Basic Private Investigator License Preparation Course

Question 1

What is the role of a private investigator?

Answer 1

A person who performs work, for remuneration, that consists primarily of conducting investigations in order to provide information

Question 2

What are examples of the types of information that can be collected by a Private Investigator?

Answer 2

a) the character or action of a person;
b) the business or occupation of a person;
c) the whereabouts of persons or property.

Question 3

What is a Registered Employer

Answer 3

A business or organization which, while not being a private investigation firm, employs private investigators on staff. Ex. Banks, financial institutions, transportation companies, private corporations, law firms etc.

Question 4

Define Private Investigator Agencies

Answer 4

A business licensed to “sell” the services of private investigators to others

Question 5

Name some duties of a Private Investigator

Answer 5

• Surveillance;
• Process Serving;
• Photographing and Videotaping evidence;
• Conducting detailed research
• Background Investigations;
• Witness Interviews;
• Social Media Investigations etc.

Question 6

What are the responsibilities of a Private Investigator in regards to License Management?

Answer 6

• Obligation that each licensee should be capable of managing his or her own license;
• Comply with renewal dates;
• Knows that the Ministry must be notified of an address change within 5 days;
• Aware that serious criminal infractions must be reported to the Ministry

Question 7

What is the importance of the Private Security and Investigative Services Act, 2005 (PSISA)?

Answer 7

Primary statute governing the private security industry in Ontario

Question 8

What are Regulations?

Answer 8

Described as the rules explaining how the Act should work

Question 9

What is Remuneration?

Answer 9

Receiving money for work performed.

Question 10

What are Section 561 Offences under the Criminal Code?

Answer 10

These are moderately serious offences. If you are charged with a s. 561 offence, you have the right to choose whether the case will be heard in provincial or superior court and whether or not it will be heard by a jury. Section 561 offences carry a maximum penalty of 14 years, although sentences are more often in the 5 to 10 year range. Some examples are sexual assault with a weapon, fraud over $5000, theft over $5000, arson and robbery.

Question 11

PSISA S. 40 - NO private investigator, security guard or person who engages in the business of selling the services of private investigators or security guards shall use the following terms or variations of them:

Answer 11

1. Detective or Private Detective.
2. Law enforcement.
3. Police.
4. Officer. 2005, c. 34, s. 40.

Question 12

What are the two distinct elements of a criminal offence?

Answer 12

1. Actus Reus - the act of doing at the time of offence;
2. Mens Rea - state of mind at time of offence

Question 13

What are the 3 elements that a guard must personally witness in order to arrest for a shoplifting offence?

Answer 13

1. Selections - choosing the object;
2. Concealment - witness the hiding of stolen merchandise;
3. Evasion of payment - must have passed last possible point of payment

Question 14

What are Section 469 Offences under the Criminal Code?

Answer 14

These are the most serious types of offences in the criminal justice system. They are always tried in Superior Court by a judge and jury. Moreover, they carry a maximum penalty of life in prison. Some examples are: first degree murder, second degree murder, manslaughter, hijacking, kidnapping and hostage taking.

Question 15

Explain Summary Offences under Section 787 of the Criminal Code?

Answer 15

A summary offence is considered to be a fairly minor criminal offence. Examples of Summary Offences include unlawful assembly, causing a disturbance, disturbing a religious worship and being found in a common bawdy house. Summary Offences are punishable by a maximum sentence of up to 6 months in jail, and/or a fine of up to $5000.

Question 16

Explain CCC Section 343, Robbery?

Answer 16

Robbery is an indictable offence with serious consequences. The offence of robbery involves the use of force, or a threat to use force or to use a weapon during the commission of an offence. It is similar to the offence of theft, with the notable difference that there is an element of fear or intimidation placed on the victim.

Question 17

Explain CCC Section 175, Causing a Disturbance

Answer 17

Causing a Disturbance is a statute security guards should be familiar with. This is a summary offence which can occur in one of several ways. Most commonly, the offender will be outside a home, in or near a public place and conducting themselves in such a way as to be a nuisance to others. Offensive conduct listed in the code includes swearing, using insulting or obscene language, being drunk, fighting and so on.

Question 18

Explain CCC Section 265: Assault (Hybrid Offence Example)

Answer 18

The criminal code lists different assault-related statutes which include simple assault, aggravated assault and sexual assault, among others. Simple assault, which is hyperlinked above, is an example of a dual procedural offence. You can read the statute to understand the point at which a person is deemed to have committed an assault. Section 266 of the code goes on to specify that if treated as an indictable offence, the maximum punishment is up to five years in jail. If the offender is tried summarily, the maximum sentence will be up to 2 years less a day.

Question 19

What are some important principles of law in Canada?

