S-3.5, r. 1 - Regulation under the Private Security Act

À jour au 21 octobre 2020

Ce document a valeur officielle.

chapter S-3.5, r. 1

Regulation under the Private Security Act

Private Security Act

(chapter S-3.5, ss. 107 and 108).

The fees prescribed in the Regulation have been indexed as of 1 January 2020 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 26 October 2019, page 645. (ss. 3, 12, 15).

DIVISION I AGENCY LICENCE

1. An agency licence application is filed by the enterprise’s representative on the current form provided by the Bureau de la sécurité privée.

The application contains

(1)  the name, date of birth and residence and work addresses of the enterprise’s representative;

(2)  every name under which the enterprise carries on activities;

(3)  the addresses of the enterprise’s head office and of each of its establishments;

(4)  the name, date of birth and residence address of the enterprise’s owner, any partner or shareholder having a major interest in the enterprise, within the meaning of section 8 of the Private Security Act (chapter S-3.5), and any director, as well as their interest in the enterprise;

(4.1)  the name and head office contact details of the partnership or the legal person who is the owner or a partner or a shareholder of the enterprise and the name, date of birth, if applicable, and residential contact details of every partner or shareholder having a major interest in the partnership or legal person, within the meaning of section 8, and of every director of the partnership or legal person, as well as their interest in the partnership or legal person; and

(5)  the class of licence applied for.

M.O. 2010-05-28, s. 1; S.Q. 2011, c. 23, s. 16; M.O. 0061-2020, s. 1.

2. An agency licence application is accompanied by

(1)  a copy of the constituting act, contract of partnership or declaration of registration made to the enterprise registrar, as applicable;

(2)  proof that the enterprise is solvent;

(3)  a document, on the current form provided by the Bureau, certifying that the enterprise holds a liability insurance policy in accordance with section 5;

(4)  proof of the security required in section 6;

(4.1)  designation, on the current form provided by the Bureau, of the agency’s representative by a duly authorized person; and

(5)  a declaration from the representative that he or she is engaged full-time in the enterprise’s activities.

M.O. 2010-05-28, s. 2; M.O. 2013-03-25, s. 1; M.O. 0061-2020, s. 2.

3. An agency licence application is also accompanied by the following fees, depending on the class of licence, one-half of which are reimbursed to the applicant if the licence is not issued or renewed:

(1)  security guard agency: $2,981;

(2)  investigation agency: $2,110;

(3)  locksmith agency: $1,365;

(4)  electronic security systems agency: $1,365;

(5)  valuables transport agency: $1,365; and

(6)  security consulting agency: $2,110.

A non-reimbursable fee of $120 must also accompany the application for each person referred to in sections 7 and 8 of the Act who is required to undergo verification under the first paragraph of section 27 of the Act.

M.O. 2010-05-28, s. 3; S.Q. 2011, c. 23, s. 17; M.O. 0061-2020, s. 3.

4. (Revoked).

M.O. 2010-05-28, s. 4; M.O. 2013-03-25, s. 2.

5. The holder of an agency licence must hold a civil liability insurance policy providing the licence holder with at least $1,000,000 coverage per incident throughout the term of the licence against the financial liability arising from an incident occurring in the course of its activities, for bodily injury, moral damage or material damage.

M.O. 2010-05-28, s. 5.

6. An agency licence holder must furnish security to the Bureau in the form of a pledge of money or bonds or an insurance policy in the amount of $10,000.

M.O. 2010-05-28, s. 6.

7. An application to renew an agency licence must be filed at least 60 days before the date of expiry of the licence.

It is filed on the current form provided by the Bureau, which contains the information determined in section 1 and is accompanied by the documents and fees determined in sections 2 and 3.

M.O. 2010-05-28, s. 7; M.O. 0061-2020, s. 4.

8. An agency licence holder must pay the fees provided for in section 3 at least 60 days before the anniversary dates of the licence’s issue or renewal. One-half of the fee in the first paragraph of that section is reimbursed to the licence holder should the licence be cancelled consequently to the verification under section 27 of the Act.

