S-3.5 - Private Security Act

Updated to 15 September 2006

This document has official status.

chapter S-3.5

Private Security Act

CHAPTER III BUREAU DE LA SÉCURITÉ PRIVÉE

DIVISION I ESTABLISHMENT AND MISSION

39. A private security bureau called the “Bureau de la sécurité privée” is hereby established.

The Bureau is a legal person.

2006, c. 23, s. 39.

40. The Bureau has its head office in Québec, at the place it determines. Notice of the location and of any change in location of the head office is published in the Gazette officielle du Québec.

The Bureau may hold its meetings at any place in Québec.

2006, c. 23, s. 40.

43. For the sole purpose of making the Bureau subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the Bureau is deemed a public body within the meaning of that Act.

2006, c. 23, s. 43.

DIVISION II ORGANIZATION

44. The Bureau is administered by a board of directors composed of 11 members, as follows:

(1)  four members appointed by the Minister, one of whom must be from the police community; and

(2)  seven members appointed by associations representative of the private security industry that are recognized by the Minister.

2006, c. 23, s. 44.

45. An association may apply for recognition as an association representative of the private security industry by sending a written notice to the Minister.

The application must be authorized by a resolution of the association and signed by representatives specially mandated for that purpose.

2006, c. 23, s. 45.

46. The Minister recognizes the seven associations that, in the Minister’s opinion, are most representative of the private security industry from among all the associations that have applied for recognition.

The Minister may establish a committee to advise and make recommendations to the Minister on assessing the associations’ representativeness.

2006, c. 23, s. 46.

47. Within 30 days after obtaining recognition, an association must appoint a board member in the manner it determines.

The Minister may, in the public interest, require at any time that an association replace a board member it has appointed.

2006, c. 23, s. 47.

48. Board members are appointed for a term of three years from the date on which all board members have been appointed.

2006, c. 23, s. 48.

49. Any vacancy occurring on the board of directors during the course of a board member’s term is filled in the manner prescribed in section 44 for the remainder of the term. The Minister or the association concerned must fill a vacancy on the board of directors within 30 days after receiving notice of the vacancy from the board of directors.

Unexplained absence from the number of board meetings stipulated in the internal management by-laws, in the cases and circumstances provided in those by-laws, constitutes a vacancy.

2006, c. 23, s. 49.

50. A board member may resign by sending a notice in writing to that effect to the board of directors. A vacancy occurs on acceptance of the resignation by the board of directors.

2006, c. 23, s. 50.

51. Six months before the board members’ term expires, the Bureau must take measures to ensure that the Minister and the associations recognized by the Minister appoint, replace or reappoint board members, as appropriate.

The Minister may reassess the representativeness of those associations, particularly if new associations have applied for recognition in accordance with section 45 in the six months before the board members’ term expires, and withdraw the recognition of an association if the Minister considers it has lost its status as most representative association.

2006, c. 23, s. 51.

52. The Bureau may make internal management by-laws.

2006, c. 23, s. 52.

53. The board members elect a chair and a vice-chair from among their number. The chair and vice-chair exercise their respective functions for the course of their term.

2006, c. 23, s. 53.

54. The chair of the board of directors calls board meetings, presides over them and sees that they proceed smoothly.

The vice-chair replaces the chair if the chair is absent or unable to act.

2006, c. 23, s. 54.

55. The Bureau appoints an executive director in charge of the Bureau’s administration and general management within the framework of the Bureau’s regulations and policies. The position of executive director is a full-time position.

The conditions prescribed in paragraphs 2 and 3 of section 19 apply to the executive director, with the necessary modifications.

2006, c. 23, s. 55.

56. The Bureau may delegate to the executive director, in writing and to the extent specified, the functions and powers assigned to it by this Act, except those assigned by sections 107 and 108.

2006, c. 23, s. 56.

57. The quorum at board meetings consists of a majority of the board members, including the chair or vice-chair.

Decisions are made by a majority vote of the board members present. In the case of a tie vote, the person presiding has a casting vote.

2006, c. 23, s. 57.

58. A board member with a direct or indirect interest in an enterprise causing that member’s personal interest to conflict with the Bureau’s interest must, on pain of forfeiture of office, disclose that personal interest and abstain from participating in any decision involving the enterprise in which the member has the interest. The member must also withdraw from the meeting while the decision is being discussed.

2006, c. 23, s. 58.

59. A board member may waive notice of a meeting. Attendance at the meeting constitutes a waiver of notice unless the member is attending for the purpose of objecting to the meeting on the ground that it was not lawfully called.

2006, c. 23, s. 59.

60. Board members may, in the cases and on the conditions specified in the Bureau’s internal management by-laws, take part in a board meeting from separate locations by means of equipment allowing all board members to communicate directly with one another.

2006, c. 23, s. 60.

61. A written resolution, signed by all board members, has the same value as if adopted during a board meeting.

A copy of all such resolutions is kept with the minutes of the proceedings or other equivalent record book.

2006, c. 23, s. 61.

62. The minutes of board meetings, approved by the board of directors and certified by the chair or vice-chair of the board or the secretary of the Bureau, are authentic. The same applies to documents and copies emanating from the Bureau or forming part of its records if so certified.

2006, c. 23, s. 62.

