Compliance and enforcement policies

This web page presents the compliance and enforcement policies in their entirety. You can find what you need using the table of contents below, or use CTRL+F to search for keywords.

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Table of contents

• Background and Overview
• Purpose and Rationale
• Definitions
• 1.General
• 2.Inspections
• 3.Complaints
• 4.Investigations
• 5.Progressive Enforcement

 

Background and Overview

The Security Services team of the Security Programs Division (SPD) is responsible for regulating the security industry in B.C. The following statutes and regulations enable SPD’s work in this area:

• Armoured Vehicle and After-Market Compartment Control Act (AVAMCCA)
• Body Armour Control Act (BACA)
• Metal Dealers and Recyclers Act (MDRA)
• Pill Press and Related Equipment Control Act (PPRECA)
• Security Services Act (SSA)

Security Services also administers the Guide Dog and Service Dog Act (GDSDA), however, the compliance and enforcement framework of that program differs from the five listed above, and as a result, the policies for the GDSDA are out of scope for this document. 

This policy document is designed to encompass the five statutes listed above.

Through its regulatory mandate, SPD improves the public safety and security of B.C.’s citizens by ensuring that individuals and businesses within the regulated industries under its purview comply with governing statutes, regulations, and policy.

 

Purpose and Rationale

Within SPD, the Security Services team includes three units: the Licensing Unit, the Risk Assessment Unit, and the Compliance and Enforcement Unit.

These Compliance and Enforcement Policies provide a structured process for enforcement of the AVAMCCA, the BACA, the MDRA, the PPRECA, and the SSA. The Compliance and Enforcement Unit uses these Policies, along with the related Licensing Policies, Risk Assessment Policies, and the Security Services Decision Making Policy, where applicable, to fulfil SPD’s regulatory mandate under each of the foregoing public safety statutory programs. These Policies also guide the development of procedures and training material for the Security Services team.

Policies explain how SPD interprets its regulatory mandate, and they must align with the legislation, which is expressed in statutes and regulations. The purpose of these Policies is to explain how SPD handles compliance and enforcement under the AVAMCCA, BACA, MDRA, PPRECA, and SSA to ensure accessible, fair, consistent, and equitable service delivery in accordance with its mandate. SPD updates its policies when appropriate to better meet the needs of the people it serves.

Policy does not limit or fetter the Registrar’s and Deputy Registrar’s decision-making. Policy enhances consistency of decision-making and transparency of the decision-making process, but the Registrar and Deputy Registrar retain discretion and flexibility to ensure all parties are treated fairly based on the unique circumstances of their situation.

These Compliance and Enforcement Policies are divided into five sections: General (section 1), Inspections (section 2), Complaints (section 3), Investigations (section 4), and Progressive Enforcement (section 5).

 

Definitions

Administrative Penalty – An administrative enforcement tool that may be imposed by the Registrar for failing to comply with a prescribed provision of a statute or regulation, or a condition of a licence, permit, or registration, as applicable. Prescribed provisions are identified as such and are found in the regulation of the relevant enabling statute (see for example Section 17 of the Security Services Regulation). In the specific context of the BACA, the MDRA and the SSA, an Administrative Penalty is a Sanction that takes the form of a monetary penalty. Administrative penalties are not part of the Sanctions available to the Registrar under the AVAMCCA or the PPRECA.

Cancellation – The revocation of a licence, permit, or registration, as applicable.

Complaint­ ­– A documented report that a person or business has not complied with a statute or regulation administered by SPD, or a condition of a licence, permit, or registration, as applicable. Pursuant to policy 3.3, a Complaint may also entail a Complaint respecting services provided by Security Services, including the conduct of a Security Services employee.

Complainant – A person who submits a complaint to the Registrar regarding non-compliance with one of the statutes or regulations under Security Services’ purview, or non-compliance with a condition of a licence, permit, or registration, as applicable. Pursuant to policy 3.3., a Complainant may also refer to a person who files a Complaint to SPD regarding services provided by Security Services or the conduct of a Security Services employee.

Controlled Equipment – Under the Pill Press and Related Equipment Control Act and Regulation, Controlled Equipment includes the following:

• Pill Press (includes Tablet Press): A machine, whether semi-automatic, automated or capable of being automated, that may be used to compact or mould powdered, granular or semi-solid material to produce cohesive solid tablets
• Encapsulator (includes Gel Press): A machine, whether semi-automatic, automated or capable of being automated, that can be used to fill capsules with powdered, granular, semi-solid or liquid material
• Dies, moulds or punches ordinarily used with a Pill Press, or Encapsulator machine
• Pharmaceutical mixer or blender, except if the pharmaceutical mixer or blender is used to make tablets or capsules in the course of compounding a drug by a person authorized to do so under the Health Professions Act or the Pharmacy Operations and Drug Scheduling Act, or by an individual for personal use 

Deputy Registrar – A person appointed under Section 23(3) of the Interpretation Act to act on the Registrar’s behalf for specific statutes under SPD’s responsibility. The Deputy Registrar has all powers, functions, and duties that the Registrar has. Within the current structure of Security Services, the Manager(s) and Director are Deputy Registrars.

Inspection – A regulatory inspection is typically conducted for one or both of the following purposes: (i) monitoring compliance with a statute, a regulation or the conditions of a licence, permit, or registration, as applicable; (ii) assisting the Registrar in determining whether a contravention (of any of the foregoing) has occurred. At the outcome of a regulatory inspection, an individual or business found in non-compliance may be subject to enforcement action, which is typically applied by means of Progressive Enforcement.