Answer 19

• A person is considered to be innocent until proven guilty. This is referred to as a “presumption of innocence”.
• The Crown (government) has a duty to prove the guilt of an accused person “beyond a reasonable doubt”. This is referred to as “burden of proof”.
• An accused person is entitled to any benefit of doubt which might exist.
• A person has the right to defend themselves and others against an attack.
• A person cannot be arbitrarily arrested or detained without just cause.
• An accused person has the right to face his/her accuser.
• Lower courts are bound by the decisions of a higher court. Courts are bound by the rule of precedent (stare decisis) to abide by previous decisions in similar cases.

Question 20

Explain the occupational tasks and requirements of a private investigator

Answer 20

*. Write reports and case summaries to document investigations;
*. Testify at hearings and court trials to present evidence;
*. Alert appropriate personnel to suspects locations

Question 21

Describe and compare the different jobs in the security industry (e.g. private investigation, security services, loss prevention, and patrol services)

Answer 21

PRIVATE INVESTIGATOR VS. SECURITY GUARD
* Private Investigator may work without a uniform to remain incognito. Security guards are usually wearing distinctive uniform which usually display their license as part of the uniform.
* Private investigators don’t usually work a straight or routine shift and most investigations don’t have predictable schedules. Security guards are usually assigned a shift with a scheduled start and end time.
* Private investigators generally employ a “pro-active” approach to work. This means that a private investigator is usually looking for something specific i.e. witness, video images and evidence. The role of a security guard is generally re-active. The role involves reacting quickly to any sign of trouble.

Question 22

5. Detail the various types of investigations and different specializations of private investigators (e.g. general, legal, insurance, corporate, etc.)

Answer 22

• General - Conduct background investigations of individuals, such as pre-employment checks, to obtain information regarding individual character, financial status or personal history;
• Insurance – Expose fraudulent insurance claims or stolen funds
• Corporate – Perform undercover operations such as evaluating the performance and honesty of employees by posing as customers or employees
• Legal – Question persons to obtain evidence for cases of divorce, child custody, or missing persons

Question 23

Explain differences between private security and police officers

Answer 23

• Police officers are civil servants who are funded by the government and private security is usually hired through clients, who can be individuals, organizations or businesses.
• Follow different guidelines (Police Services Act and Private Security and Investigative Services Act)
• Police officers have the ability to execute arrest warrants and lay charges under the Criminal Code and Provincial Offences Act.

Question 24

Explain an individual’s responsibility regarding licensing, including the licensing process and mandatory requirements.

Answer 24

RESPONSIBILITY REGARDING LICENSING
* Obligation that each licensee should be capable of managing his or her own license
* Comply with renewal dates
* Knows that the Ministry must be notified of an address change within 5 days
* Aware that serious criminal infractions must be reported to the Ministry

Question 25

Describe the general duties, standards, practices, regulations and prohibitions.

Answer 25

• Section 40 – No private investigator, security guard or person shall use the following terms or variations of them:
• Detective or Private Detective.
• Law Enforcement
• Police
• Officer
• Section 39 – Holding out as police
• No person who holds a licence under this Act shall falsely hold himself, herself, or itself out as providing services or performing duties connected with police.
• Prohibitions
• not permitted to act with respect to collection of accounts;
• activities of repossession are prohibited;
• Private Investigators are not permitted to participate in an eviction order under Ontario’s Residential Tenancies Act

Question 26

Explain the requirement to produce a licence

Answer 26

• Section 34(1) Every person who is holding himself or herself out as a private investigator shall,
  (a) carry his or her license;
  (b) on request, identify himself or herself as a private investigator; and
  (c) on request, produce his or her license.

Question 27

Define Complaint Procedures

Answer 27

• Complaints can be made on the PSIS’s website.
• Complaints should be made within 90 days of the subject matter occurring, the registrar does have authority to deal with a complaint even after that time period, if its that’s serious.

Question 28

Introduce the regulation and the consequences of failing to comply

Answer 28

Section 43 (1) A person is guilty of an offense if he, she or it,
(a) knowingly furnishes false information in any application under this Act or in any statement of return required under this Act or the regulations
(b) fails to comply with any order or other requirement made under this Act or the regulations;
(c) fails to comply with a condition of a licence; or
(d) contravenes or fails to comply with any provision of this Act or the regulations.

Question 29

Define Strict Liability.

Answer 29

the onus is on the prosecutor to prove the offence beyond a reasonable doubt

Question 30

Strict Liability

Answer 30

a direct violation to the Act. Strict Liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action. i.e. speeding

Question 31

Describe the general duties, standards, practices, regulations and prohibitions.

Answer 31

Section 40 – No private investigator, security guard or person shall use the following terms or variations of them:
- Detective or Private Detective.
- Law Enforcement
- Police
- Officer
Section 39 – Holding out as police
- No person who holds a licence under this Act shall falsely hold himself, herself, or itself out as providing services or performing duties connected with police.
Prohibitions
- not permitted to act with respect to collection of accounts;
- activities of repossession are prohibited;
- Private Investigators are not permitted to participate in an eviction order under Ontario’s Residential Tenancies Act