63. An intelligible transcription of a decision or of other data stored by the Bureau on a computer or any data storage medium is a document of the Bureau and constitutes proof of its contents if certified by a person referred to in section 62.

2006, c. 23, s. 63.

64. No act, document or writing binds the Bureau or may be attributed to it unless it is signed by the chair or vice-chair of the board of directors or the secretary of the Bureau.

2006, c. 23, s. 64.

65. The Bureau’s internal management by-laws may allow, subject to the conditions and on the documents specified, that a signature be affixed using an automatic device, that a signature be electronic or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person referred to in section 62.

2006, c. 23, s. 65.

66. The Bureau may appoint a secretary and hire the personnel it needs to carry out its functions.

The executive director may make the conditions prescribed in paragraphs 2 and 3 of section 19 applicable, with the necessary modifications, to the secretary and personnel of the Bureau if it is warranted by their functions.

2006, c. 23, s. 66.

67. A member of the Bureau’s personnel who has a direct or indirect interest in an enterprise causing that member’s personal interest to conflict with the Bureau’s interest must, on pain of forfeiture of office, disclose that personal interest in writing to the chair of the board of directors.

2006, c. 23, s. 67.

68. Neither the Bureau nor members of the Bureau’s board of directors or personnel may be sued for any act performed in good faith in the exercise of their functions.

2006, c. 23, s. 68.

DIVISION V FINANCIAL PROVISIONS AND REPORTS

83. The Bureau must have its books and accounts audited every year by an auditor. The auditor’s report must be submitted with the Bureau’s annual report.

If the Bureau fails to have its books and accounts audited, the Minister may have the audit conducted and may, for that purpose, designate an auditor whose remuneration will be charged to the Bureau.

2006, c. 23, s. 83.

84. The auditor has access to all the Bureau’s books, registers, accounts, other accounting records and vouchers. Persons having custody of those documents must facilitate their examination by the auditor.

The auditor may require from the Bureau’s board members, mandataries or employees the information and documents needed to conduct the audit.

2006, c. 23, s. 84.

85. The auditor may require the holding of a board meeting on any question related to the audit.

2006, c. 23, s. 85.

86. The Bureau’s fiscal year ends on 31 March.

2006, c. 23, s. 86.

87. Within four months after the end of its fiscal year, the Bureau submits an activity report for the preceding fiscal year to the Minister. The report must contain all the information required by the Minister.

2006, c. 23, s. 87.

88. The Minister lays the Bureau’s financial statements and activity report before the National Assembly within 30 days of receiving them or, if the Assembly is not sitting, within 30 days of resumption.

2006, c. 23, s. 88.

89. The sums received by the Bureau must be applied to the payment of its obligations.

2006, c. 23, s. 89.

CHAPTER V REGULATORY POWERS

107. The Bureau must make regulations determining

(1)  the form in which an application for a licence must be filed and the documents and fee that must be submitted with the application;

(2)  the annual fee that a licence holder must pay;

(3)  the coverage and other features of the liability insurance that an agency licence holder must take out;

(4)  the amount and form of the security that an agency licence holder must furnish;

(5)  the cases in and conditions on which a temporary agent licence may be issued; the conditions set in a regulation under this paragraph may be different from those set in section 19 or in a regulation made under paragraph 2 of section 108; and

(6)  the standards of conduct to be followed by agent licence holders in the exercise of their functions.

2006, c. 23, s. 107.

108. The Bureau may make regulations

(1)  determining the nature, form and content of the books, registers and records that an agency licence holder must keep and the rules relating to their preservation, use and destruction; and

(2)  setting conditions additional to those prescribed in this Act for the issue of a licence.

2006, c. 23, s. 108.

109. Regulations made by the Bureau under this chapter must be submitted to the Minister, who may approve them with or without amendments.

Despite the first paragraph, a regulation made under paragraph 6 of section 107 must be submitted to the Government, which may approve it with or without amendments.

2006, c. 23, s. 109.

110. If the Bureau fails to make regulations under section 107 within six months after 15 September 2006 or fails to make amendments to a regulation within the time specified by the Minister or the Government, the Government may make or amend the regulations. Such regulations are deemed to be regulations of the Bureau.

2006, c. 23, s. 110.

111. After consulting with the Bureau, the Government may make regulations determining

(1)  the persons or classes of persons exempted from the application of this Act and conditions for any such exemptions;

(2)  standards for badges and other identification, and the characteristics of the uniforms to be worn by agent licence holders;

(3)  conditions for the use of equipment and animals by agent licence holders, particularly the training required; and

(4)  standards for the identification of vehicles used in the private security industry and the equipment allowed in such vehicles.

The Government may also determine, among the provisions of a regulation under any of subparagraphs 2 to 4 of the first paragraph, those whose contravention constitutes an offence.

2006, c. 23, s. 111.

112. The Government may make a regulation determining the training required to obtain an agent licence. The regulation may include exemptions or provisional conditions for existing personnel. It also defines the Bureau’s role as regards training.

2006, c. 23, s. 112.

113. Regulatory provisions made under this chapter may vary according to the class of licence to which they apply.

2006, c. 23, s. 113.

CHAPTER VIII FINAL PROVISIONS

133. The Minister of Public Security is responsible for the administration of this Act.

2006, c. 23, s. 133.

134. (Omitted).

2006, c. 23, s. 134.