Inspection Powers – What an Inspector may do for the purposes of an Inspection, as set out under each enabling statute referenced under these Policies (see for example Section 32 (1) of the SSA). Inspection powers include inquiring into any business, affairs or conduct of a person as well as questioning a person. As part of SPD’s operations, the specific powers of inquiry into conduct and questioning are typically exercised in the context of what SPD refers to as “Investigations” to assist the Registrar in making a decision. However, all five statutes referenced in these Policies use the single term “Inspection” as defined above to capture both processes that SPD has, over the years, delineated operationally as “inspections and “investigations”, respectively (see also policies [1.9 to 1.13] for operational distinctions in processes).

Inspector – A person appointed by the Registrar under, and with authorities set out in, the MDRA, the PPRECA, and the SSA. As the Registrar of Security Services is also the registrar for the AVAMCCA and the BACA, Inspectors under those Acts are appointed under the authority of the SSA. All five statutes referenced in these Policies use the term “Inspector”. As a result, individuals called “Compliance and Enforcement Investigators” in the Compliance and Enforcement Unit are captured by the term “Inspector” under the legislation referenced in these Policies.

Investigation – See also Inspection.

Opportunity to Respond – Also referred to as “Opportunity to be heard”, this is an opportunity given to the Subject of Complaint to review the information on an alleged contravention, typically set out in an investigative report, and to provide a response back to the Registrar before the Registrar makes their decision and proceeds with enforcement action, if any. An Opportunity to Respond must also be specifically offered to a Subject of Complaint found in contravention if the  enforcement action applied by the Registrar in response to the contravention is an Administrative Penalty.

Progressive Enforcement – An enforcement model that applies escalating options to address non-compliance. These options reflect the severity and frequency of the level of non-compliance, with a goal to promote compliant behaviour. Progressive enforcement mechanisms used by SPD include, but are not limited to, targeted inspections, verbal or written warnings, violation tickets, suspensions, cancellations, and administrative penalties.

Registrar - The Registrar of Security Services, appointed under Section 49 of the SSA. The Registrar is also the registrar for the AVAMCCA and the BACA. In addition, in the context of these Policies, the term “Registrar” applies to the individual appointed under Section 27 of the MDRA as the Registrar of Metal Dealers and Recyclers, and to the individual appointed as registrar under Section 13 of the PPRECA to administer that Act.

Sanction – A form of enforcement action in response to a contravention of legislation under Security Services’ purview, or a condition of a licence, permit, or registration, as applicable. A Sanction may typically include any of the following: (a) verbal warning (b) written warning (c) issuance of a violation ticket (d) imposition of conditions on a licence, permit or registration (e) imposition of an Administrative Penalty (f) Suspension of a licence, permit or registration (g) Cancellation of a licence, permit or registration, and/or (h) prosecution for an  offence. However, an Administrative Penalty and prosecution for an offence are mutually exclusive, such that only one or the other can be pursued in relation to the same incident (please refer to Section 35 of the SSA, Section of the 12 BACA, and Section 17 of the MDRA).

Subject of Complaint – An individual or business who has allegedly contravened one of the statutes under Security Services’ purview, whether the alleged contravention is the result of a Complaint from the public or of credible information brought to the attention of the Deputy Registrar. May also refer to an SPD employee in the context of a Complaint respecting services provided by Security Services.

Suspension – A temporary hold on a licence, permit, or registration, as applicable, for a period of time, or until an action is taken that satisfies the Registrar that the requirements of a licence, permit, or registration, as applicable, have been met. 

Violation Ticket – A Sanction with a fine and victim surcharge levy for contravention of a statute or regulation, as defined in the B.C. Offence Act. The Violation Ticket  Administration and Fines Regulation outlines the ticketed amount for each act of non-compliance under the relevant statute or regulation.

Warning Notice – A Sanction imposed verbally or in writing to educate the Subject of Complaint or the person or business undergoing an Inspection, and to inform them of potential Sanctions for future non-compliance.

1. General

1.1 SPD’s Compliance and Enforcement Unit strives to enhance public safety by encouraging compliance with the regulatory requirements it administers pursuant to the legislation under SPD’s purview.

1.2 The Compliance and Enforcement Unit seeks to achieve voluntary compliance through a variety of tools, including building relationships with industry and partners, providing education, and taking Progressive Enforcement action in response to acts of non-compliance.

1.3 If the Compliance and Enforcement Unit receives a request for accommodation in regard to any of its Compliance and Enforcement functions, it will review available options to avoid adverse or potentially discriminatory effects, and will make reasonable and practical attempts to remove barriers to their services to allow for full participation.

1.4 SPD aims for administrative fairness in all its functions. In accordance with general principles of administrative fairness, individuals who interact with SPD’s Compliance and Enforcement Unit can expect that:

• Their situation will be assessed and addressed without bias, based on its own unique circumstances, including the nature of potential contraventions and the compliance history of those involved
• The Compliance and Enforcement Unit team members will act fairly, transparently, and within the scope of their delegated powers
• The actions of Compliance and Enforcement Unit team members will be based on all available, relevant facts and will not be arbitrary
• In applicable enforcement circumstances, individuals will have the right to participate in a decision process that may adversely affect them, including the right to know the case against them, the right to be heard and present their own response, and the right to be notified of decisions and any additional rights they may have, such as reconsideration. 

1.5 In fulfilling its statutory duties, SPD’s Compliance and Enforcement Unit seeks to maintain positive, collaborative relationships with partners, including industry, police, local government, Indigenous Nations, and other regulatory agencies.

