Ontario Private Investigator study materials
Ontario Private Investigator study resources

Ontario Private Investigator: Surveillance

Ontario Private Investigator · Work through your exam, one topic at a time.

All guide sections

Surveillance

Surveillance questions test technique, discipline and the lawful boundary between watching in public and intruding on private life. The examiner wants planned, documented observation and an honest record of what was and was not seen.

Legal frame

Observation from a public place of activity visible to the public is generally lawful and does not engage a reasonable expectation of privacy. Entering private property - a driveway, yard or apartment corridor - engages the Trespass to Property Act. Intercepting private communications is an offence under s. 184 of the Criminal Code unless a party consents; video with sound in a private setting can capture such a communication. Attaching a tracking device and covert recording inside private spaces raise Charter and s. 162 voyeurism issues. Drone use is also governed by Transport Canada rules.

Planning

Brief the subject's description, vehicle (plate, make, model, damage, accessories), likely locations and times, and the objective. Synchronise watches. Fix the observation rule: what must be recorded - arrival, departure, activity, associates, duration and gaps. Agree the burn rule: if the subject spots you, break off and report rather than press on.

Conduct

Vary position and vehicle. Never park where you block the subject or draw complaint. Keep a log with 24-hour times, location, weather, light and visibility. Record the times the subject was out of sight, because a gap is evidence too.

Worked example

A claimant is suspected of working while collecting benefits. The plan sets three observation periods at 06:00 near the address. On day two the investigator records the claimant leaving in a van with a ladder rack, follows at a distance, and logs arrival at a commercial site at 07:12, where the claimant is seen carrying tools. When the claimant looks toward the vehicle, the investigator leaves and notes the burn. The report states times, distances and what was seen, with no conclusion about employment status - that inference belongs to the client and the tribunal.

Traps

Writing 'appeared to be working' instead of describing what was seen; omitting the out-of-sight gap; continuing after being spotted; trespassing for a better angle; and filming into windows or private interiors.