M.O. 2010-05-28, s. 8; M.O. 0061-2020, s. 5.

9. The fee for a copy or the replacement of an agency licence is $25.

M.O. 2010-05-28, s. 9.

DIVISION II AGENT LICENCE

10. An agent licence application is filed on the current form provided by the Bureau.

The application contains

(1)  the name, date of birth and residence address of the applicant;

(2)  the name of the applicant’s employer or of the person having recourse to his or her services;

(3)  any other employment held by the applicant; and

(4)  the class of licence applied for.

M.O. 2010-05-28, s. 10; M.O. 0061-2020, s. 6.

11. An agent licence application is accompanied by

(1)  a copy of the document certifying that the applicant meets the conditions of training required under paragraph 1 of section 19 of the Act;

(2)  a copy of both sides of a valid piece of identification issued by the Government of Canada or a provincial or territorial government or, failing that, by a foreign government, containing at the least the applicant’s name, date of birth, photo and signature;

(2.1)  a document evidencing that the applicant has Canadian citizenship, permanent resident status or a work permit issued by the competent Canadian immigration authorities;

(2.2)  at the request of the Bureau, a medical certificate certifying that the applicant is in a physical and mental condition such that he or she is able to carry on the private security activity for which the licence is applied for;

(3)  a declaration from the applicant that he or she is aware of the responsibilities and obligations incumbent upon him or her under the Act and its regulations; and

(4)  2 identical colour photographs measuring 50 by 70 mm, taken during the 6 months preceding the application, on a white background, showing the person facing front, from the shoulders up and bare headed, dated on the back with a date stamp, one of which is authenticated by a respondent able to confirm the applicant’s identity.

M.O. 2010-05-28, s. 11; M.O. 0061-2020, s. 7.

12. An agent licence application is also accompanied by the following fees, which are not reimbursed:

(1)  a fee of $57; and

(2)  a fee of $92 to cover the cost of the verification referred to in section 27 of the Act. The fee does not apply if, under section 27.1 of the Act, the verification is not required.

M.O. 2010-05-28, s. 12; S.Q. 2011, c. 23, s. 18; M.O. 2013-03-25, s. 3; M.O. 0061-2020, ss. 8 and 16.

12.1. A person who applies for an agent licence must

(1)  have Canadian citizenship, permanent resident status or a work permit issued by the competent Canadian immigration authorities; and

(2)  be in a physical and mental condition such that the person is able to carry on the private security activity for which the licence is applied for.

M.O. 0061-2020, s. 9.

13. A person who applies for a security consulting agent licence must, in addition to meeting the conditions provided for in section 19 of the Act, demonstrate to the satisfaction of the Bureau that he or she has the practical knowledge and professional skills necessary for that activity. For that purpose, the Bureau may require the person to come to an interview, to pass an examination, or both.

M.O. 2010-05-28, s. 13.

14. An application to renew an agent licence must be filed at least 45 days before the date of expiry of the licence.

It is filed on the current form provided by the Bureau, which contains the information determined in section 10 and is accompanied by 2 photographs complying with the requirements of paragraph 4 of section 11 and by the fees determined in section 12, which are not reimbursed.

M.O. 2010-05-28, s. 14; M.O. 0061-2020, s. 10.

15. An agent licence holder must pay, on the anniversary dates of the licence’s issue or renewal, the following annual fees, which are not reimbursed:

(1)  a fee of $57;

(2)  a fee of $20 to cover the cost of the verification referred to in the second paragraph of section 27 of the Act. Where a person holds more than one agent licence, the fee applies only once a year for all the licences held by that person.

M.O. 2010-05-28, s. 15; S.Q. 2011, c. 23, s. 19; M.O. 2013-03-25, s. 4; M.O. 0061-2020, ss. 11 and 16.

16. The fee for the replacement of an agent licence is $25.

M.O. 2010-05-28, s. 16.