1.6 SPD’s Compliance and Enforcement Unit takes a risk-based approach to its work when determining how to manage workloads, prioritize Inspections, and address non-compliance. The Compliance and Enforcement Unit team prioritizes higher risk Inspections, focusing on non-compliance in the field. The team uses the Risk Assessment Matrix to guide their approach (see policy 1.7)

1.7 Risk Assessment Matrix

Compliance Considerations *Risk assessment matrix considers both compliance and inspector safety		Risk Level
Non- compliance recency	No prior or recent incident	1
	Somewhat recent	2
	Recent	3
Non- compliance frequency/pattern	Non-existent or infrequent	1
	Somewhat frequent	2
	Frequent	3
Non- compliance severity	Not severe/minor	1
	Moderately severe	2
	Severe	3
Location	Rural or isolated	3
Suitability	File has previously gone to Risk Assessment	3
Public safety risk	File poses increased potential risk to public safety	3

1.7.1 The Compliance and Enforcement Unit team calculates both personal safety risk and non-compliance risk based on the factors outlined in the matrix above.

1.8  SPD’s Compliance and Enforcement Investigators, hereafter referred to as Inspectors, may be delegated Special Provincial Constables and are appointed as Inspectors, with the authorities set out in:

• Sections 30, 31, 32 and 33(3) of the SSA
• Section 9(3) of the AVAMCCA (with “Inspector” having the same meaning as in the SSA)
• Sections 11 and 12 of the BACA (with “Inspector” having the same meaning as in the SSA)
• Sections 13,14, 15 and 16 (3) of the MDRA, and
• Sections 16, 17,18, 20 (1) and (2) of the PPRECA

1.9  Although the five statutes under SPD’s purview exclusively refer to the term “Inspection”, within SPD, Inspectors conduct both inspections and investigations. This operational distinction between inspections and investigations is consistent with the definition of “Inspection” above, which comprises both inspection and investigative functions. The delegated authorities set out in policy 1.8 apply to both inspection and investigative functions.

1.10 The purpose of what SPD operationally refers to as an “inspection” is to verify compliance with SPD’s regulatory requirements (section 2 of the Compliance and Enforcement Policies).

1.11 The purpose of what SPD operationally refers to as an “investigation” (though captured as an Inspection in the legislation) is to gather evidence in cases of suspected non-compliance to assist the Deputy Registrar in determining whether a contravention occurred, and if so, what the appropriate enforcement response is. An “investigation” can evolve from an “inspection” (see policy 1.13). It can also be initiated upon receipt of a valid Complaint alleging non-compliance, or at the direction of the Deputy Registrar as a result of credible information pointing to non-compliance (section 4.2 of the Compliance and Enforcement Policies).

1.12 Depending on the circumstances, inspections and investigations may be conducted in person or virtually. They may be carried out overtly (meaning the Inspector identifies themselves as such), covertly (meaning the Inspector does not identify themselves as such), or combine both methods.

1.13 A transition from an inspection to an investigation takes place when significant non-compliance is detected during an inspection, and the Inspector’s purpose shifts from verifying compliance in the field to collecting information and evidence that may be required to support enforcement action. In most cases, initiating an investigation requires Deputy Registrar’s approval.

1.14 SPD prioritizes Inspector safety. Inspectors must place their own safety above the requirements of their job and are not expected to enter or remain in a situation if they have safety concerns. Inspectors will prepare a written Inspection Plan for any situation with heightened safety concerns.

1.15 Licensees under the SSA, permit holders under the BACA and the AVAMCCA, registrants under the MDRA and holders of registrations or waivers under the PPRECA must cooperate with Inspectors. They are responsible for understanding and complying with the requirements of their related statutes; SPD’s policies; and the terms and conditions of their licence, permit, or registration, as applicable.

Failure to cooperate may result in the Inspector forwarding their file to the Deputy Registrar to consider Sanctions, up to and including Suspension or Cancellation of their licence, permit, or registration, as applicable. In addition, each of the five statutes under SPD’s purview makes it an offence for a person to obstruct, impede (willfully interfere with) or refuse to admit an Inspector or a peace officer who is performing duties or exercising powers under the statute in question, or a warrant issued under the statute in question.

2. Inspections

2.1 Armoured Vehicle and After-Market Compartment Control Act and Body Armour Control Act Inspections

2.1.1 AVAMCCA Inspections determine whether a person operating an armoured vehicle has a permit or is exempt from the requirement to hold a permit under the AVAMCCA, and whether they are compliant with the AVAMCCA, its regulation or the terms and conditions of their permit.

2.1.2 BACA Inspections determine whether a person with body armour has a permit or is exempt from the requirement to hold a permit under the BACA, and whether they are compliant with the BACA, its regulation, or the terms and conditions of their permit. (Note: As “security work” under the SSA is defined to include the work of a “body armour salesperson”, Inspections pertaining to body armour sales are captured under Policies 2.5 to 2.7 below (SSA Standard, Audit and Field Inspections)).

2.1.3 In conducting BACA Inspections, Inspectors are explicitly given the Inspection Powers outlined in Section 32 of the SSA (see Section 12(1) of the BACA). The AVAMCCA does not contain an equivalent provision but does refer to an “inspector” within the meaning of the SSA in the limited context of a summary action to protect the public. In an abundance of caution, and to ensure access to an optimal range of inspection powers, AVAMCCA Inspections should be conducted by an Inspector with peace officer status (e.g. a Special Provincial Constable).

2.1.4 AVAMCCA and BACA Inspections may be overt or covert.

2.1.5 Due to the possible safety risks related to AVAMCCA and BACA Inspections, Inspectors must have a written Inspection Plan approved by the Compliance and Enforcement Manager prior to conducting all AVAMCCA and BACA Inspections.

2.1.6 Whether covert or overt, AVAMCCA and BACA Inspections must not be used to enter a private dwelling except with the consent of the occupant or under the authority of a warrant.

2.1.7 The Inspector, on request of a person whose premises the Inspector enters, must produce identification provided by the minister for this purpose.

