a-8 - Act respecting detective or security agencies

À jour au 22 octobre 1999

Ce document a valeur officielle.

chapter A-8

Act respecting detective or security agencies

1. In this Act, the expression “detective or security agency” or “agency” means any person who, for remuneration, acts as a detective, investigates offences, gathers or supplies information on the character or behaviour of others, or provides the services of guards or watchmen.

Such expression does not include:

(a)  information agencies supplying exclusively to their members or subscribers information as to the solvency of persons;

(b)  practising advocates and claims adjusters;

(c)  any person who renders his personal services, directly and without an intermediary, as an investigator, guard or watchman in the capacity of a salaried employee.

R. S. 1964, c. 42, s. 1.

2. No person shall keep an agency without a permit issued by the Minister of Public Security.

R. S. 1964, c. 42, s. 2; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

3. No person shall perform, on behalf of or through an agency, any act comprised within the definition of such expression unless he holds an agent’s permit issued by the Minister of Public Security.

It is also forbidden for an agency to employ for such purposes a person who does not hold such permit, or to furnish his services to a third party.

R. S. 1964, c. 42, s. 3; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

4. (1)  Every applicant for a permit shall send his application to the Minister of Public Security in the prescribed form, with the documents and security prescribed by the regulations.

(2)  The Minister of Public Security shall issue the permit if, after investigation, he considers that the applicant has the necessary qualifications and complies with the conditions prescribed by the regulations.

(3)  No person can institute an action based on information given in good faith to the Minister of Public Security respecting the issue or renewal of a permit.

(4)  Sections 12 to 36 of the Public Officers Act (chapter E-6) shall apply to the security prescribed by the regulations made under this Act.

R. S. 1964, c. 42, s. 4; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

5. A partnership or legal person applying for an agency permit shall

(a)  provide the Minister of Public Security with proof of its registration or constitution, as the case may be, and

(b)  appoint, for the purposes of this Act, a representative who must possess all the qualifications required to obtain an agency permit and engage actively in the transactions of the partnership or legal person.

R. S. 1964, c. 42, s. 5; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1999, c. 40, s. 10.

6. (1)  No person can obtain an agent’s permit unless he is in the employ of an agency holding a permit.

(2)  The cessation of such employment shall of itself suspend the agent’s permit. The Minister of Public Security, on request, may reinstate the permit when the agent is again in the employ of an agency.

R. S. 1964, c. 42, s. 6; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

7. Every agency shall keep a register in which it shall enter the name and address of each person in its employ, and it shall keep such register open for inspection by any authorized representative of the Minister of Public Security.

It shall communicate forthwith to the Minister of Public Security the name and address of every agent who ceases to be in its employ, and also the cause of cessation of the employment.

R. S. 1964, c. 42, s. 7; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

8. Every agency permit shall expire on 31 March each year.

Every agent’s permit shall be issued for a period of one year or for any shorter period fixed by regulation.

Any permit may be renewed on the conditions prescribed by regulation.

R. S. 1964, c. 42, s. 8; 1994, c. 25, s. 1.

9. Unless obliged to do so by law, no holder of an agency permit nor any of his employees shall disclose to anyone other than his employer or principal or the authorized representatives of such employer or principal, any information obtained in the performance of his duty.

R. S. 1964, c. 42, s. 9.

10. No holder of a permit shall:

(a)  use any uniform or badge unless it is approved in writing by the Minister of Public Security;

(a.1)  use any vehicle unless its characteristics and identification meet the standards approved in writing by the Minister of Public Security;

(b)  collect any debt for another person, act as a collection agent or advertise himself as such.

R. S. 1964, c. 42, s. 10; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 197.

11. The Government may make regulations to regulate

(a)  the qualifications required of any person applying for a permit or its renewal and the conditions he must comply with, more particularly the documents and security he must furnish and the examinations he must undergo;

(b)  the form of applications for permits and of permits;

(b.1)  the period of validity of an agent’s permit;

(b.2)  the fees payable for the issue or renewal of permits, which may vary according to the period of validity of the permits;

(c)  the issue of an agency permit to a trustee in bankruptcy or liquidator or to the heirs of a deceased holder but only for the time necessary to permit of the sale or liquidation of the agency;

(d)  the manner of keeping the register of employees and its inspection;

(e)  the occupations or professions that an agent may engage in;

(f)  the advertising of agencies.

The regulations shall come into force on their publication in the Gazette officielle du Québec or on such later date as is fixed therein.

R. S. 1964, c. 42, s. 11; 1994, c. 25, s. 2.

12. Any person commits an offence who:

(a)  acts contrary to this Act or any regulation made under section 11;

(b)  makes a false statement in an application for a permit or for the renewal thereof;

(c)  not being the holder of the required permit, offers to act as an agency or agent, advertises himself as such, or assumes the title thereof or an equivalent title;

(d)  lends, lets or cedes a permit to a third party;

(e)  being the holder of an agency permit, does not keep it constantly posted up in plain sight at the principal establishment of the agency.

R. S. 1964, c. 42, s. 12; 1999, c. 40, s. 10.

13. (1)  When an offence is committed, the agency and the agent, manager, officer, partner, employee or representative who participated therein shall be guilty of the offence to the same extent as the person who committed it.

(2)  When a director, manager, officer, partner, employee or agent of an agency has been convicted of an offence, both the agency and its representative shall be presumed guilty thereof.

R. S. 1964, c. 42, s. 13; 1990, c. 4, s. 42.

14. The Minister of Public Security may suspend or cancel the permit of an agency or agent that

(a)  has committed an offence against this Act or the regulations;

(b)  has ceased to be qualified to hold a permit;

(c)  has been convicted of a criminal offence, or

(d)  is engaged in a profession or occupation not permitted by the regulations.

The Minister shall, before making such a decision, notify the permit holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations.

R. S. 1964, c. 42, s. 14; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1997, c. 43, s. 19.

15. Every legal person convicted of an offence under a provision of this Act or of the regulations thereunder shall be liable to a fine of $175 to $700 and, in the case of a second or subsequent conviction, to a fine of $325 to $700; any other person convicted of such an offence shall be liable to a fine of $75 to $175 and, in the case of a second or subsequent conviction, to a fine of $175 to $325.

R. S. 1964, c. 42, s. 15; 1986, c. 58, s. 1; 1990, c. 4, s. 43; 1991, c. 33, s. 1.

16. (Repealed).

R. S. 1964, c. 42, s. 16; 1986, c. 86, s. 15.

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

1986, c. 86, s. 16; 1988, c. 46, s. 24.

17. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 42 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter A-8 of the Revised Statutes.