes for which the information was collected.

4.7 Principle 7 — Safeguards


Personal information shall be protected by security safeguards appropriate to the sensitivity of
the information.

4.7.1
The security safeguards shall protect personal information against loss or theft, as well as
unauthorized access, disclosure, copying, use, or modification. Organizations shall protect
personal information regardless of the format in which it is held.

4.7.2
The nature of the safeguards will vary depending on the sensitivity of the information that has
been collected, the amount, distribution, and format of the information, and the method of
storage. More sensitive information should be safeguarded by a higher level of protection. The
concept of sensitivity is discussed in Clause 4.3.4.

4.7.3
The methods of protection should include
(a) Physical measures, for example, locked filing cabinets and restricted access to offices
(b) Organizational measures, for example, security clearances and limiting access on a
―need-to-know‖ basis; and
(c) Technological measures, for example, the use of passwords and encryption.

4.7.4
Organizations shall make their employees aware of the importance of maintaining the
confidentiality of personal information.

4.7.5
Care shall be used in the disposal or destruction of personal information, to prevent unauthorized
parties from gaining access to the information (see Clause 4.5.3).

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4.9 Principle 9 — Individual Access
Upon request, an individual shall be informed of the existence, use, and disclosure of his or her
personal information and shall be given access to that information. An individual shall be able to
challenge the accuracy and completeness of the information and have it amended as appropriate.
Note: In certain situations, an organization may not be able to provide access to all the personal
information it holds about an individual. Exceptions to the access requirement should be limited
and specific. The reasons for denying access should be provided to the individual upon request.
Exceptions may include information that is prohibitively costly to provide, information that
contains references to other individuals, information that cannot be disclosed for legal, security,
or commercial proprietary reasons, and information that is subject to solicitor-client or litigation
privilege.

4.10.2
Organizations shall put procedures in place to receive and respond to complaints or inquiries
about their policies and practices relating to the handling of personal information. The complaint
procedures should be easily accessible and simple to use.

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Employment Standards Act, ―ESA RSO 2000‖

PART I - Definitions
Under the Employment Standards Act (ESA), security services is called ―Building services‖
which also include other types of services such as food preparation and serving, cleaning and any
other prescribed services for a building;
―Building services provider‖ or ―provider‖ means a person who provides building services for
premises and includes Security Guards, the owner or manager of premises if the owner or
manager provides building services for the person that owns or manages the building.
―Continuous operation‖ means an operation or that part of an operation that normally continues
24 hours a day without stopping in each seven-day period until it is concluded, such as security
services.
―Employee‖ includes, a person including managers and executives who perform work for wages
and a person who supplies services to an employer for wages. This includes a person who
receives training from a person who is considered an employer.
―Employer‖ includes, an owner, manager, superintendent, or overseer (supervisor, lead hand,
trainer), who has control, responsibility or direction for the employment of a person.
―Premium pay‖ means an employee‘s entitlement for working on a public holiday.
―Public holiday‖ means any of the following:
1. New Year‘s Day.
2. Good Friday.
3. Victoria Day.
4. Canada Day.
5. Labour Day.
6. Thanksgiving Day.
7. Christmas Day.
8. December 26.
9. Any day prescribed as a public holiday (In Ontario, this includes Family Day)

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Trade union means an organization that represents employees in collective bargaining under
any of the following:
1. The Labour Relations Act, 1995.
2. The Crown Employees Collective Bargaining Act, 1993.
3. Part X.1 of the Education Act.
4. Part IX of the Fire Protection and Prevention Act, 1997.
5. The Colleges Collective Bargaining Act, 2008.
6. Any prescribed Acts or provisions of Acts;

Agreements in writing
An agreement between an employer and an employee shall be deemed to be a reference to an
agreement in writing or to their agreeing in writing to do something. Nothing agreed upon is
required to be in writing except a collective agreement..
PART III - How This Act Applies
The employment standards set out in this Act apply to an employee and his or her employer if
the employee‘s work is to be performed in Ontario or the employee‘s work is to be performed
outside Ontario and is a continuation of the work performed in Ontario (this could be a Private
Investigator continuing an investigation outside the province, for example).
This Act does not apply to a secondary school student who performs work under a work
experience program authorized by the school board or an individual who performs work under a
program approved by a college of applied arts and technology or a university.
An employment standard under this Act cannot be contracted out or waived. If a right or benefit
is provided under an employment contract or in another Act that provides a greater benefit to an
employee than the employment standard, then that right or benefit applies.
A settlement made on an employee‘s behalf by a trade union representing the employee is
binding on the employee.

Agents
An agreement or authorization that may lawfully be made or given by an employee under this
Act may be made or given by his or her agent and is binding on the employee.

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PART IV – Continuity of Employment in the Event of Sale of Business, etc
If a business is sold and the buyer continues to employ an employee of the seller then the Act
considers the employment to be continuous for the purpose of calculating length of service or
employment. This calculation does not apply if the day on which the purchaser hires the
employee is more than 13 weeks after the employee has left the business.

No termination or severance
This section applies if the building services provider for a building is replaced by a new provider
and an employee continues work for the new provider. The employment is considered
continuous for the purposes of this Act and for the purpose of calculating length of service or
employment with the new provider.
This rule does not apply if the day on which the new provider hires the employee is more than 13
weeks after the employee has left the business.

PART V – Payment of wages


Statement of wages
On the day of an employee‘s pay day or before, the employer shall give to the employee a
written statement setting out the pay period for which the wages are being paid, the wage rate,
the gross amount of wages and, unless the information is provided to the employee in some other
manner, how that amount was calculated.
The statement must also include the amount and purpose of each deduction from wages and the
gross amount of any vacation pay being paid to the employee.
An employer shall not withhold wages payable to an employee, make a deduction from an
employee‘s wages or cause the employee to return his or her wages to the employer unless
authorized to do so under this section.
Authorization would include a written agreement for payment of such items as uniforms,
equipment, tools, etc.

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PART VII – Limits on Hours of Work & Eating Periods
No employer shall require or permit an employee to work more than eight hours in a day or, if
the employer establishes a regular work day of more than eight hours for the employee, the
number of hours in his or her regular work day and 48 hours in a work week.

Exception:
If the employer has received an approval from the Ministry they may establish an agreement
with the employee or a group of employees that allow the following:
An employee‘s hours of work may exceed 8 hours a day if the employee has made an agreement
with the employer that he or she will work up to a specified number of hours in a day in not to
exceed the number specified in the agreement. Exception: hours in a work week
An employee‘s hours of work may exceed 48 hours in a week if the employee has made an
agreement with the employer that he or she will work up to a specified number of hours in
excess of the limit.
For example regularly scheduled shifts that are 10 hours in duration for four consecutive days
may be averaged each week or over several weeks subject to certain restrictions set out by the
Ministry and/or a Union (Collective Bargaining Agreement).
An employer shall give an employee a period of at least 11 consecutive hours free from
performing work in each day. This rule does not apply to an employee who is on call and called
in during a period in which the employee would not otherwise be expected to perform work.

Free from work between shifts


An employer shall give an employee a period of at least eight hours free from the performance of
work between shifts unless the total time worked on successive shifts does not exceed 13 hours
or unless the employer and the employee agree otherwise.

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Weekly or biweekly free time requirements
An employer shall give an employee a period free from the performance of work equal to at least
24 consecutive hours in every work week or at least 48 consecutive hours in every period of two
consecutive work weeks.

Exceptional circumstances
An employer may require an employee to work more than the maximum number of hours
permitted under section or to work during a period that is required to be free from performing
work under section only as follows, but only so far as is necessary to avoid serious interference
with the ordinary working of the employer‘s establishment or operations:
1. To deal with an emergency.
2. If something unforeseen occurs, to ensure the continued delivery of essential public
services, regardless of who delivers those services.
3. If something unforeseen occurs, to ensure that continuous processes or seasonal
operations are not interrupted.
4. To carry out urgent repair work to the employer‘s plant or equipment

Eating periods
An employer shall give an employee an eating period of at least 30 minutes at intervals that will
result in the employee working no more than five consecutive hours without an eating period.
This rule does not apply if the employer and the employee agree, whether or not in writing, that
the employee is to be given two eating periods that together total at least 30 minutes in each
consecutive five-hour period.
An employer is not required to pay an employee for an eating period in which work is not being
performed unless his or her employment contract requires such payment.

PART VIII - Overtime Pay


Overtime threshold
An employer shall pay an employee overtime pay of at least one and one-half times his or her
regular rate for each hour of work in excess of 44 hours in each week or, if another limit is
allowed, the hours above that limit.

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Averaging
An employee‘s hours of work may be averaged over two or more consecutive weeks for the
purpose of determining the employee‘s entitlement, if any, to overtime pay if:
The employee has made an agreement with the employer that his or her hours of work may be
averaged over periods of a specified number of weeks, according to certain restrictions,
including the approval of the Ministry and any agreements made by the Union, if any.

PART IX - Minimum wage


An employer shall pay employees at least the prescribed minimum wage according to the
standards in effect at the time. This will be determined on a pay period basis by the amount of
regular wages paid to the employee in the pay period, divided by the number of hours he or she
worked in the pay period, other than hours for overtime pay or premium pay.
When the amount of overtime pay and premium pay is divided by the number of overtime hours
worked it must be at least equal to one and one half times the prescribed minimum wage.

PART X - Public holiday pay


An employee‘s public holiday pay for a given public holiday shall be equal to, the total amount
of regular wages earned and vacation pay payable to the employee in the four work weeks before
the work week in which the public holiday occurred, divided by 20 or if some other manner of
calculation is prescribed, the amount determined using that manner of calculation.
An employer who is required under this Part to pay premium pay to an employee shall pay the
employee at least one and one half times his or her regular rate.
Requirement to work on a public holiday: certain operations
If an employee is employed in a hospital, a continuous operation, or a hotel, motel, tourist
resort, restaurant or tavern, the employer may require the employee to work on a public holiday.

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PART XI - Right to vacation with pay
An employer shall give an employee a vacation of at least two weeks after each vacation
entitlement year that he or she completes. The year includes both active employment and
inactive employment.
If an employee does not take his or her vacation in complete weeks the employer shall base the
number of days of vacation that the employee is entitled to on, the number of days in the
employee‘s regular work week. If the employee does not have a regular work week, the average
number of days the employee worked per week during the most recently completed vacation
entitlement year.

PART XII - Equal pay for equal work


No employer shall pay an employee of one sex at a rate of pay less than the rate paid to an
employee of the other sex when they perform substantially the same kind of work in the same
establishment.
This applies when their performance requires substantially the same skill, effort and
responsibility and their work is performed under similar working conditions.
This rule does not apply when the difference in the rate of pay is made on the basis of a seniority
system, merit system, a system that measures earnings by quantity or quality of production or
any other factor other than sex.
No employer shall reduce the rate of pay of an employee in order to equalize two employees
being paid different rates based on sex.
No trade union or other organization shall cause or attempt to cause an employer to contravene
this rule.
PART XIV – Leaves of absence
Parent includes a person with whom a child is placed for adoption and a person who is in a
relationship of some permanence with a parent of a child and who intends to treat the child as his
or her own.
Spouse means, a spouse as defined in section 1 of the Family Law Act, or either of two
persons who live together in a conjugal relationship outside marriage..

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Pregnancy leave
A pregnant employee is entitled to a leave of absence without pay unless her due date falls fewer
than 13 weeks after she commenced employment. An employee may begin her pregnancy leave
no earlier than the day that is 17 weeks before her due date or the day on which she gives birth.
An employee‘s pregnancy leave ends, if she is entitled to parental leave, 17 weeks after the
pregnancy leave began. If she is not entitled to parental leave, on the day that is the later of, 17
weeks after the pregnancy leave began, and six weeks after the birth, still-birth or miscarriage.
An employee may end her leave earlier than the day set out above by giving her employer
written notice at least four weeks before the day she wishes to end her leave.

Parental leave
An employee who has been employed for at least 13 weeks and who is the parent of a child is
entitled to a leave of absence without pay following the birth of the child or the coming of the
child into the employee‘s custody, care and control for the first time..
An employee may begin parental leave no later than 52 weeks after the day the child is born or
comes into the employee‘s custody, care and control for the first time..
An employee who has taken pregnancy leave must begin her parental leave when her pregnancy
leave ends unless the child has not yet come into her custody, care and control for the first time.
An employee wishing to take parental leave shall give the employer written notice at least two
weeks before the day the leave is to begin.

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Emergency leave
An employee whose employer regularly employs 50 or more employees is entitled to a leave of
absence without pay because of any of the following:
1. A personal illness, injury or medical emergency.

2. The death, illness, injury or medical emergency of an individual described below.

3. An urgent matter that concerns an individual described below.


1. The employee‘s spouse
2. A parent, step-parent or foster parent of the employee or the employee‘s spouse.
3. A child, step-child or foster child of the employee or the employee‘s spouse.
4. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of
the employee‘s spouse
5. The spouse of a child of the employee
6. The employee‘s brother or sister
7. A relative of the employee who is dependent on the employee for care or assistance

An employee who wishes to take leave under this section shall advise his or her employer that he
or she will be doing so. An employee is entitled to take a total of 10 days‘ leave under this
section in each calendar year.
If an employee takes any part of a day as leave under this section, the employer may deem the
employee to have taken one day‘s leave on that day for the purposes. An employer may require
an employee who takes leave under this section to provide evidence reasonable in the
circumstances that the employee is entitled to the leave.