DIVISION III TEMPORARY AGENT LICENCE

17. The Bureau may issue a temporary agent licence to a person, for the purposes of carrying on a private security activity, in the following cases:

(1)  while the person is receiving training that may qualify the person for the issue of an agent licence under section 21 of the Act, in particular during a training period;

(2)  where the special needs of an investigation justify retaining that person’s services, in particular to act as an undercover or double agent; or

(3)  where an enterprise needs to hire temporary labour on the occasion of special events, such as sports or cultural activities, a labour dispute, a disaster or a pandemic.

Sections 10 to 12 apply to an application for a temporary agent licence. Such an application must be supported by a declaration from the person on whose behalf the holder of a temporary licence will carry on the private security activity, attesting to the purpose for which that person needs to retain the services of the temporary licence holder.

M.O. 2010-05-28, s. 17.

18. Paragraph 1 of section 19 of the Act does not apply to a person who applies for a temporary agent licence. Paragraph 4 of that section does not apply to a person who applies for a temporary licence for the purposes set out in subparagraph 1 of the first paragraph of section 17.

M.O. 2010-05-28, s. 18.

19. The holder of a temporary agent licence must remain at all times under the responsibility of the person on whose behalf the private security activity is carried on. The temporary licence holder must also remain under the supervision of an agent licence holder, issued in accordance with section 21 of the Act, when carrying on that activity.

M.O. 2010-05-28, s. 19.

20. The holder of a temporary agent licence may not carry on a private security activity for a purpose other than that for which the licence was issued.

M.O. 2010-05-28, s. 20.

21. The person on whose behalf the holder of a temporary agent licence carries on a private security activity must inform the Bureau where the person no longer uses the licence holder’s services.

M.O. 2010-05-28, s. 21.

22. A temporary agent licence may be renewed as long as the holder needs it for the purpose for which the licence was issued. In case of renewal, the fees prescribed in section 12 are paid once a year.

M.O. 2010-05-28, s. 22.

DIVISION IV ANNUAL ADJUSTMENT OF FEES

M.O. 2010-05-28, Div. IV; M.O. 0061-2020, s. 12.

23. (Revoked).

M.O. 2010-05-28, s. 23; M.O. 0061-2020, s. 13.

24. The fees set under this Regulation are adjusted on 1 January of each year based on the rate of increase in the general Consumer Price Index for Canada, as determined by Statistics Canada, for the 12-month period ending on 30 June of the preceding year.

The adjusted fees are rounded off as follows:

(1)  where the annual increase resulting from the adjustment is between $0.01 and $0.25, they are increased by $0.25;

(2)  where the annual increase resulting from the adjustment is between $0.25 and $0.50, they are increased by $0.50;

(3)  where the annual increase resulting from the adjustment is between $0.50 and $1, they are increased by $1;

(4)  where the annual increase resulting from the adjustment is greater than $1,

(a)  they are reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50; or

(b)  they are increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50.

The Bureau is to publish the results of the adjustment by means of a notice in the Gazette officielle du Québec or by any other appropriate means.

M.O. 2010-05-28, s. 24; M.O. 0061-2020, s. 14.

DIVISION V REGISTER

25. An agency licence holder must set up and maintain, at its principal establishment in Québec, a register of the persons in its employ who carry on a private security activity.

The names and the date of birth of those persons, the activities they carry on, the number of their agent licence as well as the dates on which they are hired and on which their employment is terminated are entered in that register.

The information entered in the register for those persons must be kept for a minimum of 2 years after the date on which their employment is terminated.

M.O. 2010-05-28, s. 25; M.O. 0061-2020, s. 15.

DIVISION VI FINAL

26. (Omitted).

M.O. 2010-05-28, s. 26.

REFERENCES

M.O. 2010-05-28, 2010 G.O. 2, 1957

S.Q. 2011, c. 23, ss. 16 to 19

M.O. 2013-03-25, 2013 G.O. 2, 949

M.O. 0061-2020, 2020 G.O. 2, 2769B