RSA 1980 cP16 s1;1994 cG8.5 s56

Exemption from Act
2   This Act does not apply to
(a) members of the Royal Canadian Mounted Police or of any police service while acting within the authority of their appointments,
(b) barristers and solicitors in the regular practice of their profession,
(c) members of the Canadian Corps of Commissionaires while acting within the scope of their authority,
(d) insurance adjustment agencies, insurance companies or the Fire Underwriters’ Investigation Bureau of Canada Incorporated while engaged in the usual course of their business or their employees or agents while acting in the usual and regular scope of their employment,
(e) a person who is engaged only in the business of obtaining or furnishing information as to the financial rating or standing of persons, or
(f) private investigators and security guards who are permanently employed by one employer in a business or undertaking other than the business of providing private investigators or security guards and whose work is confined to the affairs of that employer.

RSA 2000 cP23 s2;2005 c31 s29

Requirement for licence
3(1)  No person shall engage in the business of a private investigator for hire or reward without a private investigation agency licence issued under this Act.
(2)  No person shall act as a private investigator for a person who is engaged in the business of a private investigator without a private investigator licence issued under this Act.
(3)  When a person
(a) resides outside Alberta, and is employed in good faith there, by or on behalf of an employer or client who resides outside Alberta, to make an investigation or inquiry partly outside Alberta and partly within Alberta, and
(b) temporarily comes into Alberta solely for the purpose of that investigation or inquiry,
nothing in this section requires that person or that person’s employer to be the holder of a licence under this Act so long as the work of that person within Alberta is confined to the making of the investigation or inquiry for which that person was so employed outside Alberta.

RSA 1980 cP16 s3

Requirement for licence
4(1)  No person shall engage in the business of providing security guard service for hire or reward without a security guard agency licence issued under this Act.
(2)  No person shall act as a security guard for a person who is in the business of providing security guard service without a security guard licence issued under this Act.
(3)  For the purposes of this Act, a person is providing security guard service when the person acts as a security guard for more than one person or furnishes security guards for one or more persons.

RSA 1980 cP16 s4

Application for licence
5(1)  An application for a licence shall be made, in the prescribed form, to the Administrator and shall be accompanied with
(a) the prescribed licence fee,
(b) the security required under section 6, and
(c) any other information required by the regulations.
(2)  An application for a private investigation agency licence or a security guard agency licence shall be accompanied with an affidavit
(a) of the applicant,
(b) if the applicant is a partnership, of each of the partners, or
(c) if the applicant is a corporation, of each of the directors,
showing what, if any, convictions there are against the applicant.
(3)  An application for a private investigator’s licence or a security guard’s licence shall be accompanied with
(a) an affidavit of the applicant showing what, if any, convictions there are against the applicant, and
(b) a letter signed by a private investigation agency or a security guard agency stating that the applicant is or will be employed by the agency as a private investigator or security guard, as the case may be.

RSA 1980 cP16 s5

Security for licence
6   A licence shall not be issued to any person until there is deposited with the Administrator security, in the amount and form prescribed by the regulations, for faithful, honest and lawful performance by that person of the business or employment in respect of which the licence is to be held.

RSA 1980 cP16 s6

Issue of licence
7   The Administrator may make whatever inquiry and investigation the Administrator considers sufficient regarding
(a) an applicant for a licence,
(b) if the applicant is a partnership, each partner, or
(c) if the applicant is a corporation, each director,
and may issue or refuse to issue the licence applied for when in the Administrator’s opinion that action is in the public interest.

RSA 1980 cP16 s7;1985 c15 s33

Expiry of licence
8(1)  Subject to this section, a licence issued pursuant to this Act expires on December 31 of the year for which it was issued, unless sooner cancelled.
(2)  A temporary licence terminates in accordance with the regulations.
(3)  The licence of a private investigator
(a) terminates on the private investigator ceasing to be employed by a private investigation agency as a private investigator, and
(b) is suspended or cancelled, as the case may be, on the suspension or cancellation of the private investigation agency licence of the private investigator’s employer.
(4)  The licence of a security guard
(a) terminates on the security guard ceasing to be employed by a security guard agency as a security guard, and
(b) is suspended or cancelled, as the case may be, on the suspension or cancellation of the security guard agency licence of the security guard’s employer.