Member of the reserves


An employee is entitled to a leave of absence without pay if the employee is a reservist and will
not be performing the duties of his or her position because the employee is deployed to a
Canadian Forces operation outside Canada or the employee is deployed to a Canadian Forces
operation inside Canada that is or will be providing assistance in dealing with an emergency or
with its aftermath.
Participation, whether inside or outside Canada, in pre-deployment or post-deployment activities
that are required by the Canadian Forces in connection with an operation described is considered
deployment to the operation for the purposes.

An employee is not entitled to begin a leave under this section unless he or she has been
employed by the employer for at least the prescribed period or, if no period is prescribed, for at
least six consecutive months.

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PART XV – Termination and Severance of Employment
No employer shall terminate the employment of an employee who has been continuously
employed for three months or more unless the employer has given to the employee written notice
of termination or an employer may terminate the employment of an employee without notice or
with less notice than is required if the employer:
Pays to the employee termination pay in a lump sum equal to the amount the employee would
have been entitled to receive if had notice been given and continues to make whatever benefit
plan contributions would be required to be made in order to maintain the benefits to which the
employee would have been entitled had he or she continued to be employed during the period of
notice that he or she would otherwise have been entitled to receive.

Temporary lay-off
A temporary layoff is a lay-off of not more than 13 weeks in any period of 20 consecutive weeks
or is less than 35 weeks in any period of 52 consecutive weeks and the employee continues to
receive substantial payments from the employer, the employer continues to make payments for
the benefit of the employee under a legitimate retirement or pension plan or a legitimate group or
employee insurance plan, or the employee receives supplementary unemployment benefits.

Temporary lay-off not termination


An employer who has laid-off an employee without specifying a recall date shall not be
considered to terminate the employment, unless the period of the lay-off exceeds the time
allowed

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Notice of termination
One week before the termination, if the employee‘s period of employment is less than
one year
At least two weeks before the termination, if the employee‘s period of employment is one
year or more and fewer than three years
At least three weeks before the termination, if the employee‘s period of employment is
three years or more and fewer than four years
At least four weeks before the termination, if the employee‘s period of employment is
four years or more and fewer than five years
At least five weeks before the termination, if the employee‘s period of employment is
five years or more and fewer than six years
At least six weeks before the termination, if the employee‘s period of employment is six
years or more and fewer than seven years
At least seven weeks before the termination, if the employee‘s period of employment is
seven years or more and fewer than eight years
At least eight weeks before the termination, if the employee‘s period of employment is
eight years or more

Entitlement to severance pay


An employer who severs an employment relationship with an employee shall pay severance pay
to the employee if the employee was employed by the employer for five years or more and, the
severance occurred because of a permanent discontinuance of all or part of the employer‘s
business at an establishment and the employee is one of 50 or more employees who have their
employment relationship severed within a six-month period as a result.

PART XVI - Lie Detectors


An employee has a right not to take a lie detector test, be asked to take a lie detector test, or be
required to take a lie detector test.
No person shall, directly or indirectly, require, request, enable or influence an employee to take a
lie detector test
No person shall disclose to an employer that an employee has taken a lie detector test or disclose
to an employer the results of a lie detector test taken by an employee

This Part shall not be interpreted to prevent a person from being asked by a police officer to take,
consenting to take and taking a lie detector test administered on behalf of a police force in
Ontario or by a member of a police force in Ontario in the course of the investigation of an
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offence

PART XVIII.1 – Temporary Help Agencies


Temporary help agency means an employer that employs persons for the purpose of assigning
them to perform work on a temporary basis for clients of the employer.
Where an assignment employee has been assigned by a temporary help agency to perform work
on a temporary basis for a client and the employee has begun to perform the work, the agency
may charge a fee to the client in the event that the client enters into an employment relationship
with the employee, but only during the six-month period beginning on the day on which the
employee first began to perform work for the client of the agency

PART XIX – Building Services Providers


This Part applies if a building services provider for a building is replaced by a new provider
Termination and severance pay
The new provider shall comply with Part XV (Termination and Severance of Employment) with
respect to every employee of the replaced provider who is engaged in providing services at the
premises and whom the new provider does not employ as if the new provider had terminated and
severed the employee‘s employment
A provider who ceases to provide services at a premises and who ceases to employ an employee
shall pay to the employee the amount of any accrued vacation pay

PART XXI - Who enforces this Act and what they can do
Investigation and inspection powers
An employment standards officer may, without a warrant, enter and inspect any place in order to
investigate a possible contravention of this Act or to perform an inspection to ensure that this Act
is being complied with
The power to enter and inspect a place without a warrant may be exercised only during the
place‘s regular business hours or, if it does not have regular business hours, during daylight
hours

The power to enter and inspect a place without a warrant shall not be exercised to enter and
inspect a part of the place that is used as a dwelling unless the occupier of the dwelling consents
or a warrant has been issued
An employment standards officer is not entitled to use force to enter and inspect a place.
An employment standards officer shall produce, on request, evidence of his or her appointment
An employment standards officer conducting an investigation or inspection may question any
person on matters the officer thinks may be relevant to the investigation or inspection

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Obstruction
No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with
an employment standards officer conducting an investigation or inspection
No person shall refuse to answer questions on matters that an employment standards officer
thinks may be relevant to an investigation or inspection or provide an employment standards
officer with information on matters the officer thinks may be relevant to an investigation or
inspection that the person knows to be false or misleading
No person shall prevent or attempt to prevent an employment standards officer from making
inquiries of any person

PART XXII- Complaints and enforcement


A person alleging that this Act has been or is being contravened may file a complaint with the
Ministry in a written or electronic form. A complaint that is not filed in a form approved by the
Director shall be deemed not to have been filed.
A complaint regarding a contravention that occurred more than two years before the day on
which the complaint was filed shall be deemed not to have been filed.
An employee who files a complaint under this Act with respect to an alleged failure to pay wages
or comply with Part XIII (Benefit Plans) may not commence a civil proceeding with respect to
the same matter.
An employee who files a complaint under this Act alleging an entitlement to termination pay or
severance pay may not commence a civil proceeding for wrongful dismissal if the complaint and
the proceeding would relate to the same termination or severance of employment
An employee who commences a civil proceeding with respect to an alleged failure to pay wages
or to comply with Part XIII (Benefit Plans) may not file a complaint with respect to the same
matter or have such a complaint investigated
An employee who commences a civil proceeding for wrongful dismissal may not file a
complaint alleging an entitlement to termination pay or severance pay or have such a complaint
investigated if the proceeding and the complaint relate to the same termination or severance of
employment

Enforcement under Collective Agreement


If an employer is or has been bound by a collective agreement, this Act is enforceable against the
employer as if it were part of the collective agreement with respect to an alleged contravention of
this Act that occurs

Complaint not permitted


An employee who is represented by a trade union that is or was a party to a collective agreement
may not file a complaint alleging a contravention of this Act that is enforceable under the
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collective agreement

Employee bound by decision of union


An employee who is represented by a trade union that is or was a party to a collective agreement
is bound by any decision of the trade union with respect to the enforcement of this Act under the
collective agreement, including a decision not to seek that enforcement
Despite the foregoing, the Director may permit an employee to file a complaint and may direct
an employment standards officer to investigate it if the Director considers it appropriate in the
circumstances.

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Ontario Labour Relations Act (OLRA), RSO 1999

The following are the purposes of the Act:


1. To facilitate collective bargaining between employers and trade unions that are the freely
designated representatives of the employees.
2. To recognize the importance of workplace parties adapting to change.
3. To promote flexibility, productivity and employee involvement in the workplace.
4. To encourage communication between employers and employees in the workplace.
5. To recognize the importance of economic growth as the foundation for mutually
beneficial relations amongst employers, employees and trade unions.
6. To encourage co-operative participation of employers and trade unions in resolving
workplace issues.

Definitions
Accredited employers‘ organization means an organization of employers that is accredited under
this Act as the bargaining agent for a unit of employers
Bargaining unit means a unit of employees appropriate for collective bargaining, whether it is an
employer unit or a plant unit or a subdivision of either of them
Board means the Ontario Labour Relations Board
Certified council of trade unions means a council of trade unions that is certified under this Act
as the bargaining agent for a bargaining unit of employees of an employer
Collective agreement means an agreement in writing between an employer or an employers‘
organization, on the one hand, and a trade union that, or a council of trade unions that, represents
employees of the employer or employees of members of the employers‘ organization, on the
other hand, containing provisions respecting terms or conditions of employment or the rights,
privileges or duties of the employer, the employers‘ organization, the trade union or the
employees, and includes a provincial agreement and does not include a project agreement under
section 163.1
Council of trade unions includes an allied council, a trades council, a joint board and any other
association of trade unions
Employee includes a dependent contractor

Employers‘ organization means an organization of employers formed for purposes that include
the regulation of relations between employers and employees and includes an accredited
employers‘ organization and a designated or accredited employer bargaining agency

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Lock-out includes the closing of a place of employment, a suspension of work or a refusal by an
employer to continue to employ a number of employees, with a view to compel or induce the
employees, or to aid another employer to compel or induce that employer‘s employees, to refrain
from exercising any rights or privileges under this Act or to agree to provisions or changes in
provisions respecting terms or conditions of employment or the rights, privileges or duties of the
employer, an employers‘ organization, the trade union, or the employees
Member, when used with reference to a trade union, includes a person who has applied for
membership in the trade union
Strike includes a cessation of work, a refusal to work or to continue to work by employees in
combination or in concert or in accordance with a common understanding, or a slow-down or
other concerted activity on the part of employees designed to restrict or limit output
Trade union means an organization of employees formed for purposes that include the regulation
of relations between employees and employers and includes a provincial, national, or
international trade union, a certified council of trade unions and a designated or certified
employee bargaining agency
For the purposes of this Act, no person shall be deemed to have ceased to be an employee by
reason only of the person‘s ceasing to work for the person‘s employer as the result of a lock-out
or strike or by reason only of being dismissed by the person‘s employer contrary to this Act or to
a collective agreement.
Subject to section 97, for the purposes of this Act, no person shall be deemed to be an employee,
(b) who, in the opinion of the Board, exercises managerial functions or is employed in a
confidential capacity in matters relating to labour relations.
Injunction – a legal process or order of the courts requiring the person or entity named to do
something or refrain from doing something. This may include, for example an injunction limiting
the number of picketers allowed during a strike or the employer from hiring replacements.
Arbitration – a judicial process regarding a dispute that is generally heard before a tribunal with
a panel of up to three persons deciding the resolutions
Mediation – a process to facilitate agreement or reconciliation between two parties
This process is also usually overseen by a panel or an appointed independent mediator
Grievance – a written complaint regarding a wrong, unjust or unfair act

Collective agreement – a contract between the employees and their representatives (Union of
employees) and the employer setting out the rules and practices in the workplace

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Security Guards

This section applies with respect to guards who monitor other employees or who protect the

property of an employer.
Trade unions with members other than Guards may have members who are both Guards and
other employees under the same bargaining unit unless the employer notifies the Board it
objects. This could be on the grounds of conflict of interest, for example.
If the employer objects, the trade union must satisfy the Board that no conflict of interest would
result from the trade union becoming the bargaining agent or from including persons other than
guards in the bargaining unit.
The Board shall consider the following factors in determining whether a conflict of interest
would result:
1. The extent of the guards‘ duties monitoring other employees of their employer or
protecting their employer‘s property.
2. Any other duties or responsibilities of the guards that might give rise to a conflict of
interest.
3. Such other factors as the Board considers relevant.
If the Board is satisfied that no conflict of interest would result, the Board may certify the trade
union to represent the bargaining unit.

Conciliation Boards
A conciliation board has power to summon and enforce the attendance of witnesses and compel
them to give oral or written evidence on oath, and to produce such documents and things as the
board considers requisite to the full investigation and consideration of the matters referred to it in
the same manner as a court of record in civil cases

Mediation and mediators


Where a mediator is appointed, he or she shall confer with the parties and endeavour to effect a
collective agreement.
A mediator has all the powers of a conciliation board.

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Voluntary arbitration
Despite any other provision of this Act, the parties may at any time following the giving of
notice of desire to bargain, irrevocably agree in writing to refer all matters remaining in dispute
between them to an arbitrator or a board of arbitration for final and binding determination.
The agreement to arbitrate shall supersede all other dispute settlement provisions of this Act,
including those provisions relating to conciliation, mediation, strike and lock-out
Where a party, employer, trade union or employee has failed to comply with any of the terms of
the decision of an arbitrator or arbitration board, any party, employer, trade union or employee
affected by the decision may file in the Superior Court of Justice a copy of the decision,
exclusive of the reasons therefore, in the prescribed form, whereupon the decision shall be
entered in the same way as a judgment or order of that court and is enforceable as such.

Provisions allowed
The employer and the union may include provisions in the collective agreement requiring, as a
condition of employment, membership in the trade union and requiring the payment of dues or
contributions to the trade union.
Permitting an employee who represents the trade union such a s union steward to attend to the
business of the trade union during working hours without deduction of wages or time.
The employer and the union may include provisions for permitting the trade union the use of the
employer‘s premises for the purposes of the trade union.

