S-3.5, r. 3 - Regulation respecting standards of conduct of agent licence holders carrying on a private security activity

Updated to 12 December 2023

This document has official status.

chapter S-3.5, r. 3

Regulation respecting standards of conduct of agent licence holders carrying on a private security activity

Private Security Act

(chapter S-3.5, s. 107).

1. Agent licence holders must conduct themselves so as to preserve the trust required by the exercise of their functions.

In the exercise of their functions, they may not

(1)  use obscene, blasphemous or offensive language;

(2)  commit injurious acts or use injurious language based on race, colour, sex, pregnancy, sexual orientation, civil status, age, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap;

(3)  be disrespectful or impolite toward a person; or

(4)  use or be under the influence of alcoholic beverages, hallucinogens, anaesthetics, narcotics, drugs or any other substance causing reduced or disturbed faculties or intoxication.

O.C. 785-2010, s. 1.

2. Agent licence holders must present their licence when requested to identify themselves and bear any identification mark prescribed by a regulation made under subparagraph 2 of the first paragraph of section 111 of the Private Security Act (chapter S-3.5), except if the information relating to them contained in the register of licence holders is confidential in accordance with the second paragraph of section 81 of the Act.

O.C. 785-2010, s. 2; O.C. 1247-2012, s. 1.

3. Agent licence holders must avoid any form of abuse of authority in their relations with any person.

In their relations, they must not:

(1)  use greater force than is necessary to accomplish what is required or permitted;

(2)  make threats, intimidate or harass;

(3)  knowingly make a false accusation against a person; or

(4)  detain any person who is not under arrest or that they are not authorized to detain.

O.C. 785-2010, s. 3.

4. Agent licence holders must provide all reasonable assistance to the Bureau de la sécurité privée and to a peace officer and cooperate with them so they can exercise their functions.

To that end, they must not

(1)  prevent or contribute to preventing justice from taking its course; or

(2)  conceal or fail to pass on evidence or information in order to benefit or harm any person.

O.C. 785-2010, s. 4.

5. Agent licence holders may not carry on a private security activity with or for a person or group of persons who operates an enterprise offering a private security activity, unless that person or group of persons holds an agency licence of the class relevant to the activity offered.

O.C. 785-2010, s. 5.

6. Agent licence holders must act with competence and professionalism. They must carry on the private security activities that are assigned to them and exercise all related functions by showing the highest degree of integrity, competence, vigilance, diligence and care that one is reasonably entitled to expect from an agent licence holder.

In the exercise of their functions, they must not

(1)  be negligent or careless;

(2)  present themselves as having the authority, status or powers of a peace officer;

(3)  suggest that they have the capacity, level of training, skills or experience they have not; or

(4)  carry on a private security activity for which they do not hold a licence of the corresponding class.

O.C. 785-2010, s. 6.

7. Agent licence holders must exercise their functions with dignity and loyalty and avoid any situation of conflict of interest.

To that end, they must not

(1)  resort to or take part in fraudulent or illegal practises;

(2)  accept money or another consideration in the exercise of their functions, other than what is allocated to them for that purpose; or

(3)  grant, solicit or accept an undue favour or advantage for themselves or another person.

O.C. 785-2010, s. 7.

8. Agent licence holders are bound by discretion regarding matters of which they have knowledge in the exercise of their functions and must, at all times, respect the confidential nature of the information thus received. They may not use that information for their own benefit or the benefit of a third party.

O.C. 785-2010, s. 8.

9. Agent licence holders authorized to carry a firearm in the exercise of their functions under the Firearms Act (S.C. 1995, c. 39) must use it with caution and judgment.

To that end, they must not

(1)  show, manipulate or point his or her firearm without justification; or

(2)  neglect to take the measures necessary to prevent that his or her firearm be used by any other person.

O.C. 785-2010, s. 9.

10. (Omitted).

O.C. 785-2010, s. 10.

REFERENCES

O.C. 785-2010, 2010 G.O. 2, 2591

O.C. 1247-2012, 2013 G.O. 2, 59