2.2 Metal Dealers and Recyclers Act Inspections

2.2.1 MDRA Inspections determine whether a person is compliant with the MDRA, its regulation or the terms and conditions of the person’s registration. These Inspections may be scheduled standard inspections, or they may be part of an Inspector’s patrol of their region to monitor for ongoing compliance in the field. 

2.2.2 Inspectors will make reasonable efforts to conduct an MDRA Inspection of newly registered metal dealer and recyclers within 30 business days of the date of their registration.

2.2.3 The frequency of standard MDRA Inspections of registered metal dealers and recyclers is based on several factors, including, but not limited to:

• The perceived risk level relating to the business being non-compliant
• The Compliance and Enforcement Unit’s available resources
• The Compliance and Enforcement Unit’s other priority files

2.2.4 Inspectors can conduct aspects of MDRA Inspections overtly or covertly.

2.2.5 Inspectors must have a written Inspection Plan approved by the Compliance and Enforcement Manager prior to conducting covert MDRA Inspections.

2.2.6 Whether covert or overt, MDRA Inspections must not be used to enter a private dwelling except with the consent of the occupant or under the authority of a warrant.

2.2.7 The Inspector, on request of a person whose premises the Inspector enters, must produce identification provided by the minister for this purpose.

2.3  Pill Press and Related Equipment Control Act Inspections

2.3.1 Inspectors conduct PPRECA Inspections to monitor compliance with the PPRECA, its regulation, or the condition of their waiver or registration, if any. They also may conduct Inspections to (i) seek information required by the Registrar to administer the Act, or (ii) provide information to the Registrar for the purpose of making decisions under the Act.

2.3.2 Inspectors will make reasonable efforts to conduct PPRECA Inspections of new waiver or registration holders within 30 business days of the date of the waiver or registration.

2.3.3 The frequency of PPRECA Inspections is based on several factors, including, but not limited to:

• The perceived risk level relating to the waiver or registration holder being non-compliant
• The Compliance and Enforcement Unit’s available resources
• The Compliance and Enforcement Unit’s other priority files

2.3.4 Due to the possible safety risks related to PPRECA Inspections, PPRECA Inspections must be overt, not covert.

2.3.5 PPRECA Inspections deemed high risk require a written Inspection Plan approved by the Compliance and   Enforcement Manager prior to the Inspection occurring.

2.3.6 PPRECA Inspections must not be used to enter a private dwelling except with the consent of the occupant or under the authority of a warrant.

2.3.7 The Inspector, on request of a person whose vehicle, place or premises an Inspector enters, must produce identification provided by the minister for this purpose.

 

2.4 Security Services Act Pre-Licensing Business Inspection

2.4.1 Prior to Security Services issuing a Security Business Licence in any category, applicants for a new Security Business Licence must pass a pre-licensing business Inspection. This Inspection occurs after the applicant’s file, including related documentation, has been approved by SPD’s Licensing Unit, and further processed by the Risk Assessment Unit, as may be required.

2.4.2 The purposes of the pre-licensing business Inspection include, but are not limited to:

• Ensuring the business is compliant with the SSA, its regulation, and the Policies, and aware of its responsibilities as a licenced security business
• Confirming the information provided by the business throughout the licensing process is correct and true, and that the business meets the conditions, qualifications and requirements for a licence imposed by the SSA and its regulation (see Section 12(3) of the SSA)
• Verifying uniforms, advertisements, and vehicles meet statutory requirements. If the business has no current uniforms, advertisements, or vehicles, ensuring the business understands those require Deputy Registrar approval prior to securing them
• Introducing the new business to a local Inspector and setting expectations for future interactions

2.4.3 The assigned Inspector will make reasonable efforts to contact the Security Business Licence applicant within five business days of receiving the file.

2.4.4 The assigned Inspector will make reasonable efforts to complete the pre-licensing business Inspection within 30 business days of receiving the file.

2.4.5 Applicants will be provided at least one opportunity and 10 business days to correct any issues found in the pre-licensing business Inspection.

2.4.6 Applicants that pass the pre-licensing business Inspection will have their Security Business Licence issued.

2.4.7 Inspectors will forward the files of applicants that do not pass the pre-licensing business Inspection to the Deputy Registrar for consideration of whether to refuse the Security Business Licence application under Section 15 of the SSA.

2.4.8 Applicants renewing an existing Security Business Licence will not be required to complete a pre-licensing business Inspection unless their Security Business Licence has expired.

2.5 Security Services Act Standard Inspection

2.5.1 An SSA standard Inspection involves a scheduled Inspection of a licenced security business to check whether that business is in compliance with the SSA, its regulation, and the relevant SPD policies.

2.5.2 The frequency of standard Inspections is based on several factors, including, but not limited to:

• The perceived risk level relating to the business being non-compliant
• The Compliance and Enforcement Unit’s available resources
• The Compliance and Enforcement Unit’s other priority files

2.5.3 Inspectors can conduct aspects of standard Inspections overtly or covertly.

2.5.4 Inspectors must have a written Inspection Plan approved by the Compliance and Enforcement Manager prior to conducting covert standard Inspections.

2.5.5 Whether covert or overt, standard Inspections must not be used to enter a private dwelling except with the consent of the occupant or under the authority of a warrant.

2.5.6 The Inspector, on request of a person whose premises the Inspector enters, must produce identification provided by the minister for this purpose.

2.6 Security Services Act Audit Inspection

2.6.1 An SSA audit Inspection is a thorough, in-depth review of a licenced security business outside of the standard Inspection parameters and typical timelines, and may include a review of the business’s records, employees, and contracts, to determine compliance with the SSA.

2.6.2 The Deputy Registrar may authorize the Compliance and Enforcement Unit to conduct an audit Inspection of a licenced security business based on credible information that the business may not be compliant with the SSA, its regulation, or conditions of their licence.