Religious beliefs that preclude union membership


Where the Board is satisfied that an employee because of his or her religious conviction or
belief, objects to joining a trade union or objects to the paying of dues or other assessments to a
trade union, the Board may order that the provisions of a collective agreement do not apply to
the employee and that the employee is not required to join the trade union, to be or continue to
be a
member of the trade union, or to pay any dues, fees or assessments to the trade union, provided
that amounts equal to any initiation fees, dues or other assessments are paid by the employee to
or are remitted by the employer to a charitable organization mutually agreed upon by the
employee and the trade union, but if the employee and the trade union fail to so agree then to a
charitable organization registered as a charitable organization in Canada under Part I of the
Income Tax Act (Canada) that may be designated by the Board.

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Discrimination prohibited
A collective agreement must not discriminate against any person if the discrimination is contrary
to the Human Rights Code or the Canadian Charter of Rights and Freedoms.

How collective agreements apply


A collective agreement between an employers‘ organization and a trade union or council of trade
unions is, subject to and for the purposes of this Act, binding upon the employers‘ organization
and each person who was a member of the employers‘ organization at the time the agreement
was entered into and on whose behalf the employers‘ organization bargained with the trade
union or council of trade unions as if it was made between each of such persons.
The collective agreement is also binding upon the trade union or council of trade unions and
upon the employees in the bargaining unit defined in the agreement, and, if any such person
ceases to be a member of the employers‘ organization during the term of operation of the
agreement, the person shall, for the remainder of the term of operation of the agreement, be
deemed to be a party to a like agreement with the trade union or council of trade unions.

Threatening strike or lock-out


No employee shall threaten an unlawful strike and no employer shall threaten an unlawful lock-
out of an employee.

Removal, etc., of posted notices


No person shall wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be
destroyed, mutilated, obliterated, altered, defaced or removed any notice that the Board has
required to be posted during the period that the notice is required to be posted.

Inquiry, alleged contravention


96. (1) The Board may authorize a labour relations officer to inquire into any complaint alleging
a contravention of this Act.

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Offences
Every person, trade union, council of trade unions or employers‘ organization that contravenes
any provision of this Act or of any decision, determination, interim order, order, direction,
declaration or ruling made under this Act is guilty of an offence and on conviction is liable, if an
individual, to a fine of not more than $2,000 or if a corporation, trade union, council of trade
unions or employers‘ organization, to a fine of not more than $25,000.
Each day that a person, trade union, council of trade unions or employers‘ organization
contravenes any provision of this Act or of any decision, determination, interim order, order,
direction, declaration or ruling made under this Act constitutes a separate offence.
If a corporation, trade union, council of trade unions or employers‘ organization is guilty of an
offence under this Act, every officer, official or agent thereof who assented to the commission of
the offence shall be deemed to be a party to and guilty of the offence.

Liquor Licence Act, R.S.O. 1990

Definitions
In this Act, alcohol means a product of fermentation or distillation of grains, fruits or other
agricultural products, and includes synthetic ethyl alcohol
Beer means any beverage containing alcohol in excess of the prescribed amount obtained by
the fermentation of an infusion or decoction of barley, malt and hops or of any similar products
in drinkable water;
No person shall keep for sale, offer for sale or sell liquor except under the authority of a licence
or permit to sell liquor or under the authority of a manufacturer‘s licence.
No person shall canvass for, receive or solicit orders for the sale of liquor unless the person is the
holder of a licence or permit to sell liquor or unless the person is the holder of a licence to
represent a manufacturer.
No person shall deliver liquor for a fee except under the authority of a licence to deliver liquor.
The Registrar may issue a proposal to revoke or suspend a licence to sell liquor or refuse to
renew such a licence for any ground under subsection 6 (2), (4) or (4.1) that would disentitle the
licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act,
the regulations or a condition of the licence.

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Conditions of permit
A police officer or a person designated under subsection 43 (1) may, by giving a notice of
revocation in accordance with subsection (15), revoke a special occasion permit issued for an
event while the event is under way if he or she reasonably believes that this Act or a prescribed
provision of the regulations is being contravened in connection with the event.
The notice of revocation may be given orally or in writing to the permit holder or to a person
designated under the regulations by the permit holder to attend the event in the permit holder‘s
place.
A notice of revocation under subsection (14) takes effect immediately.
No person shall purchase liquor except from a government store or from a person authorized by
licence or permit to sell liquor.
No manufacturer or employee, agent or licensed representative of a manufacturer shall give any
liquor to any person, except as permitted by the regulations.
No person shall sell or supply liquor or permit liquor to be sold or supplied to any person who is
or appears to be intoxicated.
No person shall knowingly sell or supply liquor to a person that is under nineteen years of age.
No person shall sell or supply liquor to a person who appears to be under the age of nineteen
years.
No licensee or employee or agent of a licensee shall knowingly permit a person under the age of
nineteen years to have or consume liquor in the licensee‘s licensed premises.
No licensee or employee or agent of a licensee shall permit a person who appears to be under
nineteen years of age to have or consume liquor in the licensee‘s licensed premises.
The above subsections do not prohibit a licensee or employee or agent of a licensee from
permitting a person eighteen years of age to be in possession of liquor during the course of the
person‘s employment on the licensee‘s licensed premises.

Possession or consumption
No person under nineteen years of age shall have, consume or attempt to purchase, purchase or
otherwise obtain liquor.
This subsection does not prohibit a person eighteen years of age from being in possession of
liquor during the course of the person‘s employment on premises in which the sale or service of
liquor is authorized.

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Entering premises
No person under nineteen years of age shall enter or remain on premises in which the sale of
liquor is authorized if the person knows that a condition of the licence or permit for the premises
prohibits the entry of persons under the age of nineteen years.
This does not apply to a person eighteen years of age who is employed on premises in which the
sale or service of liquor is authorized while the person is on the premises during the course of his
or her employment.

Improper documentation
No person shall present as evidence of his or her age any documentation other than
documentation that was lawfully issued to him or her.

Supply by parent
This section does not apply to the supplying of liquor to a person under nineteen years of age in a
residence as defined or in a private place as defined in the regulations by a parent of the person
or a person having lawful custody of the person or to the consumption of liquor by a person who
is supplied liquor in this setting, if the liquor is consumed at the place where it is supplied.
In this section, residence means a place that is actually occupied and used as a dwelling, whether
or not in common with other persons, including all premises used in conjunction with the
place to which the general public is not invited or permitted access, and, if the place occupied
and used as a dwelling is a tent, includes the land immediately adjacent to and used in
conjunction with the tent.
Unlawful possession or consumption
No person shall have or consume liquor in any place other than a residence, a premises in respect
of which a licence or permit is issued or a private place as defined in the regulations.
This subsection does not apply to the possession of liquor that is in a closed container.
No person shall be in an intoxicated condition in a place to which the general public is invited or
permitted access or in any part of a residence that is used in common by persons occupying more
than one dwelling in the residence.

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Arrest without warrant
A police officer may arrest without warrant any person whom he or she finds contravening the
above subsections if, in the opinion of the police officer, to do so is necessary for the safety of
any person.
In this section, a reference to a police officer includes a conservation officer.

Removing person from premises


The holder of a licence or permit issued in respect of premises shall ensure that a person does not
remain on the premises if the holder has reasonable grounds to believe that the person is
unlawfully on the premises, is on the premises for an unlawful purpose or is contravening the
law on the premises.
The holder of a licence or permit may request a person referred to in the section, above to leave
the premises immediately and if the request is not forthwith complied with may remove the
person or cause the person to be removed by the use of no more force than is necessary.

Order to vacate premises


If there are reasonable grounds to believe that a disturbance or breach of the peace sufficient to
constitute a threat to the public safety is being caused on premises for which a licence or permit
is issued, a police officer may require that all persons vacate the premises.

Not to remain after being required to leave, No re-entry


No person shall remain on licensed premises after being required to vacate the premises by a
police officer under this section.
No person shall re-enter the licensed premises on the same day he or she is required to vacate
unless authorized to re-enter by a police officer.

Duty to ensure premises vacated


The holder of the licence or permit for premises that are required to be vacated under this
subsection shall take all reasonable steps to ensure that the premises are vacated.

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Right to refuse entry
A licensee or employee of a licensee who has reason to believe that the presence of a person on
the licensee‘s licensed premises is undesirable may request the person to leave or forbid the
person to enter the licensed premises.
No person shall remain on licensed premises after he or she is requested to leave by the licensee
or an employee of the licensee or re-enter the licensed premises on the same day he or she is
requested to leave.

Removing persons from premises where contravention suspected


If there are reasonable grounds to believe that this Act or a prescribed provision of the
regulations is being contravened on any premises, a police officer may require that all persons
vacate the premises.
Not to remain after being required to leave
No person shall remain on the premises after being required to vacate the premises by a police
officer under this section or re-enter the premises on the same day he or she is required to vacate
unless authorized to re-enter by a police officer.
This section does not apply in respect of persons actually residing in the premises.

By-law designating recreational area


The council of a municipality may by by-law designate a recreational area within the
municipality that is owned or controlled by the municipality as a place where the possession of
liquor is prohibited.
A police officer who finds a person apparently in contravention of subsection 31 (4) may take
the person into custody and, in lieu of laying an information in respect of the contravention, may
escort the person to a hospital designated by the regulations.

Civil liability
The following rules apply if a person or an agent or employee of a person sells liquor to or for a
person whose condition is such that the consumption of liquor would apparently intoxicate the
person or increase the person‘s intoxication so that he or she would be in danger of causing
injury to himself or herself or injury or damage to another person or the property of another
person:
1. If the person to or for whom the liquor is sold commits suicide or meets death by accident
while so intoxicated, an action under Part V of the Family Law Act lies against the
person who or whose employee or agent sold the liquor.
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2. If the person to or for whom the liquor is sold causes injury or damage to another person
or the property of another person while so intoxicated, the other person is entitled to
recover an amount as compensation for the injury or damage from the person who or
whose employee or agent sold the liquor.

Obstruction
No person shall obstruct a person carrying out an inspection under this Act or withhold, destroy,
conceal or refuse to provide any relevant information or thing required for the purpose of the
inspection.

Seizure
A police officer may seize any thing, including liquor, if:
(a) He or she reasonably believes that the thing will afford evidence of an offence under this
Act;
(b) He or she reasonably believes that the thing was used or is being used in connection with
the commission of an offence under this Act, and unless the thing is seized it is likely that
it would continue to be used or would be used again in the commission of an offence
under this Act; or
(c) He or she reasonably believes that the thing is proceeds from the commission of an
offence under this Act.

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Arrest without warrant
If a police officer finds a person apparently in contravention of this Act or apparently in
contravention of a prescribed provision of the regulations, and the person refuses to give his or
her name and address or there are reasonable grounds to believe that the name or address given is
false, the police officer may arrest the person without warrant.

Confidentiality
Every person engaged in the administration of this Act shall preserve confidentiality in respect of
all matters that come to his or her knowledge in the course of his or her duties and shall not
communicate any such matter to any other person except;
(a) As may be required in connection with the administration of this Act and the regulations
or any proceeding under this Act;
(b) To his or her counsel; or
(c) With the consent of the person to whom the matter relates.

61. (1) A person is guilty of an offence if the person;


(a) Knowingly furnishes false information in any application under this Act or in any
statement or return required to be furnished under this Act;
(b) Knowingly fails to comply with an order under subsection 38 (2); or
(c) Contravenes any provision of this Act or the regulations.

Derivative
(2) A director or officer of a corporation who caused, authorized, permitted or
participated in an offence under this Act by the corporation is guilty of an offence.

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Penalties
Upon conviction for an offence under this Act, other than a contravention of subsection 30 (1),
(2), (3), (4) or (4.1);
(a) A corporation is liable to a fine of not more than $250,000; and
(b) An individual is liable to a fine of not more than $100,000 or to imprisonment for a term
of not more than one year or both.
Same, sale, etc., to a minor
Upon conviction for contravening subsection 30 (1), (2), (3), (4) or (4.1),
(a) A corporation is liable to a fine of not more than $500,000; and
(b) An individual is liable to a fine of not more than $200,000 or to imprisonment for a term
of not more than one year or both.

Exception
An individual who is convicted of an offence under subsection 31 (2) or (4) is not liable to
imprisonment.

City of Toronto By-laws


Toronto by-law extending hours of sale
The City of Toronto may pass by-laws extending the hours of sale of liquor in all or part of the
City by the holders of a licence and a by-law may authorize a specified officer or employee of
the City to extend the hours of sale during events of municipal, provincial, national or
international significance.

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Provincial Offences Act

This Act applies most specifically to those Security Guards certified by municipalities as
―Certified Contract Officers‖ or ―CCO‖ for the purposes of issuing Parking Infraction Notices
for parking offences on private property.

Purpose of Act
The purpose of this Act is to replace the summary conviction procedure for the prosecution of
provincial offences, including the provisions adopted by reference to the Criminal Code
(Canada), with a procedure that reflects the distinction between provincial offences and criminal
offences.

Issuance and service


A provincial offences officer who believes that one or more persons have committed an offence
may issue, by completing and signing in the form prescribed under section 13, (a) a certificate of
offence certifying that an offence has been committed; and (b) either an offence notice indicating
the set fine for the offence or a summons.

Certificate of service
Where service is made by the provincial offences officer who issued the certificate of offence,
the officer shall certify on the certificate of offence that he or she personally served the offence
notice or summons on the person charged and the date of service.

Filing of certificate of offence


A certificate of offence shall be filed in the office of the court as soon as is practicable, but no
later than seven days after service of the offence notice or summons.

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PART II
COMMENCEMENT OF PROCEEDINGS FOR PARKING INFRACTIONS

―14. In this Part, “parking infraction” means any unlawful parking, standing or stopping of
a vehicle that constitutes an offence.

