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New legislation for the province's private security industry will standardize the growing sector

For safety's sake

Ontario's private security industry quietly entered a new era Thursday when new legislation governing private security guards and investigators came into force.

P.J. HARSTON

[ 2007-08-26 ]

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Designed to better define the roles of a growing number of security personnel and ensure more strict standards of training, the new act overhauls rules that have been in place since 1966.

"We need to make sure that security personnel have the resources and training they need to help make communities safer," Monte Kwinter, community safety minister, said Thursday.

"The law sets out new and stricter standards to better protect the public while improving professionalism within this important industry."

About 30,000 security guards and private investigators are now licensed by the province, through their security agency, according to Chris Tait, vice-president of investigations and corporate security with G4S -- a global security company with about 480,000 security guards -- 2,000 in the GTA and 6,000 across Canada.

BOUNCERS

However, he says the industry estimates about 60,000 security guards are employed across the province because under the old legislation in-house security staff, including bouncers, didn't require licensing.

"I think this is a really good thing for the industry," said Tait. "There has to be consistency in how we do our jobs and that consistency must be held to a high standard."

The new legislation was prompted by the 1999 death of Patrick Shand at a Loblaws store in Scarborough and the recommendations of a coroner's jury that in 2004 looked into the 31-year-old drug-addicted shoplifter's death.

The jury ruled that Shand's death, after being restrained at the Agincourt Mall grocery store for allegedly trying to steal baby formula, was accidental.

Shand was held face down by two Loblaws employees and handcuffed from behind by a security guard. He later died.

The cause of death was found to be restraint asphyxia, with contributing factors that included heart trouble caused by Shand's cocaine use.

Chief among the jury's 22 recommendations was amending Ontario's Private Investigators and Security Guards Act to provide mandatory licensing for guards.

The new legislation, the Private Security and Investigative Services Act, requires all private security practitioners to be licensed, including in-house security staff, such as those working for retailers and bars who were previously exempt.

Those who aren't licensed have until Aug. 23, 2008, to obtain their licences. As well, businesses that employ in-house security staff must register with the ministry's Private Security and Investigative Services Branch by the same date.

PORTABLE

Another big change is that the licences will be portable, allowing individuals to change jobs within the industry without having to reapply for a licence.

Tait explained that under the old rules, security personnel were licensed by the province through their agency, so when they quit their job, they had to turn in their licence and reapply if they wanted to work for a different security company.

"It's a significant change that creates a bit of a headache for the agencies," he said. "I don't necessarily want my guard to leave and go work for a competitor, so that's something that we'll all have to work on -- perhaps some sort of non-compete agreement when guards are hired."

The new law also sets out training requirements and regulates the type of uniforms, equipment and vehicles that can be used by private security personnel, to reduce the possibility of confusing security guards with police services' members.

The new training and testing standards will come into force on Nov. 30, 2008, and will set out competencies and examinations for applicants and current licence holders.

Tait says the new training program, which will be unveiled this fall, may shake out a few guards that aren't up to the task, but it will also bring all guards up to speed on how to properly do their jobs.

"Right now there is no standard and some personnel either have a few hours of training, a few days of training or, in some cases, no training at all before they go out into the field," he said. "Even within agencies, one office in one city may have a certain level of training and at its office in another city, it's completely different.

Eventually, said Tait, he expects there will be two tiers of security guards -- highly trained personnel and the basic concierge-type personnel to reflect the differences in job requirements.

The new legislation was drawn up after extensive consultation with industry associations, firms employing security personnel and police services, Kwinter said, adding that an advisory group make up of industry representatives worked with the ministry to develop the regulations.

"We will continue to work with the security industry to implement changes in a fair and open way," he said. "These measures will increase the professionalism of the industry and reflect the growing role it plays in Ontario."

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QUICK FACTS

- the new legislation overhauls rules established in 1966

- licensing and training of security guards is now mandatory for all security personnel, including in-house security staff and bouncers

- businesses that employ in-house security staff now have to register with the Ministry of Community Safety

- new training and testing standards will be available this fall and will come into force on Nov. 30, 2008

- new standards have been established for uniforms, insignia and equipment that come into effect immediately, with mandatory compliance by Aug. 23, 2009

-- for more information go to www.ontario.ca/private-security on the Internet

The new basic training standard includes:

- knowledge of relevant legislation, such as the Private Security and Investigative Services Act, the Trespass to Property Act and relevant sections of the Criminal Code

- powers of arrest

- communications and public relations skills

- first aid and cardiopulmonary resuscitation (CPR)

- on-the-job skills such as report writing, note taking and diversity sensitivity

-- Ministry of Community Safety