2.6.3 Inspectors will identify themselves for the purpose of an audit Inspection (as opposed to covert Inspections) and will schedule the Inspection in advance with the licenced business who is the subject of the Inspection.

2.6.4 Inspectors should conduct audit Inspections in person if feasible.

2.7 Security Services Act Field Inspection

2.7.1 Inspectors monitor their assigned regions for compliance as a part of their regular duties. Inspectors conduct field Inspections of security businesses and workers they locate while monitoring and patrolling their region.

2.7.2 Field Inspections take multiple forms, including:

• Foot patrols of high population areas
• Car patrols of rural areas
• Joint patrols with partner agencies
• Inspections of events, such as concerts or festivals
• Inspections of business or organizations with in-house security
• Site Inspections of locations that contract security, such as shopping malls

2.7.3 Inspectors can conduct aspects of field Inspections overtly or covertly.

2.7.4 Inspectors must have a written Inspection Plan approved by the Compliance and Enforcement Manager prior to conducting covert field Inspections.

2.7.5 Whether covert or overt, SSA field Inspections must not be used to enter a private dwelling except with the consent of the occupant or under the authority of a warrant.

2.7.6 The Inspector, on request of a person whose premises the Inspector enters, must produce identification provided by the minister for this purpose.

3. Complaints

3.1 Armoured Vehicle and After-Market Compartment Control Act, Body Armour Control Act, Metal Dealers and Recyclers Act, Pill Press and Related Equipment Control Act, and Security Services Act Complaints

3.1.1 This section of policy refers to Complaints made regarding matters related to the AVAMCCA, the BACA, the MDRA, the PPRECA, and the SSA. The BACA and the SSA require the Registrar to deal with complaints from the public respecting matters that relate to either of those Acts, in accordance with a process established by the Minister. To date, that process has been housed in the Complaints Process Policy.

At the time the PPRECA came into force, a similar process (though not mandated by statute) was included in the Pill Press Policies to deal with complaints under that Act. Section 3 (Complaints) of these Compliance and Enforcement Policies overrides and replaces the former Complaints Process

Policy, as well as section 9 of the Pill Press Policies (reconsiderations and complaints). The policies set out below establish a complaints process policy for all of the AVAMCCA, the BACA, the MDRA, the PPRECA, and the SSA.

3.1.2 The Compliance and Enforcement Unit facilitates the submission of Complaints by providing information and support for the complaints process online, and to members of the public who contact SPD with a potential complaint.

3.1.3 A person may make a Complaint to the Registrar on any matter related to the AVAMCCA, the BACA, the MDRA, the PPRECA, and the SSA. Whenever possible, the Complaint should be in writing and submitted online on the SPD Security Services Complaint Form. Complaints regarding the PPRECA should be submitted by email to PillPressComplaints@gov.bc.ca on the SPD Pill Press Complaint Form and follow the instructions online.

3.1.4 To be considered by the Registrar, a Complaint must:

• Identify the Complainant;
• Provide the Complainant’s contact information;
• Provide the contact information of the person who submitted the Complaint, if the Complaint was submitted on behalf of the Complainant;
• Include the facts of the incident to which the Complaint refers, including the date and location of the incident;
• Identify the Subject of Complaint, if possible; and
• Be signed and dated by the Complainant (either physically or digitally).

Anonymous Complaints will not be considered. SPD requires the disclosure of the Complainant’s identity to prevent vexatious, repetitive, or frivolous Complaints. All identifying information collected in relation to Complaints is kept confidential and is subject to the Freedom of Information and Protection of Privacy Act.

3.1.5 Within 30 days of receiving the Complaint, or as soon as possible afterwards, the Registrar will review the matter to determine the appropriate response.

3.1.6 If the Registrar decides to investigate the Complaint, the Registrar will notify the Complainant in writing within 14 days of their decision, or as soon as possible afterwards.

3.1.7 If the Registrar refuses to investigate the Complaint, the Registrar will notify the Complainant in writing within 14 days of their decision, or as soon as possible afterwards. The Registrar’s letter will explain why the Complaint was not accepted for investigation, and will outline how the Complainant may request a review of that decision. The Registrar may also indicate in their letter any other recourse that may be available to the Complainant.

For Complaints filed under the SSA, the grounds under which the Registrar may refuse to investigate a Complaint, or stop investigating a Complaint, are legislatively mandated. Pursuant to Section 34(2) of the SSA, the Registrar may refuse to investigate (or stop investigating) a Complaint if, in their opinion, any of the following applies:

• More than one year has elapsed between the date the Complainant knew of the facts on which the Complaint is based and the date the Registrar receives the Complaint;
• There is a remedy available in law that is adequate for the Complainant and there is no reasonable justification for the Complainant's failure to take advantage of the remedy;
• The Complaint is frivolous, vexatious or not made in good faith;
• Further investigation is not necessary in order to consider the Complaint; or
• Investigation would not benefit the Complainant.

In the interest of consistency among all relevant SPD program areas, for the purposes of these policies, the same grounds for refusing to investigate (or stop investigating) a Complaint apply in respect of Complaints filed under any of the AVAMCCA, the BACA, the MDRA, and the PPRECA.

3.1.8 Within 30 days of receipt of a letter from the Registrar notifying the Complainant that a Complaint was not accepted for investigation, the Complainant may request the Registrar to review their decision. This request must be in writing and must state the reason(s) why the decision not to investigate should be reviewed (for example, if there is new information to consider that was not previously submitted).

3.1.9 If the Registrar receives a request for review of their decision not to investigate after more than 30 days, the Registrar may consider the request if the Registrar is satisfied that special circumstances precluded the Complainant from filing the request within 30 days, and refusing the request would result in injustice.

