Bill C-26, The Citizen’s Arrest and Self-defence Act, came into force on March 11, 2013. The Bill has amended the Criminal Code with respect to private citizen (and security) arrests, self-defence, and defense of property. Policies, procedures, practices, and training should be revised and realigned with these new Criminal Code changes.
The role of private security has evolved from the ‘night watchman’ style of yesterday to the modern delivery of advanced security systems, loss prevention programs, and proactive patrol. This expanded ‘life safety and security’ role is the subject of new regulations and standards across Canada. Canadian public safety and security issues of current relevancy are outlined below.
Alberta Security Services and Investigators Act mandatory training took effect June 1, 2011 encompassing in-house and contract security personnel, alarm responders, and loss prevention. The legislation includes mandatory 40-hour Use of Force training to qualify to carry a baton, written policy and procedures, PPCT training standards, and trainer accreditation.
Ontario Occupational Health and Safety Act, as amended by Bill 168, makes Workplace Violence and Harassment programs mandatory for all employers and includes risk assessments, appropriate counter measures, immediate response procedures, and a reporting – investigative process. Work refusal rights are expanded and domestic violence associated to the workplace is included.
Quebec Private Security Act is fully in force encompassing security guards, private investigators, transportation of valuables services, locksmiths, electronic systems, and consultants. Mandatory minimum training is set at 70 hours for security guards and 135 hours for private investigators.
Ontario Private Security and Investigative Services Act and thirteen regulations are in full effect. In-house security employers and employees must now be compliant with registration, licensing, training and testing requirements. Policing & Security Management Services Inc. continues to monitor the application of the Act and regulations and develop corresponding compliance plans for our clients.
Patrick Shand died during an apprehension by store employees and mall security at a Toronto-area shopping centre. A 2004 coroner’s inquest determined that death was accidental resulting from ‘restraint asphyxia’ and that drug use was a factor. The jury made twenty-two recommendations that have been incorporated in Ontario security industry legislation. Policing & Security Management Services Inc. provided expert testimony at the inquest.
The Criminal Code, as amended in 2004 by Bill C-45, creates a legal duty on organizations and “everyone .. who directs how another person does work” to take reasonable steps to prevent bodily harm and penalties for failing to do so.
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