Proceeding, parking infraction


14.1 In addition to the procedure set out in Part III for commencing a proceeding by
―laying an information‖ a proceeding in respect of a parking infraction may be
commenced in accordance with this Part.

Certificate and notice of parking infraction


15. (1) A provincial offences officer who believes from his or her personal knowledge that
one or more persons have committed a parking infraction may issue,
(a) A certificate of parking infraction certifying that a parking infraction has been
committed; and
(b) A parking infraction notice indicating the set fine for the infraction.

Municipal by-laws
(3) If the alleged infraction is under a by-law of a municipality, it is not necessary to
include a reference to the number of the by-law on the certificate or notice.

Service on owner
(4) The issuing provincial offences officer may serve the parking infraction notice on the
owner of the vehicle identified in the notice,
(a) By affixing it to the vehicle in a conspicuous place at the time of the alleged
infraction; or
(b) By delivering it personally to the person having care and control of the vehicle at
the time of the alleged infraction.

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Service on operator
(5) The issuing provincial offences officer may serve the parking infraction notice on the
operator of a vehicle by delivering it to the operator personally at the time of the
alleged infraction.

Certificate of service
(6) The issuing provincial offences officer shall certify on the certificate of parking
infraction that he or she served the parking infraction notice on the person charged
and the date and method of service.

Penalty for failure to attend


42. (1) Every person who, being required by law to attend or remain in attendance at a
hearing, fails without lawful excuse to attend or remain in attendance accordingly is
guilty of an offence and on conviction is liable to a fine of not more than $2,000, or to
imprisonment for a term of not more than thirty days, or to both.

General penalty
61. Except where otherwise expressly provided by law, every person who is convicted of an
offence is liable to a fine of not more than $5,000.

Notice of order
(5) Where the court makes a probation order, it shall cause a copy of the order and a copy
of section 75 to be given to the defendant.
Regulations for community service orders
(6) The Lieutenant Governor in Council may make regulations governing restitution,
compensation and community service orders, including their terms and conditions

(7) The court shall not make a probation order when an individual has been convicted of
an absolute liability offence, unless the order is made in addition to a sentence of
imprisonment imposed under section 69 in default of payment of a fine.

Absolute liability offence is an offence where the defendant cannot use the fact they did not
intend to commit an offence as an excuse to obtain a finding that they were not guilty.

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PART V GENERAL PROVISIONS

77. (1) every person is a party to an offence who,


(a) Actually commits it;
(b) Does or omits to do anything for the purpose of aiding any person to commit it; or
(c) Abets any person in committing it.

Common purpose
(2) Where two or more persons form an intention in common to carry out an unlawful
purpose and to assist each other therein and any one of them, in carrying out the
common purpose, commits an offence, each of them who knew or ought to have
known that the commission of the offence would be a probable consequence of
carrying out the common purpose is a party to the offence.

Counselling
78. (1) Where a person counsels or procures another person to be a party to an offence and
that other person is afterwards a party to the offence, the person who counselled or
procured is a party to the offence, even if the offence was committed in a way
different from that which was counselled or procured.

(2) Every person who counsels or procures another person to be a party to an offence is a
party to every offence that the other commits in consequence of the counselling or
procuring that the person who counselled or procured knew or ought to have known
was likely to be committed in consequence of the counselling or procuring.
Computation of age
79. In the absence of other evidence, or by way of corroboration of other evidence, a justice
may infer the age of a person from his or her appearance.

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Common law defences
80. Every rule and principle of the common law that renders any circumstance a justification
or excuse for an act or a defence to a charge continues in force and applies in respect of
offences, except in so far as they are altered by or inconsistent with this or any other Act.
Ignorance of the law
81. Ignorance of the law by a person who commits an offence is not an excuse for
committing the offence.

Penalty for false statements


86. Every person who makes an assertion of fact in a statement or entry in a document or
form for use under this Act knowing that the assertion is false is guilty of an offence and
on conviction is liable to a fine of not more than $2,000.

Contempt
91. (1) Except as otherwise provided by an Act, every person who commits contempt in the
face of a justice of the peace presiding over the Ontario Court of Justice in a
proceeding under this Act is on conviction liable to a fine of not more than $1,000 or
to imprisonment for a term of not more than thirty days, or to both.

PART VI YOUNG PERSONS


93. In this Part, ―parent‖, when used with reference to a young person, includes an adult with
whom the young person ordinarily resides;
―Young person‖ means a person who is or, in the absence of evidence to the contrary,
appears to be,
(a) twelve years of age or more, but
(b) under sixteen years of age, and includes a person sixteen years of age or more
charged with having committed an offence while he or she was twelve years of age or
more but under sixteen years of age.

Minimum age
94. No person shall be convicted of an offence committed while he or she was under age
twelve years.

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Identity of young person not to be published
99. (1) No person shall publish by any means a report,
(a) Of an offence committed or alleged to have been committed by a young person;
or
(b) Of a hearing, adjudication, sentence or appeal concerning a young person who
committed or is alleged to have committed an offence, in which the name of or
any information serving to identify the young person is disclosed.
For the purposes of this section, the word publish means make public

Offence
(2) Every person who contravenes subsection (1) and every director, officer or employee
of a corporation who authorizes, permits or acquiesces in a contravention of
subsection (1) by the corporation is guilty of an offence and is liable on conviction to
a fine of not more than $10,000.
(3) Subsection (1) does not prohibit the following:
1. The disclosure of information by the young person concerned.
2. The disclosure of information by the young person‘s parent or lawyer, for the
purpose of protecting the young person‘s interests.
3. The disclosure of information by a police officer, for the purpose of investigating
an offence which the young person is suspected of having committed.
4. The disclosure of information to an insurer, to enable the insurer to investigate a
claim arising out of an offence committed or alleged to have been committed by
the young person.
5. The disclosure of information in the course of the administration of justice, but
not for the purpose of making the information known in the community.
6. The disclosure of information by a person or member of a class of persons
prescribed by the regulations, for a purpose prescribed by the regulations.

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Arrest without warrant limited
106. No person shall exercise an authority under this or any other Act to arrest a young person
without warrant unless the person has reasonable and probable grounds to believe that it
is necessary in the public interest to do so in order to,
(a) Establish the young person‘s identity; or
(b) Prevent the continuation or repetition of an offence that constitutes a serious danger
to the young person or to the person or property of another.
Substantial wrong
(4) On an application for relief in the nature of certiorari, the Superior Court of Justice
shall not grant relief unless the court finds that a substantial wrong or miscarriage of
justice has occurred, and the court may amend or validate any decision already made,
with effect from such time and on such terms as the court considers proper.

Certiorari is a legal term meaning the higher court sends the lower court an order to
send the record of the trial concerned for review by the higher court. This section
means that unless there is a serious wrong created by the lower court’s decision, the
lower court’s decision will not be reviewed.

Habeas corpus
142. (1) On application, the Superior Court of Justice may by order grant any relief in respect
of a matter arising under this Act that the applicant would be entitled to in an
application for an order in the nature of habeas corpus.

Habeas Corpus is a legal action that compels an authority holding someone prisoner to bring
them before the courts in order to prove the legality of holding the person prisoner.
Habeas corpus has been enshrined in our Charter Rights under Section 10.

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PART VIII ARREST, BAIL AND SEARCH WARRANTS
Arrest without warrant
145. Any person may arrest without warrant a person who he or she has reasonable and
probable grounds to believe has committed an offence and is escaping from and freshly
pursued by a police officer who has lawful authority to arrest that person, and, where the
person who makes the arrest is not a police officer, shall forthwith deliver the person
arrested to a police officer.
Use of force
146. (1) Every police officer is, if he or she acts on reasonable and probable grounds, justified
in using as much force as is necessary to do what the officer is required or authorized
by law to do.
(2) Every person upon whom a police officer calls for assistance is justified in using as
much force as he or she believes on reasonable and probable grounds is necessary to
render such assistance.
147. Where a person is wrongfully arrested, whether with or without a warrant, no action for
damages shall be brought,
(a) against the police officer making the arrest if he or she believed in good faith and
on reasonable and probable grounds that the person arrested was the person
named in the warrant or was subject to arrest without warrant under the authority
of an Act;
(b) Against any person called upon to assist the police officer if such person believed
that the police officer had the right to effect the arrest; or
(c) Against any person required to detain the prisoner in custody if such person
believed the arrest was lawfully made.
(2) It is the duty of everyone who arrests a person, whether with or without warrant, to give
notice to that person, where it is feasible to do so, of the reason for the arrest.

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Residential Tenancies Act, 1996

Purposes of Act
1. The purposes of this Act are to provide protection for residential tenants from unlawful
rent increases and unlawful evictions, to establish a framework for the regulation of
residential rents, to balance the rights and responsibilities of residential landlords and
tenants and to provide for the adjudication of disputes and for other processes to
informally resolve disputes.

Landlord includes,
(a) the owner of a rental unit or any other person who permits occupancy of a rental unit,
other than a tenant who occupies a rental unit in a residential complex and who
permits another person to also occupy the unit or any part of the unit,
(b) the heirs, assigns, personal representatives and successors in title of a person referred
to in clause (a), and
(c) a person, other than a tenant occupying a rental unit in a residential complex,
who is entitled to possession of the residential complex and who attempts to
enforce any of the rights of a landlord under a tenancy agreement or this Act,
including the right to collect rent;
Tenancy agreement means a written, oral or implied agreement between a tenant and a landlord
for occupancy of a rental unit and includes a licence to occupy a rental unit;
Utilities means heat, electricity and water; ―vital service‖ means hot or cold water, fuel,
electricity, gas or, during the part of each year prescribed by the regulations, heat.

Interpretation, sublet
(2) For the purposes of this Act, a reference to subletting a rental unit refers to the situation
in which,
(a) the tenant vacates the rental unit;
(b) the tenant gives one or more other persons the right to occupy the rental unit for a
term ending on a specified date before the end of the tenant‘s term or period; and
(c) the tenant has the right to resume occupancy of the rental unit after that specified
date.

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Interpretation, abandoned
(3) For the purposes of this Act, a tenant has not abandoned a rental unit if the tenant is not
in arrears of rent.
5. This Act does not apply with respect to,
(a) living accommodation intended to be provided to the travelling or vacationing public
or occupied for a seasonal or temporary period in a hotel, motel or motor hotel, resort,
lodge, tourist camp, cottage or cabin establishment, inn, campground, trailer park,
tourist home, bed and breakfast vacation establishment or vacation home;
(b) living accommodation whose occupancy is conditional upon the occupant continuing
to be employed on a farm, whether or not the accommodation is located on that farm;
(c) living accommodation that is a member unit of a non-profit housing co-operative;
(e) living accommodation that is subject to the Public Hospitals Act, the Private
Hospitals Act, the Community Psychiatric Hospitals Act, the Mental Hospitals Act,
the Homes for the Aged and Rest Homes Act, the Nursing Homes Act, the Ministry
of Correctional Services Act, the Charitable Institutions Act or the Child and Family
Services Act or is listed in Schedule 1 to Regulation 272 of the Revised Regulations
of Ontario, 1990 made under the Developmental Services Act;

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PART II TENANCY AGREEMENTS
Information to be provided by landlord
11. (1) if a tenancy agreement is entered into, the landlord shall provide to the tenant
information relating to the rights and responsibilities of landlords and tenants, the role
of the Board and how to contact the Board.

Failure to comply
(4) Until a landlord has complied with subsections (1) and (2), or with subsection (3), as
the case may be,
(a) the tenant‘s obligation to pay rent is suspended; and
(b) The landlord shall not require the tenant to pay rent.

Actual entry not required


(2) A tenancy agreement takes effect when the tenant is entitled to occupy the rental unit,
whether or not the tenant actually occupies it.

No Pet Provisions void


14. A provision in a tenancy agreement prohibiting the presence of animals in or about the
residential complex is void.

21. (1) A landlord shall not at any time during a tenant‘s occupancy of a rental unit and
before the day on which an order evicting the tenant is executed, withhold the
reasonable supply of any vital service, care service or food that it is the landlord‘s
obligation to supply under the tenancy agreement or deliberately interfere with the
reasonable supply of any vital service, care service or food.

22. A landlord shall not at any time during a tenant‘s occupancy of a rental unit and before
the day on which an order evicting the tenant is executed substantially interfere with the
reasonable enjoyment of the rental unit or the residential complex in which it is located
for all usual purposes by a tenant or members of his or her household.

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Landlord not to harass, etc.
23. A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant.

Changing locks
24. A landlord shall not alter the locking system on a door giving entry to a rental unit or
residential complex or cause the locking system to be altered during the tenant‘s
occupancy of the rental unit without giving the tenant replacement keys.

Privacy
25. A landlord may enter a rental unit only in accordance with section 26 or 27.

Entry without notice, emergency, consent


26. (1) A landlord may enter a rental unit at any time without written notice,
(a) In cases of emergency; or
(b) If the tenant consents to the entry at the time of entry.
(2) A landlord may enter a rental unit without written notice to clean it if the tenancy
agreement requires the landlord to clean the rental unit at regular intervals and,
(a) The landlord enters the unit at the times specified in the tenancy agreement; or
(b) If no times are specified, the landlord enters the unit between the hours of 8 a.m.
and 8 p.m.