3.1.10 Within 30 days of receiving a request for review of their decision not to investigate, or as soon as possible afterwards, the Registrar will inform the Complainant in writing whether the Registrar’s initial decision stands, or whether the Complaint has been accepted for investigation.

The reasons the Registrar might change their initial decision include, but are not limited to:

• When the nature of the Complaint was misunderstood
• When information becomes available that was not available at the time the Complaint was first considered for investigation

3.1.11 Inspectors conduct Complaint investigations in accordance with Compliance and Enforcement Policy 4: Investigations. An investigation will determine whether the conduct that formed the basis of the Complaint was a contravention of the AVAMCCA, the BACA, the MDRA, the PPRECA or the SSA, their respective regulations, or a condition of a licence, permit, waiver or registration, as applicable.

3.1.12 In the event of a contravention, the Registrar will decide whether to proceed with a Sanction, and if so, determine the appropriate Sanction in accordance with section 5 of these Policies, and the Security Services Decision Making Policy. At the conclusion of an investigation that entails a Sanction, the Registrar will notify the Subject of Complaint of the outcome of the investigation in writing, including any additional recourse they may have, as applicable.

3.1.13 At the conclusion of an investigation, the Compliance and Enforcement Unit or the Registrar, as applicable, will inform the Complainant of the outcome of the investigation in writing.

3.1.14 During an investigation, the Compliance and Enforcement Unit or the Registrar, as applicable, will respond to a Complainant who inquires as to the status of the investigation initiated as a result of their Complaint. Updates will be provided in writing, and typically need only be succinct, notifying the Complainant that the investigation is still underway. Complaints of a sensitive nature (for example, alleged use of force against a Complainant who is also the alleged victim) may require increased communications with the Complainant, as the Compliance and Enforcement Unit or the Registrar, as applicable, may determine based on the situation before them at the time.

3.2 Complaints About Security Services

3.2.1 This section of policy refers to Complaints made regarding services provided by SPD Security Services. These may include Complaints about the conduct of Security Services employees. Complaints about the Registrar’s decisions are outside of the scope of this policy and will be directed to the appropriate review process.

3.2.2 Complaints provide an opportunity to learn how SPD’s Security Services team can better serve the public. Security Services seeks to continuously improve our programs, policies, and processes, and to amend what may not work optimally or requires adjustments.

3.2.3 SPD encourages people with concerns about services to try to resolve them directly with the person who is the Subject of Complaint, or that person’s supervisor.

3.2.4 If a concern cannot be resolved according to policy 3.2.3, or a person chooses not to resolve the concern directly with the Subject of Complaint or their supervisor, a person may make a service Complaint regarding Security Services in writing, submitted by email to the following email address: SPDCompliance@gov.bc.ca.

3.2.5 To be addressed, service Complaints should include:

• The Complainant’s name and contact information,
• The name of the Subject of Complaint, if known, and,
• Details about the incident to which the Complaint refers, including the date, time, and location of the incident.

Anonymous Complaints will not be considered. SPD requires the disclosure of the Complainant’s identity to prevent vexatious, repetitive, or frivolous Complaints. All identifying information collected is kept confidential and is subject to the Freedom of Information and Protection of Privacy Act.

3.2.6 Complaints about SPD Special Provincial Constables regarding actions taken by those employees while engaged in their constabulary duties will be addressed following the Special Provincial Constable Complaints and Discipline Regulation (https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/25_206_98).

3.2.7 A Manager who does not directly supervise the Subject of Complaint’s team will be assigned to review the service Complaint at issue. The Manager will respond to the Complaint in writing, outlining the steps taken to review the Complaint, the outcome, and potential next steps. The Manager will also notify the involved employee of the Complaint.

3.2.8 Allegations of serious misconduct that may result in discipline for the involved employee will follow BC Public Service requirements and policies.

3.2.9 The assigned Manager will notify the Complainant and the Subject of Complaint when the matter has been concluded, and will provide the Complainant with the contact information for the BC Ombudsperson for further concerns (https://bcombudsperson.ca/complaints/).

4. Investigations

4.1 The Compliance and Enforcement Unit conducts investigations into alleged contraventions of the AVAMCCA, the BACA, the MDRA, the PPRECA, and the SSA.

4.2 Investigations (referred to as “Inspections” under each of the statutes above) may be the result of a Complaint that the Registrar has accepted (section 3 of the Compliance and Enforcement Policies). As noted above, (see policy 1.11), investigations may also be initiated at the direction of the Deputy Registrar as a result of credible information pointing to non-compliance with the statutes under SPD’s purview and their regulations, or the conditions of a licence, permit, or registration issued under those statutes, as applicable.

4.3 The Compliance and Enforcement Unit prioritizes investigations that present potential risks to public safety. Available team resources and other priority files may also impact the prioritization of individual investigations.

4.4 Most investigations will include:

• The Inspector attempting to obtain the Complainant’s, the subject of Complaint’s and related parties versions of events,
• The Inspector gathering additional relevant information (such as police reports, camera footage, or incident reports), and,
• The Inspector preparing a written Investigative Report setting out the facts
• to assist the Deputy Registrar’s decision as to whether a contravention occurred.

4.5 Inspectors may conduct aspects of their investigations overtly or covertly.

4.6 Inspectors must have a written Investigation Plan approved by the Compliance and Enforcement Manager prior to conducting a covert investigation, which must include a safety plan and the rationale for using covert instead of overt investigative techniques.

4.7 Whether covert or overt, investigations must not be used to enter a private dwelling except with the consent of the occupant or under the authority of a warrant.

4.8 The Inspector, on request of a person whose premises the Inspector enters, must produce identification provided by the minister for this purpose.

