Other Federal Statutes and Provincial Legislation (including the Provincial Offences Act)
Beyond the PSISA and the Criminal Code, Ontario investigators work inside a web of federal and provincial statutes that decide what information may be collected and how offences are prosecuted. Expect questions on privacy law, trespass, the Provincial Offences Act and evidence statutes.
Privacy statutes
PIPEDA governs how private-sector organisations collect, use and disclose personal information in commercial activity: with knowledge and consent, for a reasonable purpose, limited to what is needed, kept accurate and secure, retained only as long as necessary, and open to individual access. The federal Privacy Act applies to government institutions, not companies. Ontario's FIPPA and MFIPPA cover public-sector records, and the Highway Traffic Act restricts release of driver and vehicle information to permitted purposes.
Trespass and property
The Trespass to Property Act lets an occupier prohibit entry by notice (oral, written or posted), and allows the occupier or agent to arrest without warrant a person believed on reasonable grounds to be trespassing who refuses to leave after being directed to do so, then to call police as soon as practicable. Reasonable force may be used. Trespass is a provincial offence prosecuted under the POA.
Provincial Offences Act
The POA sets out procedure for provincial offences - Highway Traffic Act, Trespass to Property Act, liquor and by-law matters. A provincial offences officer issues a certificate of offence, which must be served within 30 days; the defendant may plead guilty, plead not guilty or request a trial. Proceedings are heard in the Ontario Court of Justice and proof remains beyond a reasonable doubt.
Worked example
A licensed investigator is hired to find a debtor and considers pulling the debtor's driving record through a contact at ServiceOntario. That release is permitted only for purposes listed in the Highway Traffic Act, and private investigation is not among them; the contact commits an offence and the investigator risks counselling it and producing tainted evidence. The lawful route is a courthouse or registry search plus open-source work.
Traps
Assuming PIPEDA covers a neighbour snooping for personal reasons (it applies to organisations in commercial activity); treating the federal Privacy Act as covering companies; and laying an HTA charge for conduct on a private parking lot where the provision applies only to a highway.