Security Industry Compliance and Enforcement
Security Worker Licence Renewal Applicants: Due to delays in processing a large number of renewal applications, the Registrar of Security Services is temporarily extending, by two months, all valid one-year and two-year term security worker licences expiring between the months of October and December 2018 (inclusive).
As the maximum term for a security worker licence is three years, no further term extension is possible for renewal applicants holding a three-year licence. Pending renewal applications for holders of three-year security worker licences are being processed on a priority basis. All other applications will still be processed in date order received.
Inspectors monitor compliance through inspections and by investigating complaints. The Registrar may take action against a licensee if an inspector finds evidence that a security worker, business licensee, or a business’ controlling member:
- Contravened the Act, Regulations or Code of conduct, or
- Poses a risk to the public
In response to a contravention, the Registrar may:
- Make a verbal or written warning
- Issue a violation ticket
- Suspend or cancel a licence, or
- Impose and administrative penalty on a person
Under the Security Services Act inspectors can:
- Enter and inspect the premises, vehicles or vessels of a security business or of a security worker when used for security work
- Inquire into a security business, its affairs and conduct or the affairs and conduct of a security worker or controlling member
- Inspect, audit or examine records, goods or other things for the purposes of the inspection
- Demand documents or other things to be produced for inspection, and
- Copy or remove material collected during an inspection
No one must obstruct, impede or refuse to admit an inspector or a peace officer who is performing duties or exercising powers under the Security Services Act, the Security Services Regulation, or a warrant issued under the Act.
Violation Ticket and Fine Schedule
Violation tickets can be issued to a person who commits an offence under the Security Services Act. The Violation Ticket Administration and Fines Regulation under the Offence Act sets-out the fines which range from $50 for failing to report a change of address to $500 for operating a security business without a valid licence. An additional victim surcharge applies to all fines.
Check the Court Services website for information about disputing violation tickets.
Cancellations or Suspensions
The Registrar has the authority to cancel or suspend a licence and may take these actions for reasons that include the licensee’s:
- Failure to comply with the Act, Regulations, or licence conditions
- Conduct, mental health condition or character, and
- Criminal charge or conviction
The Registrar will hold a hearing before cancelling or suspending a licence. The licensee can make written submissions to the hearing. In certain cases, as agreed by the Registrar, the licensee may attend a hearing in-person, via teleconference or videoconference. The Registrar will provide the licensee with written reasons for a decision.
Under the Security Services Act, a licensee may request the Registrar to reconsider a decision to cancel or suspend a security licence.
Cancellations or Suspensions – to Protect the Public
To protect the public, the Registrar has the authority to cancel or suspend a licence without notice to the licensee.
Following the cancellation or suspension, the Registrar will notify the licensee of the reasons in writing. The licensee may send a written reply to the Registrar within 15 days of receiving the reasons. The Registrar will consider whether it is appropriate to confirm, reverse or vary the decision or to substitute a new decision.
The Registrar has the authority to impose an administrative penalty on a security worker or business that has contravened the Act, the Regulations or their licence conditions. Administrative penalties are monetary penalties that can range up to $5,000 for individuals and $50,000 for businesses.
As with general suspensions or cancellations, the licensee has the right to make submissions to the Registrar. Before imposing an administrative penalty on a person, the Registrar must consider a number of specific factors including:
- Whether there have been similar previous contraventions by the licensee
- The seriousness of the contravention
- Whether any harm to others resulted from the contravention, and
- Whether the contravention was deliberate
A person who has been charged with an offence under the Act may not be subject to an administrative penalty for the same offence. Similarly, no prosecution for an offence may be brought against a person on whom the Registrar has imposed an administrative penalty.