4.9 Due to the possible safety risks related to AVAMCCA, BACA, and PPRECA investigations, all AVAMCCA, BACA, and PPRECA investigations must have a written Investigation Plan approved by the Compliance and Enforcement Manager prior to the Inspector conducting the investigation.

4.10 If in the conduct of an investigation, the assigned Inspector uncovers information that may significantly change the scope of the investigation, the matter will be forwarded to the Deputy Registrar for direction.

4.11 Inspectors forward completed Investigative Reports to the Deputy Registrar for their decision and determination of next steps in accordance with section 5 of these Policies, and the Security Services Decision Making Policy.

5. Progressive Enforcement

5.1 General

5.1.1 This policy section relates to Progressive Enforcement measures, including Sanctions, taken by the Compliance and Enforcement Unit, the Deputy Registrar, or the Registrar, as applicable, while addressing statutory non-compliance with the AVAMCCA, the BACA, the MDRA, the PPRECA, and the SSA.

5.1.2 Inspectors have the delegated authority to issue Warning Notices and Violation Tickets for non-compliance identified in the course of their duties.

5.1.3 The Security Services Decision Making Policy outlines Deputy Registrar and Registrar authorities, which include, but are not limited to:

• Issuing Warning Notices,
• Imposing an Administrative Penalty,
• Temporarily suspending a licence, permit, or registration, as applicable, and,
• Cancelling a licence, permit or registration, as applicable

5.1.4 When addressing instances of non-compliance within the scope of policy 5.1.2, Inspectors assess the potential risk presented by the non-compliance using the Risk Assessment Matrix (policy 1.7).

5.1.5 More than one Sanction can typically be applied for a specific contravention (e.g., a Violation Ticket and a Suspension could be applied concurrently in response to the same incident). However, see the definition of Sanction and policy 5.2.7 regarding an Administrative Penalty and prosecution for an offence, which are mutually exclusive and cannot be resorted to together in relation to the same incident.

5.1.6 Subject to the Freedom of Information and Protection of Privacy Act, as applicable, all Suspensions or Cancellations of a licence, permit, or registration may be published on the Security Services Website, in the Registrar’s sole discretion.

5.1.7 In addition to policy 5.1.6, for business licence, permit or registration holders, where the circumstances relating to a Suspension or Cancellation decision denote significant public safety concerns or continuous misconduct, the Registrar may also proactively disclose those circumstances directly to one or more key industry clients, in the Registrar’s sole discretion. Any proactive disclosure of circumstances related to a Suspension or Cancellation of an individual’s licence, permit or registration involving significant public safety concerns or continuous misconduct will only be made in accordance with the Freedom of Information and Protection of Privacy Act, as applicable.

5.1.8 Any notices, requests, letters, or written reasons related to enforcement action measures may be sent and deemed to be received as follows:

• Mail: On the 5th day after the document was mailed or the next day that is not a Saturday or a holiday,
• Electronic transmission, including facsimile or electronic mail: On the day the document was sent or the next day that is not a Saturday or a holiday, or,
• Personal delivery: On the day the document was delivered.

5.1.9 Should the Registrar serve a document multiple times, whether by different methods of delivery or the same method of delivery, the document is deemed to have been received on the deemed receipt date that occurs last.

5.1.10 The Registrar may waive the deemed receipt date and accept a later date if the recipient received the document on a later date due to circumstances beyond the recipient's control, such as an accident or illness.

5.1.11 The Registrar may discontinue an enforcement action process under certain circumstances, for example, if further information indicates that evidence fundamental to the enforcement decision was incorrect, insufficient, or unobtainable.

5.1.12 An enforcement action process will not be discontinued solely because the business or individual that is the subject of the process no longer holds a licence, permit, or registration, as applicable.

5.2 Administrative Penalty

5.2.1 As a type of Sanction, an Administrative Penalty is not available as a matter of course for all contraventions under a given statute or regulation. Under the BACA, the MDRA, and the SSA, the Registrar may impose an Administrative Penalty on individuals or businesses for contraventions of prescribed provisions of these statutes, or their respective regulations, or for contraventions of a condition of a licence, permit or registration, as applicable. Prescribed provisions are identified as such and can be found in the regulation of the relevant enabling statute. Administrative Penalties are not part of the Sanctions available to the Registrar under the AVAMCCA or the PPRECA.

5.2.2 Under the BACA, the MDRA, and the SSA, Administrative Penalties imposed on individuals may not be more than $5,000, and on businesses, not more than $50,000. If a business entity is found in contravention, an employee, officer, director or agent of the business entity who authorized, permitted or acquiesced in the contravention is also liable, whether or not an Administrative Penalty is imposed on the business entity.

5.2.3 If the Registrar finds that an individual or business has contravened a prescribed provision of the BACA, the MDRA, the SSA, their respective regulations, or a condition of a licence, permit or registration, as applicable, and is considering imposing a Sanction in the form of an Administrative Penalty, the Registrar must give the person an opportunity to be heard. The Registrar will inform the individual or business in writing by way of Notice of Intent to Impose an Administrative Penalty. The Notice will provide the person with an Opportunity to Respond, in which they may submit a written response regarding the contravention and potential Penalty within 14 calendar days from the deemed receipt date of the Notice.

5.2.4 The Registrar will consider the individual or business’s response, as well as the sum of the file material, in arriving at their decision, in accordance with the BACA, the MDRA, and the SSA, as applicable, and the Security Services Decision Making Policy.

5.2.5 The Registrar must ultimately determine whether to impose an Administrative Penalty and if so, its amount, based on the considerations outlined in Section 17(2) of the MDRA and Section 35(2) of the SSA, as applicable. Section 12(4) of the BACA incorporates the enforcement provisions of the SSA in respect of Administrative Penalties and as a result, the same considerations outlined in the SSA apply under the BACA.