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Entry to show rental unit to prospective tenants
(3) A landlord may enter the rental unit without written notice to show the unit to
prospective tenants if,
(a) The landlord and tenant have agreed that the tenancy will be terminated or one of
them has given notice of termination to the other;
(b) The landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and
(c) Before entering, the landlord informs or makes a reasonable effort to inform the
tenant of the intention to do so.

Entry with notice


27. (1) A landlord may enter a rental unit in accordance with written notice given to the
tenant at least 24 hours before the time of entry under the following circumstances:
1. To carry out a repair or replacement or do work in the rental unit.
2. To allow a potential mortgagee or insurer of the residential complex to view the
rental unit.
3. To allow a person who holds a certificate of authorization within the meaning of
the Professional Engineers Act or a certificate of practice within the meaning of
the Architects Act or another qualified person to make a physical inspection of the
rental unit to satisfy a requirement imposed under subsection 9 (4) of the
Condominium Act, 1998.
4. To carry out an inspection of the rental unit, if,
i. the inspection is for the purpose of determining whether or not the rental unit
is in a good state of repair and fit for habitation and complies with health,
safety, housing and maintenance standards, consistent with the landlord‘s
obligations under subsection 20 (1) or section 161, and
ii. It is reasonable to carry out the inspection.
5. for any other reasonable reason for entry specified in the tenancy agreement.
28. No landlord shall restrict reasonable access to a residential complex by candidates for
election to any office at the federal, provincial or municipal level, or their authorized
representatives, if they are seeking access for the purpose of canvassing or distributing
election material.
29. (1) a tenant or former tenant of a rental unit may apply to the Board for any of the
following orders:

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1. An order determining that the landlord has breached an obligation under
subsection 20 (1) or section 161.
2. An order determining that the landlord, superintendent or agent of the landlord
has withheld the reasonable supply of any vital service, care service or food that it
is the landlord‘s obligation to supply under the tenancy agreement or deliberately
interfered with the reasonable supply of any vital service, care service or food.
3. An order determining that the landlord, superintendent or agent of the landlord
has substantially interfered with the reasonable enjoyment of the rental unit or
residential complex for all usual purposes by the tenant or a member of his or her
household.
4. An order determining that the landlord, superintendent or agent of the landlord
has harassed, obstructed, coerced, threatened or interfered with the tenant during
the tenant‘s occupancy of the rental unit.
5. An order determining that the landlord, superintendent or agent of the landlord
has altered the locking system on a door giving entry to the rental unit or the
residential complex or caused the locking system to be altered during the tenant‘s
occupancy of the rental unit without giving the tenant replacement keys.
6. An order determining that the landlord, superintendent or agent of the landlord
has illegally entered the rental unit.
36. A tenant shall not harass, obstruct, coerce, threaten or interfere with a landlord.
40. No landlord shall, without legal process, seize a tenant‘s property for default in the
payment of rent or for the breach of any other obligation of the tenant.
42. (1) A landlord may dispose of property in a rental unit that a tenant has abandoned and
property of persons occupying the rental unit that is in the residential complex in
which the rental unit is located in accordance with subsections (2) and (3) if,
(a) The landlord obtains an order terminating the tenancy under section 79; or
(b) The landlord gives notice to the tenant of the rental unit and to the Board of the
landlord‘s intention to dispose of the property.
(2) If the tenant has abandoned the rental unit, the landlord may dispose of any unsafe or
unhygienic items immediately.

Termination for cause, damage


62. (1) A landlord may give a tenant notice of termination of the tenancy if the tenant,
another occupant of the rental unit or a person whom the tenant permits in the
residential complex wilfully or negligently causes undue damage to the rental unit or
the residential complex.

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64. (1) A landlord may give a tenant notice of termination of the tenancy if the conduct of
the tenant, another occupant of the rental unit or a person permitted in the residential
complex by the tenant is such that it substantially interferes with the reasonable
enjoyment of the residential complex for all usual purposes by the landlord or another
tenant or substantially interferes with another lawful right, privilege or interest of the
landlord or another tenant.
89. (1) A landlord may apply to the Board for an order requiring a tenant to pay reasonable
costs that the landlord has incurred or will incur for the repair of or, where repairing
is not reasonable, the replacement of damaged property, if the tenant, another
occupant of the rental unit or a person whom the tenant permits in the residential
complex wilfully or negligently causes undue damage to the rental unit or the
residential complex and the tenant is in possession of the rental unit.
91. (1) If a tenant of a rental unit dies and there are no other tenants of the rental unit, the
tenancy shall be deemed to be terminated 30 days after the death of the tenant.
(2) The landlord shall, until the tenancy is terminated under subsection (1), (a) preserve
any property of a tenant who has died that is in the rental unit or the residential
complex other than property that is unsafe or unhygienic; and
(b) Afford the executor or administrator of the tenant‘s estate, or if there is no
executor or administrator, a member of the tenant‘s family reasonable access to
the rental unit and the residential complex for the purpose of removing the
tenant‘s property.

PART XI THE LANDLORD AND TENANT BOARD


168. (1) The Ontario Rental Housing Tribunal is continued under the name Landlord and
Tenant Board in English.
174. The Board has authority to hear and determine all questions of law and fact with
respect to all matters within its jurisdiction under this Act.

PART XII BOARD PROCEEDINGS


187. (1) The parties to an application are the landlord and any tenants or other persons
directly affected by the application

(2) The Board may add or remove parties as the Board considers appropriate
207. (1) The Board may, where it otherwise has the jurisdiction, order the payment to any
given person of an amount of money up to the greater of $10,000 and the
monetary jurisdiction of the Small Claims Court.
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PART XV ADMINISTRATION AND ENFORCEMENT
228. The Minister may in writing delegate to any person any power or duty vested in the
Minister under this Act, subject to the conditions set out in the delegation.
229. The Minister may appoint investigators for the purpose of investigating alleged
offences and may appoint inspectors for the purposes of sections 224 and 225. 2006,
c. 17, s. 229.
230. (1) Subject to subsection (6), an inspector may, at all reasonable times and upon
producing proper identification, enter any property for the purpose of carrying out
his or her duty under this Act.

PART XVI OFFENCES


233. A person is guilty of an offence if the person knowingly,
(a) Withholds the reasonable supply of a vital service, care service or food or
interferes with the supply in contravention of section 21;
(b) Alters or causes to be altered the locking system on any door giving entry to a
rental unit or the residential complex in a manner that contravenes section 24 or
35;
(c) Restricts reasonable access to the residential complex by political candidates or
their authorized representatives in contravention of section 28;
(d) Seizes any property of the tenant in contravention of section 40;

234. A person is guilty of an offence if the person,


(a) Enters a rental unit where such entry is not permitted by section 26, 27 or 142 or
enters without first complying with the requirements of section 26, 27 or 142;

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(b) Fails to make an evicted tenant‘s property available for retrieval in accordance
with subsection 41 (3);
(u) Obstructs or interferes with an inspector exercising a power of entry under section
230 or 231 or with an investigator exercising a power of entry under section 231;

(v) Furnishes false or misleading information in any material filed in any proceeding
under this Act or provided to the Board, an employee or official of the Board, an
inspector, an investigator, the Minister or a designate of the Minister;

Penalties
238. (1) A person, other than a corporation, who is guilty of an offence
under this Act is liable on conviction to a fine of not more than
$25,000.
(2) A corporation that is guilty of an offence under this Act is liable on
conviction to a fine of not more than $100,000.

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Trespass to Property Act Ontario, R.S.O. 1990

All Security Guards should be familiar with the excerpts from the T.P.A. The phrase, ―Agent of
the Occupier‖ under the act includes Security Guards who have been contracted by the Owner or
Agent of Private Property. We are contracted to protect life, property and minimize liability
allowing the facility to operate normally. We are responsible to ensure compliance with the
rules and regulations on the property, including laws as well as maintaining order and providing
a reasonably safe environment.
You must be familiar with the specific arrest authorities as provided in the act, below:

Section 2,
(1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(Called a ―reverse onus‖ under the law, meaning it is up to the subject to prove
otherwise)
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the
occupier of the premises or a person authorized by the occupier, is guilty of an offence
and on conviction is liable to a fine of not more than $2000.00
The arrest authorities for trespass are included under Section 9 of the Trespass
to Property Act and allows for Security Guards to arrest, without warrant,
persons committing an offence on private property, they believe on reasonable
grounds that have committed an offence under section 2, using as much force as
is reasonable and justified under all of the circumstances and within company
policy, related to this act as long as it is not a trifling matter.

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Most trespass issues are best handled by means short of arrest.
You should document any breach of the ―Mall (property) Code of Conduct‖, describing it as
Engaging in Prohibited Activity, or Entry Where Entry is Prohibited, or Refusing to Leave after
Directed to do so, if appropriate for an arrest.
Section 9, (1) allows for a police officer or the occupier of the premises, or a person authorized
by the occupier (agent-Security Guard) to arrest without warrant any person believed on
reasonable grounds to be on the premises in contravention of section 2.
Section 9, (2) provides that you must promptly call for the assistance of a police officer and give
the person arrested into their custody.

Case Law Specific to Trespass:


R V Asante-Mensah [2003] S.C.J. No.38
This decision traced the legal meaning of ― reasonable force related to a trespass
arrest undertaken by private citizens in Ontario. The judge stated, ―If the party conducting a legal
arrest has no power to employ reasonable force to effect the arrest in the face of unlawful
resistance, the law would create a situation in which the party being arrested is free to resist
without any fear of reprisal.‖
As long as force used is reasonable considering all of the circumstances, then using force to
conduct the arrest is justifiable. This decision also stated clearly that many arrests are so
―trivial‖ in nature that they are best handled by means short of arrest.
This decision is binding on all lower courts in Ontario.

Tucker v. Cadillac Fairview Corp. [2005] O.J. No. 2921


In another decision the court document discusses justifications for trespass arrest in relation to
whether an arrest is reasonable in the first place. This decision also takes into account if a
defendant is liable in tort (owes a debt in a law suit) according to what the criminal law states is
justifiable and is not justifiable conduct.
It is once again reinforced that many trespass offences are of trivial importance and are best
handled by means short of arrest. This ruling further reinforces the concepts noted above, as the
circumstances in the Asante-Mensah case were extreme and all other attempts to secure the
subject‘s compliance had failed, therefore arrest was a reasonable course of action.

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Reasonable force under the Trespass to Property Act considers not only what force is necessary
to accomplish the arrest, but also considering all of the circumstances was arrest a reasonable
course of action in the first place?
The judge also asked these fundamental questions regarding the tests if a trespass arrest is
reasonable or not:
1. What had the appellants (arrested persons) done to cause the Security Guards to view
them as trespassers? Were these activities the subject of a complaint?
2. Were the appellants (arrested persons) acting in a disruptive manner either before their
arrest or at the time of their arrest?
3. Had the appellants (arrested persons) previously received a trespass notice? Had they
previously been prosecuted for trespassing?
4. Is it likely that the appellants (arrested persons) would have left the mall in a
reasonable period of time had Reverend Tucker been given the opportunity to
purchase the book that he wished to buy?
5. Once the appellants (arrested persons) were apprehended by the guards, did they offer
to wait for a police officer to attend?
6. Was it necessary to arrest the appellants (arrested persons) to prevent them from
continuing their prohibited conduct (of soliciting)?
7. Was the arrest of the appellants (arrested persons) necessary to preserve relevant
evidence?

If these criteria can be met and the matter could not have been reasonably dealt with by means
short of arrest, these dialogues from Judges‘ decisions provide strong precedents for trespass
arrests that are justified under the circumstances.

Phrases helpful for gaining compliance under T.P.A., versus arrest


That is prohibited activity, or what you‘re doing is prohibited
We don‘t condone that activity here, or we don‘t allow that
You are not contributing to the enjoyment of the property, or that is not a normal use of
the facilities

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Highway Traffic Act

The Highway Traffic Act is another Provincial Statute enforced by Police and specially
appointed enforcement officers on public roadways.
Certain traffic offences and driver behaviours are discouraged on private property, particularly if
they endanger others, including the driver or occupants of the offending vehicle.
Although the H.T.A. (Highway Traffic Act) is not part of the Ministry mandated curriculum,
there are certain specific sections and applications of the regulations that are vital for the security
professional.
All Security Guards operating a motor vehicle need to be properly licensed and familiar with the
rules of the road that apply to them. A security vehicle does not currently have any emergency
vehicle privileges or status and must be operated in accordance with the laws pertaining to all
drivers.
All Security Guards working as Certified Contract Officers for the purpose of enforcing
Municipal By-Laws on private property need to be familiar with certain definitions provided by
the H.T.A.
Park or ―parking‖, when prohibited, means the standing of a vehicle, whether
occupied or not, except when standing temporarily for the purpose of and while actually
engaged in loading or unloading merchandise or passengers.
Stand or ―standing‖, when prohibited, means the halting of a vehicle, whether
occupied or not, except for the purpose of and while actually engaged in receiving or
discharging passengers.
Stop or ―stopping‖, when prohibited, means the halting of a vehicle, even
momentarily, whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer or of a traffic control
sign or signal.
Most parking infractions on private property are considered trifling or of small importance, in
comparison to other offences and the consequences for an infraction or contravention include
issuing a certificate of offence with a set fine that may be paid outside of court. Keeping this in
mind, most Judges would frown on a Security Guard arresting a person for a parking infraction.
Extreme circumstances such as vehicles blocking a fire route in times of emergency may
increase the seriousness of a parking offence.

