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Ontario Regulation 363/07: CODE OF CONDUCT: Explained

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Ontario Regulation 363/07: CODE OF CONDUCT: Explained

 

Welcome to our blog series dedicated to exploring the intricacies of the Private Security and Investigative Services Act, 2005 (PSISA), specifically focusing on Ontario Regulation 363/07 – the Code of Conduct. In the security and investigative services industry, adherence to regulatory frameworks is paramount to ensuring professionalism, integrity, and accountability. Throughout this series, we will delve into the provisions of the PSISA and dissect the Code of Conduct, shedding light on its significance for individual licensees and licensed business entities operating within Ontario. Join us as we navigate through the legal landscape governing this vital sector and uncover the ethical standards and responsibilities that underpin its operations.

The Code of Conduct:

“Private Security and Investigative Services Act, 2005

ONTARIO REGULATION 363/07

CODE OF CONDUCT

Breach of code of conduct

A licensee is in breach of the code of conduct if the licensee contravenes or fails to comply with this Regulation. O. Reg. 363/07, s. 1.

Individual licensees

(1) Every individual licensee, while working as a private investigator or security guard, shall,

(a) act with honesty and integrity;

(b) respect and use all property and equipment in accordance with the conditions of his or her licence;

(c) comply with all federal, provincial and municipal laws;

(d) treat all persons equally, without discrimination based on a person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability;

(e) refrain from using profane, abusive or insulting language or actions or actions that are otherwise uncivil to any member of the public;

(f) refrain from exercising unnecessary force;

(g) refrain from behaviour that is either prohibited or not authorized by law;

(h) respect the privacy of others by treating all information received while working as a private investigator or security guard as confidential, except where disclosure is required as part of such work or by law; and

(i) co-operate with police where it is required by law. O. Reg. 363/07, s. 2 (1).

(2) No individual licensee shall,

(2)(a) be unfit for duty, while working, through consumption of alcohol or drugs;

(b) conspire with another person or aid or abet another licensee in a breach of this code of conduct;

(c) wilfully or negligently make a false statement or complaint against another licensee; or

(d) misrepresent to any person the type, class or conditions of his or her licence. O. Reg. 363/07, s. 2 (2).

(3) Clause (2) (d) does not apply to an individual licensee who is concealing his or her identity as a private investigator or security guard in order to carry out his or her duties. O. Reg. 363/07, s. 2 (3).

Licensed business entities

(3)(1) Every licensed business entity and every officer, director, partner and sole proprietor of a licensed business entity shall, in the course of conducting the licensed business,

(a) comply with all federal, provincial and municipal laws;

(b) treat all persons equally, without discrimination based on a person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability;

(c) respect the privacy of others by treating all information received in the course of conducting the licensed business as confidential, except where disclosure is required for conducting the licensed business or by law; and

(d) co-operate with police where it is required by law. O. Reg. 363/07, s. 3 (1).

(2) No licensed business entity and no officer, director, partner and sole proprietor of a licensed business entity shall,

(a) conspire with another person or aid or abet another licensee in a breach of this code of conduct;

(b) wilfully or negligently make a false statement or complaint against another licensee; or

(c) misrepresent to any person the type, class or conditions of the licensee’s licence. O. Reg. 363/07, s. 3 (2).

4. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 363/07, s. 4.”

Understanding the Private Security and Investigative Services Act (PSISA) and the Code of Conduct

The Private Security and Investigative Services Act, 2005 (PSISA) serves as the legislative backbone governing the security and investigative services industry in Ontario. Enacted to ensure the protection of public safety and interests, the PSISA establishes licensing requirements, standards of conduct, and regulatory oversight for individuals and businesses operating within the sector. Central to the PSISA is Ontario Regulation 363/07, which outlines the Code of Conduct – a comprehensive set of ethical guidelines and professional responsibilities that individuals and entities must adhere to in their practice.

The Code of Conduct, as enshrined in Ontario Regulation 363/07, delineates the expectations and obligations placed upon private investigators, security guards, and licensed business entities. It covers a wide range of areas, including honesty and integrity, compliance with laws, equal treatment of all individuals, privacy protection, and cooperation with law enforcement. By upholding these standards, licensees and businesses contribute to maintaining the integrity and trustworthiness of the industry while safeguarding the rights and well-being of the public.

In conclusion, the Private Security and Investigative Services Act, 2005, and its accompanying Code of Conduct play a vital role in shaping the operations and behaviour of individuals and entities within the security and investigative services industry. By providing a framework for ethical conduct, the PSISA ensures that licensees uphold the highest standards of professionalism, integrity, and accountability in their practice. As we navigate the complexities of this legislation and the Code of Conduct, it becomes evident that adherence to these standards not only benefits the industry but also fosters a safer and more secure environment for all Ontarians. Through ongoing education, compliance, and commitment to ethical conduct, stakeholders can uphold the principles of the PSISA and contribute to the continued advancement of the security and investigative services sector in Ontario.

About the Author

Whitney Joy Smith

Whitney Joy Smith is a prominent figure in the field of private investigation and security, serving as the founder and CEO of The Smith Investigation Agency Inc., Smith Security Inc., and Training Centre Canada, as well as a sitting politician.

With a remarkable journey that began in the early 2000s, Whitney's professional background as a private investigator is underscored by her unwavering dedication to the role. Born in Canada and having spent her early years between Canada and the United States, Whitney possesses a unique perspective shaped by her experiences in both countries. This background equips her with an in-depth understanding of the intricacies of private investigative laws, regulations, and operational standards in North America.

Throughout her career, Whitney has garnered numerous industry awards and accolades. She takes great pride in working closely with her continually expanding agency, striving to elevate industry standards, maintain compliance, and effectively meet the diverse investigative needs of clients.

Whitney actively engages in various membership, committee, board and support roles, demonstrating her commitment to the industry and professional community. She is affiliated with all local chambers, associations and more.

Whitney's wealth of experience is not limited to her professional achievements; her thought-provoking articles have been featured in publications ranging from Readers Digest, Cosmopolitan, Huffington Post, and Mens Health to Business News Daily. She constantly seeks to redefine standards and push the boundaries of excellence within the private investigative and security fields.

To discover more about Whitney Joy Smith and the dedicated team at The Smith Investigation Agency Inc., visit our website to learn more.

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