5.2.6 If the Registrar decides to impose an Administrative Penalty, the Registrar will inform the individual or business of that decision in writing by providing a Notice of Administrative Penalty, which will specify:

• The contravention,
• The reasons for the decision,
• The amount of the penalty,
• The date by which the penalty must be paid, and,
• How to request a reconsideration of the Registrar’s decision.

5.2.7 If the Registrar imposes an Administrative Penalty on a person, a prosecution for an offence under the relevant statute may not be brought against the person for the same contravention. Similarly, a person who has been charged with an offence under a statute may not be subject to an Administrative Penalty in respect of the same circumstances that gave rise to the charge under that statute (see for example Section 35 (3) and (4) of the SSA).

5.2.8 Subject to a request for reconsideration, Administrative Penalties must be paid within 30 days after the deemed receipt date of the Notice of Administrative Penalty (see Section 38 of the SSA).

5.2.9 Should the Administrative Penalty remain unpaid by the due date, in addition to a Suspension or Cancellation of a licence, permit, or registration as a Sanction available to the Registrar for contravening a provision of a statute (e.g. failure to pay an Administrative Penalty pursuant to Section 38 SSA), the Registrar may also:

• File a certified copy of the Notice of Administrative Penalty to the Supreme Court or Provincial Court. Upon filing, the notice will have the same force and effect as a judgement of the court, and
• Add interest to the amount owed, pursuant to Section 20 of the Financial Administration Act, at a rate calculated in accordance with Section 4 of the Interest on Overdue Accounts Receivable Regulation.

5.3 Suspension

5.3.1 The Registrar may suspend an individual or business’s licence, permit, or registration, as applicable, under the AVAMCCA, the BACA, the MDRA, the PPRECA, and the SSA.

5.3.2 Compared to a Cancellation, a Suspension applies for a set period of time, or until the Registrar is satisfied the individual or business has remedied the circumstances that led to the Suspension.

5.3.3 Under Section 29 of the SSA, Section 9 of the AVAMCCA, and Section 10 of the BACA, if the Registrar considers it necessary to protect the public, the Registrar may, immediately and without notice, suspend a licence or permit for a period of time. The Registrar must provide written reasons as soon as practicable after suspending a licence or permit under this section.

5.3.4 Under Section 12(2)(b) of the MDRA, the Registrar may suspend a registration for a period of time and subject to conditions the Registrar considers necessary if the Registrar is satisfied that a registrant has contravened a provision of the MDRA or its regulation, or a term or condition of the registration.

5.3.5 Under Section 10 the PPRECA, the Registrar may suspend a registration or waiver if the Registrar is satisfied that the registration or waiver holder no longer meets the applicable conditions to have been initially granted the waiver or the registration.

5.3.6 Under all other circumstances where the Registrar is considering a Suspension outside of policies 5.3.3, 5.3.4 and 5.3.5, the impacted individual or business will be informed in writing of the potential Suspension, and will be provided with an Opportunity to Respond, in which they may submit a written response regarding the contravention and potential Suspension.

5.3.7 The Registrar will consider the individual or business’s response, as well as the sum of the file material, in arriving at their decision, in accordance with the relevant statute and the Security Services Decision Making Policy.

5.3.8 If the Registrar decides to issue a Suspension, the Registrar will inform the individual or business of that decision in writing by providing a Notice of Suspension, which will include:

• The contravention,
• The reason(s) for the decision, and,
• How to request a reconsideration of the Registrar’s decision.

5.3.9 The suspended individual or business must immediately return their physical licence, permit, or registration to the Registrar.

5.4 Cancellation

5.4.1 The Registrar may cancel an individual or business’s licence, permit, or registration, as applicable, under the AVAMCCA, the BACA, the MDRA, the PPRECA, and the SSA.

5.4.2 As opposed to Suspensions, Cancellations are final. Individuals or businesses whose licence, permit, or registration has been cancelled will have to re-apply to Security Services for a new licence, permit, or registration, as applicable.

5.4.3 Under Section 29 of the SSA, Section 9 of the AVAMCCA, and Section 10 of the BACA, if the Registrar considers it necessary to protect the public, the Registrar may, immediately and without notice, cancel a licence or permit. The Registrar must provide written reasons as soon as practicable after cancelling a licence or permit under this section.

5.4.4 Under Section 2(2)(a) of the MDRA, the Registrar may cancel a registration if the Registrar is satisfied that a registrant has contravened a provision of the MDRA or its regulation, or a term or condition of the registration.

5.4.5 Under Section 10 of the PPRECA, the Registrar may cancel a registration or waiver at any time if the Registrar is satisfied that the registration or waiver holder no longer meets the applicable conditions to have been initially granted the waiver or registration.

5.4.6 Under all other circumstances where the Registrar is considering a Cancellation outside of policy 5.4.3, 5.4.4 and 5.4.5, the impacted individual or business will be informed in writing of the potential Cancellation, and will be provided with an Opportunity to Respond, in which they may submit a written response regarding the contravention and potential Cancellation.

5.4.7 The Registrar will consider the individual or business’s response, as well as the sum of the file material, in arriving at their decision, in accordance with the relevant statute and the Security Services Decision Making Policy.

5.4.8 If the Registrar decides to issue a Cancellation, the Registrar will inform the individual or business of that decision in writing by providing a Notice of Cancellation, which will include:

• The contravention,
• The reason(s) for the decision, and,
• How to request a reconsideration of the Registrar’s decision.

5.4.9 The individual or business whose licence, permit or registration has been cancelled must immediately return their physical licence, permit, or registration, as applicable, to the Registrar.