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Unless you are certified to issue parking infraction notices by your municipality, there is little
you can do, beyond persuasion to get the public to cooperate with these rules, other than call for
the authorities for assistance.

Picking up passenger for compensation prohibited without license, etc.


39.1 (1) A driver of a motor vehicle other than a bus shall not pick up a passenger for the
purpose of transporting him or her for compensation where a license, permit or
authorization is required to do so by,
(a) The Public Vehicles Act;
(b) A municipal by-law passed under Part IV of the Municipal Act, 2001;
(c) A regulation made under the Department of Transport Act (Canada); or
(d) An airport or airport authority, except under the authority of such license, permit
or authorization.

Those working on private property conducting traffic control duties or enforcing rules related to
illegal taxis or vehicles for hire should be aware of the best practices and consequences,
including who may enforce these as set out by the provisions.
The H.T.A. is enforceable by Police or specially appointed officers. This particular contravention
under Section 39.1 can result in serious circumstances originating from illegal taxis operating, in
the first place. There may be confrontations between the illegal drivers and licensed cabs on your
property. In addition, these vehicles are often not properly insured and the drivers may commit
other offences or engage in poor practices, resulting in injury or loss to patrons on your protected
property.
If this is occurring on your protected property, you may enforce the rules under the authorities of
the Trespass to Property Act, if allowed by your policies and appropriate. Most often the
offender would be issued a notice prohibiting entry and be asked not to return. The specific
authorities are covered in section 4.6.7

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Smoke Free Ontario Act

The Smoke Free Ontario Act sets out provisions in relation to the sale, purchase and use, etc. of
tobacco products. Security Guards may be required to assist the property manager enforcing
certain rules that the owner of the property is responsible for. Please follow site policies,
procedures and reasonable/lawful directions provided at your site.

Proprietor obligations
(6) Every proprietor of an enclosed public place or a place or area mentioned in subsection
(2) shall,
(a) Ensure compliance with this section with respect to the enclosed public place, place
or area;
(b) Give notice to each person in the enclosed public place, place or area that smoking is
prohibited in the enclosed public place, place or area in accordance with the
regulations, if any;
(c) Post any prescribed signs prohibiting smoking throughout the enclosed public place,
place or area, including washrooms, in the prescribed manner;
(d) Ensure that no ashtrays or similar equipment remain in the enclosed public place,
place or area, other than a vehicle in which the manufacturer has installed an ashtray;
(e) Ensure that a person who refuses to comply with subsection (1) or (2) does not
remain in the enclosed public place, place or area; and
(f) Ensure compliance with any other prescribed obligations.

Definition
(12) In this section, ―proprietor‖ means the owner, operator or person in charge.

Obstruction
(16) No person shall hinder, obstruct or interfere with an inspector conducting an inspection,
refuse to answer questions on matters relevant to the inspection or provide the inspector
with information, on matters relevant to the inspection that the person knows to be false
or misleading.

The Smoke Free Ontario Act, sets out the standards for restrictions and prohibitions regarding
the sale, purchase and use of tobacco products, including age limits, prescribed premises and
consequences for contraventions.

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It should be apparent from the sections, above that a Security Guard could find they are in the
position of proprietor. If you are working in an establishment such as a health care facility,
nursing or veterans home or entertainment facility that has an approved designated smoking
space or if you are working at a retail establishment that sells tobacco products, it is
recommended you obtain a copy of the regulations and become familiar with the specific
regulatory obligations.

As the Smoke Free Ontario Act does not have an arrest provision for contraventions yet creates
an obligation for the proprietor to cause violators to vacate the property, it is apparent this must
be accomplished by means of the Trespass to Property Act or with the assistance of an authority
who has powers to enforce the Smoke Free Ontario Act.

Occupier’s Liability Act, R.S.O. 1990

Under the Occupier‘s Liability Act, Security Guards are defined as an occupier as they are
agents of the Owner/Property Manager and have responsibility for and control over the
condition of premises or the activities there carried on, or control over persons allowed to enter
the premises. This responsibility is set out by our terms of contract and the job function we
fulfill.

Premises under the act includes not only lands and structures but water, ships and vessels,
trailers and portable structures, trains, railway cars, vehicles and aircraft except when in
operation (moving).

The Occupier‘s Liability Act applies in place of the rules of common law that determine the care
the occupier is required to show in respect of dangers to persons entering on the premises and/or
property they bring with them. It is the occupier‘s duty to take reasonable care that in all in all
circumstances that persons entering on the premises and the property brought on the premises by
those persons are reasonably safe while there. The duty of care provided under this act applies
whether the danger is caused by the condition of the premises or by an activity carried on at the
premises.

Municipal By-Laws
The most common by law offences Security Guards may have cause to enforce are parking
violations. These may include fire routes, accessible parking spaces, loading zones and other
specially designated areas on private property.
Most Guards enforcing these municipal laws will be provided special training and certified to
enforce the laws by issuing municipal parking infraction notices when appropriate. If you do not
have special training from the municipality where you work for enforcing parking laws and you
are expected by site procedures to do so, please follow the site policies and procedures as set out
and seek further advice from your Supervisor.
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The Municipal Code, an Ontario Statute delegates the authority to Municipalities to govern
matters within their jurisdiction. Much of this Code concerns rules of good government and the
collection of taxes.
Other responsibilities covered includes highways and by-laws, transportation systems, structures
such as buildings, fences and signs, animal control, etc. One area where a Security Guard may
assist with enforcement is Health, Safety and Nuisance. This section includes regulations related
to noise and so on. Another section where your attention may be required is business hours of
retail business establishments.
A Security Guard should be familiar with the Municipal Code in their particular area of
jurisdiction, considering by-laws vary to some degree from municipality to municipality. As
there is no provision for an authority for a Security Guard to enforce these by-laws in most of the
regulations, the role of a Security Guard is to observe and recognize contraventions and then to
report these to the correct authority for action, often the client if there is no immediate threat of
harm or urgency.
One area of importance for Security Guards includes occupancy limits related to rooms or
premises for public gatherings, as set out by fire code, particularly in licensed establishments.

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Section 9 - Effective Communications

Section Overview

Security guards encounter a wide range of situations and are required to act
professionally under all circumstances. Effective communication is an essential skill for
security guards in order to adapt to different scenarios and defuse situations when
required.

Communication Skills

There are many different mediums for communication, including writing (reports,
company policies), in-person, by phone, by e-mail, through two-way radios, and by
video recording.

Security guards must be able to communicate with a wide array of individuals both orally
and in writing to obtain information. Information provided by a security guard, presented
orally or in writing, should always be clear and concise, and use appropriate language.
Information should be conveyed accurately and without personal bias or opinion.

Communication also uses non-verbal cues, such as body language. A security guard’s
posture, gestures, facial expression and eye contact can all convey information.

Security guards should check with their employers about communication protocols for
specific situations, such as fire alarms, and the use of special communications
equipment like two-way radios (See Appendix B for Association of Public Safety
Communication "10" Codes).

Some general rules applicable to all communications are:


 Be brief.
Be explicit.
Be concise.
Make sure you are understood.
Do not be antagonistic.

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Tactical Communication

It is important to adjust a communication style to accommodate a situation or an


audience. Security guards should be able to adjust their behaviour and demeanour
accordingly. Assisting an injured individual will not require the same communication
tactics as controlling a rowdy crowd. Effective communication also ensures that
security guards can be assertive without being confrontational.

In any situation, it is important to communicate in a clear and concise manner. The tone,
volume, and cadence with which a message is presented can have a significant outcome
in how it is received by its audience. Tone, volume, and cadence are especially important
when dealing with people over the telephone where nonverbal cues are not available to
help them interpret your reaction to the situation.

Interpersonal Skills

Security guards must frequently interact with others, whether it is their employers, peers,
clients, or the public. Being courteous and professional are always essential and help to
establish rapports and build trusting relationships. Strong interpersonal skills also allow
security guards to relate well to others and prevent or defuse difficult situations.

Verbal-spoken communication
Listen – a good communicator is always a good listener. Listening will do several things; allow
you to find out what they are thinking-their side of the story. Listening helps them feel that
you care and are there to help them. Listening allows you the time to formulate and organise
your thoughts into an appropriate reply.

Language – be lucid or easily understood. Keep in mind that 500 of the most commonly used
words in the English language have up to 14,000 different meanings depending on how they
are used, where in the sentence they are used, what tone/inflection is put on them, etc.
Consider the fact that for many individuals English is a second language and they may not
have a good command of it. This can further be complicated by background differences
(religion, cultural, upbringing). Use simple language.
Courtesy – Be professional, polite and respectful. No matter the circumstances always start on a
positive note by greeting the individual you are communicating with and introducing
yourself. This sets a positive tone at the beginning of the communication process making it
easier. Be formal use titles such as Sir/Ma‘am. Keep the conversation professional and at a
business level; in other words ―just doing my job‖ not personal. It is never right for a
Security Guard to use profanity, demeaning/belittling remarks or sarcasm

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Non-Verbal communication:
You want your body to communicate the same message that your words are conveying. Body
language is easy to see not just for the person you are communicating with but anyone who
happens to be looking at you even if they are not close enough to hear what you are saying.
Maintain a calm, pleasant, friendly and professional demeanour.
Your facial expression should be neutral and/or friendly in order to convey a calm and relaxed
manner. Have a relaxed body posture, positioned in a manner that is non-threatening or
confrontational. No sudden gestures or movements. Modulate the tone, pitch and volume of
your voice to convey that calm and friendly demeanour.

Useful phrases

1. Please moderate your behavior.


2. No need to be rude.

3. I want to help you.

These three phrases are effectively used as a pattern interrupt; the subject suddenly realizes their
own behaviour and mentally checks their rationalization and/or realizes the embarrassment
potential when third parties are present. It‘s hard to be mad at somebody who wants to help you
– be genuine

4. “Please just help me do my job”


Statement four takes out the ego and the personal confrontation

5. “If it was up to me”


Statement five assumes you are following an impersonal third party‘s instructions

6. ―Please remain calm”


Statement six assumes the subject is already calm and is easier accepted emotionally and
psychologically than the command, ―Calm Down!‖

7. “Nobody would like that to happen to them” instead of “I understand”


Statement seven avoids coming across as patronizing and the question “If you
understand me why don’t you agree with me?”

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PHONE
When receiving calls at a client‘s place of business:
Identify yourself and the company. Speak clearly.
Be courteous - get to the point - make notes.
Politely ask the callers business. Pay close attention to their needs
Ask the person before you place them on hold.
Check back with a person on hold.
Always make the caller feel you are pleased to handle his/her call and it is not an
intrusion.
Never smoke, chew gum or eat while on the telephone
Radio Communication
When operating radios
Listen before you transmit.
Pause for one second before you transmit.
Speak directly into the microphone.
Use assigned call signs at all times.
Use the standard radio ten code system
Assume at all times that you are being monitored.
Short communication only.

When communicating by radio, it is important to keep communications clear and brief. Standard
systems were developed to assist us with both of these goals including the universal 10-codes
and phonetic alphabet. 10-codes communicate commonly used security procedures securely and
the phonetic alphabet may be used when transmitting a person‘s name or a license plate number,
etc.

Phonetic Alphabet
A - Alfa
B - Bravo
C - Charlie
D - Delta
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E - Echo
F - Foxtrot
G - Golf
H - Hotel
I - India
J - Juliet
K - Kilo
L - Lima
M - Mike
N - November
O - Oscar
P - Papa
Q - Quebec
R - Romeo
S - Sierra
T - Tango
U - Uniform
V - Victor
W - Whiskey
X - X-ray
Y - Yankee
Z – Zulu

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APCO Canada 10-codes (Association of Public Safety Communications)

10-0 Use Caution 10-34 Riot


10-1 Signal Weak 10-35 Major Crime Alert
10-2 Signal Good 10-36 Correct Time
10-3 Stop Transmitting 10-37 Suspicious Vehicle
10-4 Message Received 10-38 Stop Suspicious Vehicle
10-5 Relay 10-39 Respond With Siren and Flasher
10-6 Station is busy 10-40 Do not use Siren and Flashers
10-7 Out Of Service 10-41 Beginning Shift
10-8 In Service 10-42 End Shift
10-9 Repeat 10-43 Information
10-10 Fight In Progress 10-44 Permission to Leave
10-11 Animal Problem 10-45 Dead Animal
10-12 Stand By 10-46 Assist Motorist
10-13 Report Conditions 10-47 Emergency Road Repair
10-14 Prowler Report 10-48 Traffic Control
10-15 Civil Disturbance 10-49 Traffic Signal Out
10-16 Domestic Problem 10-50 Traffic Accident
10-17 Meet Complainant 10-51 Request Tow Truck
10-18 Urgent 10-52 Request Ambulance
10-19 Go To Station 10-53 Roadway Blocked
10-20 Advise To Location 10-54 Livestock on Roadway
10-21 Phone 10-55 Intoxicated Driver
10-22 Disregard 10-56 Intoxicated Pedestrian
10-23 Arrived At Scene 10-57 Hit and Run Accident
10-24 Assignment Complete 10-58 Direct Traffic
10-25 Report to 10-59 Es

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10-26 Detaining Suspect 10-60 Squad In
Vicinity
10-27 Driver's License Information 10-61 Personnel In
Vicinity
10-28 Vehicle Registration Information 10-62 Reply To
Message
10-29 Check Records For Want 10-63 Prepare to
Copy
10-30 Unauthorized Use Of Radio 10-64 Local
Message
10-31 Crime In Progress 10-65 Net
Message
10-32 Person With Gun 10-66 Cancel
Message
10-33 Emergency - All Units Stand By 10-67 Clear For Net
Message
10-68 Dispatch Information 10-84 Estimated Time of
Arrival
10-69 Message Received 10-85 Arrival
Delayed
10-70 Fire Alarm 10-86 Operator On
Duty
10-71 Advise Nature Of Alarm 10-87 Pick
Up
10-72 Report Progress of Alarm 10-88 Advise Telephone
Number
10-73 Smoke Report 10-89 Bomb
Threat
10-74 Negative 10-90 Bank
Alarm
10-75 In contact with 10-91 Pick Up
Subject
10-76 En route 10-92 Illegally Parked
Vehicle

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10-77 Estimated Time of Arrival 10-93
Blockage

10-78 Request Assistance 10-94 Drag


Racing
10-79 Notify Coroner 10-95 Subject In
Custody
10-80 Pursuit in Progress 10-96 Detain
Subject
10-81 Breathalyser Report 10-97 Test
Signal
10-82 Reserved Lodgings 10-98 Prisoner
Escape
10-83 School Crossing Assignment 10-99 Wanted Or
Stolen

Some employers may have developed proprietary code systems, for examples in Hospitals
there are common radio codes in place. Some of these codes may have other meanings,
depending on the employer you work for. You must be familiar with the practices at your site.

