Private Security and Investigative Services Act, 2005 and its Regulations
The Private Security and Investigative Services Act, 2005 (PSISA) is the Ontario statute that makes private investigation a licensed profession. Items in this domain test who must hold a licence, what a licence authorises, the Registrar's powers, complaint and appeal routes, and the offences created by the Act and its regulations.
Licensing basics
A person who, for hire or reward, searches for or provides information on the identity, character, activities, whereabouts or affiliations of another person, or investigates the ownership, control or management of a business or property, is a private investigator and must hold an individual licence. Agencies need a separate agency licence. Applicants must be at least 18, entitled to work in Canada, complete mandatory basic training (50 hours for private investigators, plus Standard First Aid with CPR-C) and pass a criminal record check. A licensee must carry the licence card and produce it on request.
Title and appearance
Licensees must not hold themselves out as police officers, wear uniforms or use equipment suggesting police status, or use prohibited titles; the General Regulation (O. Reg. 363/07) restricts use of the title 'detective'. Advertising and business names must not imply a police or government connection.
Registrar and appeals
The Registrar of Private Investigators and Security Guards may refuse, suspend or revoke a licence, or impose conditions, by issuing a notice of proposal. The licensee has 15 days after receiving it to appeal to the Licence Appeal Tribunal. The Registrar also receives complaints and may appoint inspectors who can enter premises, demand records and question persons.
Worked example
An unlicensed person advertises 'background checks - find anyone fast' and is paid to trace a former partner. Because the work consists of providing information about a person's whereabouts for hire, it fits the statutory definition of private investigation. The advertisement, the payment and the search each support a charge of unlicensed practice, and the client's consent is no defence - the offence lies in performing the work without a licence.
Traps
Do not assume a licence confers police powers; it does not. Do not confuse the Registrar (licensing) with the Licence Appeal Tribunal (appeals). Obstructing an inspector or giving false information to the Registrar is itself an offence, punishable by fines up to $25,000 for an individual and $250,000 for a corporation.