Common Hospital Radio Codes


Code Blue Cardiac Arrest
Code White Violent Patient
Code Red Fire
Orange Disaster mass
casualties

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Section 10 - Sensitivity Training

Section Overview

Security guards interact with the public on a daily basis. It is important that individuals
are approached with respect.

Security guards should have an understanding of the different types of prejudice that
exist as a result of differences between people, including (but not limited to):
 Ethnic background 
 Education
 Religion 
 Gender
 Sexual orientation
 Physical or mental disabilities

Security guards should learn to identify their own biases in order to prevent them from
affecting the way they interact professionally with members of the public. They should
also understand the ways in which miscommunication and misinterpretation can take
place between two people who come from different backgrounds, and should therefore
be sensitive to differences when dealing with a person.

Legally, security guards must comply with the Code of Conduct Regulation under the
PSISA as well as the Ontario Human Rights Code (OHRC), and are therefore obliged to
treat all persons equally and without discrimination.

The OHRC is a provincial law that gives everybody equal rights and opportunities
without discrimination.

Security guards should also be aware of the requirements and standards in the
Accessibility for Ontarians with Disabilities Act, 2005 (AODA) in order to ensure they
provide appropriate service to those with disabilities.

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There are many forms of discrimination:
Age discrimination is discrimination on the grounds of age.
Sexism, discrimination based on gender is defined as adverse action against another
person that would not have occurred had the person been of another gender.
Caste discrimination. A caste is a combined social system of occupation, endogamy
(marriage within a specific social group), culture, social class, and political power such as
the old European feudal system of royalty, nobles and peasants.
Employment discrimination refers to disabling certain people to apply and receive jobs
based on their race, age, gender, religion, sexual orientation and disability.
Sexual orientation discrimination. Discrimination against individuals based on sexual
prefer

Language discrimination, people are sometimes subjected to different


treatment because their preferred language is associated with a particular group, class or
category.
Reverse discrimination, minority quotas (e.g. when an organization has policies that
take race, ethnicity, physical disabilities, military career, gender, or a person's parents'
social class into consideration.) discriminate against members of a dominant or majority
group. Please note that in Canada, affirmative action programs designed to offset a
previous imbalance is not reverse discrimination, as written in the Charter of Rights.
Disability discrimination, discrimination against people with disabilities; mental,
physical or both.
Religious discrimination, discriminating against somebody because of their religious
beliefs.
Stereotyping is a form of discrimination. General labeling of a group of individuals
such as wrongly stating all black people are good at basketball, or all Jewish people are
wealthy and so on.

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Section 11 - Use Of Force Theory

Security guards may find themselves in a situation where they need to use force. An
understanding of use of force theory, the components of the use of force model and
how to maintain composure during potentially stressful situations is required.

Where a security guard is required or authorized by law to do anything in the


administration or enforcement of the law, section 25 of the Criminal Code (Canada) is
applicable. In these circumstances, section 25 allows a security guard (like all members
of the public) to use as much force as is necessary as long as they act on reasonable
grounds. However, section 26 states that individuals who use force are also criminally
responsible for any excess of force in these circumstances.

It is important that security guards have an understanding of use of force theory in order
to avoid using excessive force. Security guards should also be familiar with the concepts
of excited delirium syndrome and positional asphyxia; these may occur when a person is
being physically restrained, and may lead to sudden or unexpected death.

Typically, a person suffering from excited delirium will display signs of severe mental
disturbance, and may act violently and aggressively. If a person appears to be
delirious, the security guard should avoid agitating or exciting them. Excited delirium
can be caused by a variety of factors (or a combination of them), such as drug use,
mental illness, brain injuries or tumors, heart disease, high blood pressure, high or low
blood sugar, respiratory problems, or fever.

Positional asphyxia could happen to any person being physically restrained, but the risk
of it is much higher for individuals suffering from excited delirium. When being
restrained, a person should not be placed in a position that may prevent them from
breathing properly – they should not be held face down, and there should be no pressure
on their chest.

The National Use of Force Model (see below) is a situational model which may help
security guards understand the appropriate level of force to use in a given situation.
Based on the situation and the behaviour of the subject (black and white/inner circles),
the security guard should assess the situation and determine what type of response is
appropriate (coloured/outer circles). For example, a security guard would not use hard
physical force against a subject who is being cooperative.

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Excited Delirium and Positional Asphyxia

People who struggle violently may be suffering from excited delirium. This
condition can sometimes result in the death of the subject. Excited Delirium can be
induced by any of the following conditions; drugs, alcohol, psychiatric illness, or a
combination.
Sign
AbnormalStrength
Abnormal tolerance of pain
Impairedthinking
Disorientation
Hallucinations
Panic/Shouting
Violence
Paranoia
sweating/hot to the touch (a person‘s warmth)

Sudden tranquility following frenzied activity indicates an exceptional risk.


Certain restraint positions increase the risk of death. Ensure the subject‘s head is
properly supported so that they do not slump blocking their airway. Do not place
and hold subjects face down. Do not hog tie subjects. If a subject appears in
physical distress get immediate medical assistance.
Roll handcuffed subjects to the recovery position as soon as it is safe and
practicable to do so following restraint in handcuffs if they are prone.
If a Subject stops breathing, call 911 and advise that a life threatening
condition is apparent and follow directions provided by Police or Paramedics.

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Tort Law

Civil Cases
Civil cases deal with law related to contracts or Torts which are wrongful acts that result in
injury or damages to another person or another person‘s property. Civil cases are initiated in two
ways, as an action or as an application.
Claims that are valued at $25,000.00 or less are usually heard in small claims court which has a
set of rules and procedures unique to this court system.

A civil case is a legal case involving civil law or common law, which involves disputes between
individuals or organizations in which some form of compensation may be awarded to the victim.
Criminal law, on the other hand, involves cases in which the state is against an individual as the
individual has broken the state's laws. A civil case may also be referred to as civil action, civil
proceedings, or a civil suit. Civil cases are almost exclusively intended to correct private issues such as
breaches of contracts or various negligence issues. Public issues that affect individuals and the
functioning of society as a whole are typically handled in criminal court.

Civil law tends to combine two different legal traditions: common law and equity law. Common law
simply describes a legal system that is developed through the cumulative decisions of judges, not by
legislative action. In many cases, legislative laws do not determine the outcome of a civil case; civil
cases tend to be decided based on the outcomes of past cases. Equity law originated in England; it
involves judgment not based on rigid laws but on a simple adherence to natural law. The two forms of
legal thought together influence the modern system of civil law.

There are many different kinds of civil cases, ranging from the very personal to those involving large
companies. Some cases involve families; divorce cases, child support cases, and child custody cases are
all examples of cases that fall into the realm of civil law. Sometimes, a civil case will involve an
automobile incident, as when one driver sues another for damages to the automobile or to the person.
Broken contracts are also very common in civil court; often, legal means are the only way to get one
individual or company to pay another.
An intententional tort requires an overt act, some form of intent, and causation. In most cases, transferred
intent, which occurs when the defendant intends to injure an individual but actually ends up injuring
another individual, will satisfy the intent requirement. Causation can be satisfied as long as the defendant
was a substantial factor in causing the harm.

An overt act that puts the plaintiff in reasonable apprehension that an immediate battery will occur with
intent and causation. Reasonable apprehension is based on the plaintiff’s perception of the situation.

Words alone are not considered an overt act and they can negate the immediacy of the conduct (e.g., if
the defendant points a gun at the plaintiff and says, “in three weeks, I will kill you,” this eliminates the
immediacy required for the action to be considered an assault).
False Imprisonment: An act of restraint that confines the plaintiff in a bounded area. The length of the
imprisonment is immaterial, but the plaintiff either must be aware of or suffer harm from the
imprisonment. Words alone can be considered an act of restraint if the plaintiff believes they are a threat.

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An act of restraint can also occur through omission if specific preexisting conditions apply (e.g., if a
prison guard refuses to release a prisoner at the end of his or her sentence, the guard has committed an
act of restraint.)

Some examples of wrongs covered by Tort law that concerns Security Professionals include;
Vicarious liability which is closely related to the concept of Agency and means that a
superior can be held responsible for the actions of a subordinate
Negligence, a term meaning a failure to use reasonable care - the opposite of diligence
and beyond someone doing the best they can but referring to the competence of an
individual given the action. Negligence may not depend upon the intent of a person but
the resulting injury sustained and their ability to perform the action, given all of the
circumstances
Wilful misconduct – intentional or conscious disregard for the rights or safety of others
where an individual intends doing what they did.

Within the scope of employment‖ describes actions taken on behalf of the employer opposed
to taken on behalf of the employee personally. The concept of reasonability is at question in
scope of employment. This is particularly relevant to the job description and or post order or
work instructions the Security Guard is provided.
Most Canadian tort law is based on decisions made during previous cases or precedents.
This law of torts is based on the British system with the exception of a few torts such as
nuisance (interference with enjoyment of one‘s property), defamation of character and some
medical responsibilities.

Intentional torts include the wrongs of assault, false arrest, false imprisonment, mental distress,
anguish or trespassing.
Not all torts have to be intentional and these would be called non-intentional torts and includes
a class of wrongs including accidentally injuring someone or damaging their property through
negligence as opposed to malicious or wilful conduct. Injury may also include interfering with
another‘s rights or interests such as injuring them by causing public embarrassment or
humiliation.
Harms that can be imposed on another include the physical person or body, property or legal
rights.
Negligence is defined as a failure to use reasonable care or due diligence whereas gross
negligence is defined as negligence that is so flagrant as to be reckless or act with total disregard
of the consequences.

Section 495(2) of the Criminal Code is cited in that a police officer shall not make an arrest
without warrant for summary conviction (less serious offences) unless it is necessary to:

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1. Establish the identity of the person arrested
2. To secure or preserve evidence of or relating to the offence
3. To prevent the continuance or renewal of the offence or the commission of another
offence
4. To secure the attendance in court of the person arrested.
Could the matter have been effectively dealt with by means other than arrest?
What level of force was used?
What duty did you have to interfere with the subject?
How important was the action for the general good of the public?
How severe was the interference with the subject‘s liberty?

The reasons for Police Officers to search a person and Security Guards to search a person are
different according to the urgency of an issue:

1. To identify the subject committing an offence


2. To secure evidence of the crime or relating to the crime (would this evidence
otherwise disappear?)
3. To prevent a continuance, repetition or renewal of an offence
4. To ensure the offender attends court

You must be diligent to ensure any arrest you undertake meets the minimum standard as set out
by at least one of these tests to minimize the chances of being charged or sued. Of the above
noted points, identifying a subject in relation to a trespass offence and preventing a
continuance, repetition or renewal of an offence are the most relevant to Security Guards.
If you were working as loss prevention personnel or if other circumstances created some urgency
you may need to secure evidence but in most cases that is not necessary. The police will check
for evidence. The last reason, to ensure an offender attends court is also a priority for the
authorities, not Security Guards.

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Conclusions
It is your duty to articulate (be able to state) and justify (prove reasonable) any arrest or use of
force you undertake. Actions you take within the scope of your employment are going to be
reviewed closely and must be reasonable according to the concept of duty of care. Your
employer will provide training, guidance, policies and procedures serving as a framework within
which you should operate. Ultimately the responsibility for your actions resides with you. You
can face charges in criminal and civil court if those decisions are not beyond reproach.
Enforce rules and regulations on the property within the policies provided while taking a fair and
equal approach to all persons and situations.
Our goal is to calm situations and ensure our presence and actions allow the property to operate
as intended. We are responsible to ensure compliance with the client‘s program for providing a
reasonably safe environment for everyone. In other words we are responsible for safety and
security as well as the physical plant of the facilities we protect.
Our first and best opportunity to ensure we meet this goal is by being highly visible on a site and
providing deterrence to criminal or disruptive behaviours and activities. We also observe sub-
standard conditions and report these to the appropriate authority for correction.
If it is practical and effective call the police to deal with violations under the law.
When persons present a danger, disruption or fail to comply with the site policies the best option
is to gain compliance using persuasion. If absolutely necessary and as a last resort we may use
reasonable force as allowed by law and policies.
Use criminal authorities if justified. Use trespass authorities appropriately as a last resort to
prevent disruption of the facility and unreasonable and/or repetitive behaviours of offenders. If it
will be effective, use measures short of arrest to deal with trespass issues. Understand the intent
of the Trespass to Property Act is to gain compliance with rules on private property or get
offenders to leave and not return.

Be fair and impartial


Thoroughly document all occurrences
Obtain witness statements when able
Gather all evidence supporting your actions and present these to your supervisor, ASAP

Do not :

Allow ego to motivate a bad decision


Forget to consider all options

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Section 12- Emergency Level First Aid

Emergency Level First Aid training and certification is a requirement of the basic training
program for security guards. The equivalent to St. John Ambulance course Emergency
Level First Aid is the standard.

Upon completion of an emergency level first aid course, security guards should be
familiar with:
 Emergency Scene Management
 Treatment of shock, unconsciousness and fainting
 Choking – Adults
 Severe bleeding
 One Rescuer CPR – Adult

Note: This section is not a substitution for in-course training and certification.

First Aid is made up of both knowledge and skills. Some of that knowledge can be found
in this study guide, and it can be learned by studying it. The best way to acquire First Aid
skills is to take a recognized First Aid course from a qualified instructor. Emergency
Level First Aid is a mandatory component of the training program for new security
guards. For more information consult the “Training and Testing” section of the ministry
website.

What is First Aid?

First Aid is emergency care or treatment to an injured or ill person using readily
available materials before regular medical attention can be obtained. First Aid is
intended to preserve life, prevent further injury and promote recovery.

Anyone can take charge of an emergency scene and provide first aid. Ambulance
personnel, police officers, and firefighters may be called to the scene of an emergency
and are known as “first responders”. It is their job to respond to an emergency. They
are trained to take charge of a scene as soon as they arrive. You can expect them to
ask direct questions about the scene, the casualty and your involvement. If a security
guard is trained in First Aid, they may tell them ‘I am a First-Aider’; give the history of
the scene and the condition of the casualty.

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In addition to providing first aid, a security guard on an emergency scene may also:

 Protect the casualty’s belongings;

 Keep unnecessary people away;

 Reassure family or friends of the casualty.

Security guards should familiarize themselves with their employers’ First Aid policies,
including accident reporting, in order to respond to emergency situations as effectively
and quickly as possible.

Typically, a recognized First Aid course would include training on:

 Emergency Scene Management

 Treatment of Shock, Unconsciousness or Fainting

 Treatment for choking – Adults

 One Rescuer CPR – Adult

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Appendix A: Workplace Hazardous Materials Information System

Hazardous Material Symbols:

CLASS A: COMPRESSED GAS


This class includes compressed gases, dissolved gases, and
gases liquefied by compression or refrigeration.

CLASS B: FLAMMABLE AND COMBUSTIBLE MATERIAL


This class includes solids, liquids, and gases capable of catching
fire in the presence of a spark or open flame under normal
working conditions.

CLASS C: OXIDIZING MATERIAL


These materials increase the risk of fire if they come in contact
with flammable or combustible materials.

CLASS D: POISONOUS AND INFECTIOUS MATERIAL


Division 1: Materials Causing Immediate and Serious Toxic
Effects
These materials can cause death or immediate injury when a
person is exposed to small amounts. Examples: sodium cyanide,
hydrogen sulphide

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CLASS D: POISONOUS AND INFECTIOUS MATERIAL
Division 2: Materials Causing Other Toxic EFFECTS
These materials can cause life-threatening and serious long-term
health problems as well as less severe but immediate reactions in
a person who is repeatedly exposed to small amounts.

CLASS D: POISONOUS AND INFECTIOUS MATERIAL


Division 3: Biohazardous Infectious MATERIAL
These materials contain an organism that has been shown to
cause disease or to be a probable cause of disease in persons or
animals.

CLASS E: CORROSIVE MATERIAL


This class includes caustic and acid materials that can destroy the
skin or eat through metals. Examples: sodium hydroxide,
hydrochloric acid, nitric acid

CLASS F: DANGEROUSLY REACTIVE MATERIAL


These products may self-react dangerously (for example, they
may explode) upon standing or when exposed to physical shock
or to increased pressure or temperature, or they emit toxic gases
when exposed to water.

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Test Preparation Tips
Test Anxiety

Some candidates express concern that they may not do well on the ministry’s basic
security guard test because they have not written one before, have written few multiple-
choice exams of any sort, or have not written any tests recently.

Test anxiety is an uneasiness or apprehension experienced before, during, or after a


test because of concern, worry, or fear. Anxiety can be experienced either as worry or
through physiological signs (e.g., rapid heart rate, sweating, shaky hands) or both.
Almost everyone experiences some anxiety. It is important to know that you do not
have to eliminate it entirely. Your goal should be to reduce test anxiety to a
manageable level, so that you can focus on the task at hand.

Below are three general strategies for managing stress.

1. Build a Support Network

Social support has been shown to reduce people’s stress levels. There is a lot of
research to suggest that social support buffers the effect of stressors, which
increases people’s overall well-being (Viswesvaran, Sanchez & Fisher, 1999) but, an
over reliance on this support at the expense of problem-focused strategies, such as
actual studying, can impair test performance.

Your personal support network of family and friends are important to consider as you
plan study strategies (e.g., managing schedules; creating distraction free time and
space for study) as well as for emotional support.

Your professional network includes relations with your supervisor, mentors within the
organization, colleagues, your work team as well as previous colleagues and
organizational support services such as the training unit. Tap into those individuals
whose area of expertise relates to your specific areas of study.

Create opportunities for both formal and informal learning, whether it’s a study
session offered by your service, a scheduled debriefing with a supervisor, or informal
gatherings with other members preparing for exams. Sometimes just asking a
question or explaining a problem to others can bring a solution into focus or provide
the clarity you are looking for.

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Although emotional support may be helpful, it is vital to focus on “problem-oriented”
support when preparing for tests.

2. Rest and relaxation

Preparing to write a test requires considerable commitment, in particular with respect


to time. A sustained level of hard work over a long period of time without relief can
cause ill health and burnout. If we are short of sleep then our concentration,
effectiveness and energy levels decline. Strive for balance.

When we are stressed and anxious we often find that thoughts keep running through
our head making it difficult to get to sleep or stay asleep. If this is the case, ensure
that you stop doing mentally demanding work several hours before going to bed –
give your brain time to calm down before you try to sleep. Try reading a calming,
undemanding book to tire your eyes and take your mind off the things that are
worrying you. Should you find that your sleep is distracted by important thoughts or
questions, write them down in a notebook (to be reviewed later) – get them on paper
and put them out of your mind until it is time to deal with them.

3. Exercise

Doing frequent effective exercise is one of the best stress reduction techniques.
There is evidence to support that physically fit people have less extreme
physiological responses when under pressure than people who are not (B. Probert,
2003). Exercise not only improves your health and reduces stress caused by
unfitness; it also relaxes muscles and helps you sleep. If you have a workout
routine, do your best to maintain it. If you do not have a workout routine, consider
starting one.

Study Tips

Identify Study Goals

Preparation for a test can be a significant task, but one that is much more manageable
with an organized approach.

 Setting short and long term goals can help keep you on track and have been
proven to improve results when specific and challenging (yet realistic) goals have
been chosen.

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 T
 ry to set both a long term goal, one aimed at overall achievement, as well as
short term goals which apply to daily / weekly / monthly objectives. This will help
motivate as well as provide the smaller steps necessary to achieve the desired
results.

Break down your approach by topic (report writing, Canadian Legal System,
Private Security and Investigative Services Act, 2005, surveillance, etc.).

 S
 et specific goals (i.e. I will read and understand topic x on Thursday from 1700
to 1900 hours).

Schedule Study Sessions

 S
 et aside specific times in order to study. Set yourself deadlines and stick to
them in order to avoid last minute cramming.

Organize Study Material

 K
 eeping all study resources, texts, and supplies in one place will help you to
maximize your study time.

 Maintaining a ‘study kit’ with the materials to be used will ensure that you are not
searching for necessities when the time to study comes.

Choose a Good Study Pace


 Choose a space that fits with your schedule and plan and that will be available to
you whenever required.

 A
 space with sufficient room to work, free from distraction and interruption is
ideal.

 M
 ake sure you have good lighting, a comfortable chair, and agreeable
temperature. When you have selected a good space, try to conduct all your
studying there.

Take Good Notes

 Write clearly and legibly.

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 Make summaries.

 C
 reating or using abbreviations and acronyms can aid you in recalling material,
especially lists and processes.

 Keep separate points on separate lines and leave a wide margin in your notes for
later questions and notations to yourself for follow-up research.

Review Regularly

An effective part of any study plan is to set aside time for review.

 T
 ry to review your study materials on a regular basis, in order to keep the
information fresh in your mind.

 D
 iscuss the topics and content with others preparing to take the test or who have
already taken the test. Being able to discuss the material with others is often a
good benchmark of understanding and will make you feel more at ease when it is
time to write the test.

 T
 ry to relate what is being learned to actual job experiences and visualize how
the information may help you in the future in your work.

Reward Yourself

Preparing for a test takes focus and commitment. At times it will be a challenge, so
reward yourself when you feel you have accomplished one of your major tasks.

Writing the Test

Getting Ready to Write

Be ready
 Be sure to use all available strategies to help you succeed – visualization, logic,
talking to yourself.

 Dress in layers so that you may remove or put on a layer according to comfort in
the test location.

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Be rested
 Give yourself a good rest buffer before the test. Make sure to get enough sleep.

 T
 ry to do something to clear your mind so that you will be focused and able to
concentrate fully on the test day.

Be fed
 Eat well before the test. Avoid fasting or taking stimulants you are not
accustomed to (e.g. coffee, soft drinks, chocolate).

Be positive
 Approach the test with confidence.

 S
 tay away from others before the test, particularly those that may not have
prepared properly. Anxiety can be contagious and you will do better focusing on
what you know rather than what you do not.

Be on time
 Arriving early will help to alleviate any anxiety. Select a seat where you will feel
comfortable (good lighting and minimal distraction).

During the Test

Be calm
 It is natural to be a bit nervous or stressed. You can channel this into positive
energy.

 T
 ry to take a couple of short mental breaks during the test. It is good to clear
your head for a second and focus your eyes on a distant spot in order to refresh.

 If you find yourself experiencing a lot of anxiety close your eyes and take deep
breaths.

 S
 mall stretching exercises can also help – shoulder shrugs, leg stretches, neck
rolls, etc).

Be systematic
 Before you begin the test, take a short glance through its entire contents.

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 T
 ry to budget your time, try to approximate how much time you should spend on
each question.

 Read the instructions carefully.

 Answer questions you readily know the answer to.

 Do not struggle over questions that seem difficult – circle them and come back to
them afterwards. Sometimes you will find that an answer will occur to you simply
from being more relaxed after having successfully answered other questions.

Be focused
 Read the test question carefully, two or more times if required.

 Circle and underline important words or points.

 Eliminating obviously wrong answers can help you to focus on the correct one.

Be logical
 Change your answer only if you have a good reason for doing so.

 D
 o not be distracted by other individuals leaving the test before you – there are
no prizes for finishing first. Use the time you are given.

 D
 o not expect to know everything on the test – you are likely to see some items
that you are not prepared for.

 Leave yourself some time to review your work before leaving the test.

After the Test

 A
 good strategy is to make notes of any questions and areas that caused
difficulty and to research them at a later time.

 Now that you’ve completed the test, it’s a good idea to do something to reward
yourself and to relax after all your hard work!

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summary/Conclusion

Given your work and life commitments, preparing to write the ministry’s basic private
investigator test is a huge endeavour. We hope that the variety of test preparation tips
and strategies detailed in this guide assist you in accomplishing this undertaking, while
minimizing test stress.

As many candidates have expressed, preparing and writing a test is a learning


experience unto itself. We hope that the process of preparing for your basic security
guard test serves you well.
References
Morris, Ramona, Jelley, R.B. (2008) Preliminary Report on Candidate Reactions to the
2008 Ontario Police College Promotional Exams.

Hrabluik, C., Jelley, R.B., McCarthy, J.M. (2007) Report on Candidate Reactions to the
2007 Ontario Police College Promotional Exams.

Jelley, R.B. (2006) Report on Candidate Reactions to the 2006 Ontario Police College
Promotional Exams.

Locke, E. A. & Latham, G. P. (2002). Building a practically useful theory of goal setting
and task motivation: A 35-year odyssey. American Psychologist, 57, 705-717.

McCarthy, J.M., Jelley, R.B. (2005) Report on Candidate Reactions to the 2005 Ontario
Police College Promotional Exams.
Onwuegbuzie, A. J., & Collins, K. M. T. (2001). Writing apprehension and academic
procrastination among graduate students. Perceptual and Motor Skills, 92(2), 560-562.
Probert, Barbara (no date). Overcoming Exam Anxiety (no date). Retrieved December
1, 2005 from http://www.counsel.ufl.edu.

Study Skill Checklist: SQ3R – A Reading/Study System (no date). Retrieved December
1, 2005 from the Virginia Polytechnic Institute and State University website:
http://www.ucc.vt.edu

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Viswesvaran, C., Sanchez, J. I., & Fisher, J. (1999). The role of social support in the
process of work stress: A meta-analysis. Journal of Vocational Behavior, 54(2), 314-
334.

Good Luck

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