RSA 1980 cP16 s8

Suspension or cancellation of licence
9   The Administrator, in the Administrator’s discretion, may suspend or cancel a licence when the licensee, or one of the partners or directors of the licensee,
(a) is convicted of an indictable offence or an offence punishable by imprisonment for 2 or more years,
(b) is convicted of a contravention of this Act or the regulations,
(c) fails to pay a judgment against the licensee for damages sustained by reason of an act or omission of the licensee or of an employee of the licensee done or occurring in or in connection with the business or employment in respect of which the licence is held,
(d) has made an untrue statement
(i) in the licensee’s application for a licence, or
(ii) in a return made or information produced to the Administrator,
(e) neglects or refuses to make a return or to produce to the Administrator any information required pursuant to this Act or the regulations, or
(f) is not in the opinion of the Administrator a fit and proper person to hold a licence.

RSA 1980 cP16 s9

Appeal from suspension or cancellation of licence
10(1)  When the Administrator refuses to issue or renew a licence, or has suspended or proposes to suspend or cancel an existing licence issued under this Act, the Administrator shall inform the applicant or licensee of that decision in writing by registered mail stating the reasons for it and informing the applicant or licensee that the applicant or licensee may, within 15 days from receipt of the notification of the Administrator’s decision, submit a request in writing to the Administrator requesting that the decision be reviewed and providing any further submissions or material relevant to the consideration.
(2)  When requested to review a decision that may affect the granting of a licence or the right of a person to retain an existing licence, the Administrator shall consider the additional information provided and after reviewing the circumstances on which the Administrator based the original decision, within 30 days after receiving the request for a review, shall notify the applicant or licensee of the Administrator’s decision in writing by registered mail stating the reasons for it and advising the applicant or licensee of the right of appeal to the Law Enforcement Review Board.
(3)  Notification of a decision of the Administrator under subsection (1) or (2) may be sent to a person who is not a licensee by sending the notice by registered mail to the last known address of the person.
(4)  When the Administrator has given the Administrator’s decision on the review, the person who requested the review may appeal from the decision to the Board by serving a notice of appeal on the Administrator and on the secretary of the Board not later than 15 days after the time the appellant receives notification of the Administrator’s decision and the notice of appeal shall set out the grounds on which the appeal is based.
(5)  The Board may, before or after the expiration of the time for service of the notice of appeal, extend the time for service of the notice of appeal for a further period not exceeding 30 days from the date on which the time limit for service under subsection (4) expired or would expire.
(6)  The Board shall notify the appellant and the Administrator of the time and place for the hearing of the appeal and the appellant and the Administrator are entitled to appear and be represented by counsel.
(7)  The Board may decide the appeal from the record or evidence adduced before it.
(8)  The Board may confirm, reverse or vary the decision of the Administrator and may make any decision with respect to the subjectmatter of the appeal that the Administrator might have made in the first instance and the Administrator shall comply with the order of the Board.

RSA 1980 cP16 s10

Display of licence
11(1)  The holder of a private investigation agency licence or a security guard agency licence shall display that licence in a conspicuous position in the principal office or place in Alberta where the licensee is engaged in or carries on the business in respect of which the licence is held.
(2)  Each person in charge of or employed in an office or place of business of a private investigation agency or security guard agency, other than in the principal office or place of business, shall on request of any person inform that person of the address or location of the office or place of business in Alberta in which the licence is displayed.
(3)  The licences of private investigators or security guards shall be filed in the principal office of the private investigation agency or the security guard agency that employs them.

RSA 1980 cP16 s11

Records
12   The holder of a private investigation agency licence or a security guard agency licence shall keep complete records
(a) of the names and addresses of all persons acting for or employed by the holder in the carrying on of the business in respect of which the licence is held, and
(b) of each investigation or other work undertaken,
and shall produce those records for inspection at any time on the request of the Administrator or of a person authorized in writing by the Administrator to inspect the records.

RSA 1980 cP16 s12

Annual returns
13(1)  In the month of January in each year, a person who held a private investigation agency licence or a security guard agency licence in the preceding year shall file a return with the Administrator.
(2)  The return
(a) shall give the address of each office in which the person carried on the business in respect of which the licence was issued in the immediately preceding calendar year,
(b) shall give the names and addresses of each of the person’s agents and employees who have been acting for or employed by the person during the immediately preceding calendar year, and
(c) if an employee or agent has commenced or terminated employment during the year, the date of the commencement or termination.
(3)  The return shall contain any other information with respect to the agency prescribed by the regulations.

RSA 1980 cP16 s13

Enforcement of security
14(1)  When a person in respect of whom security is deposited under section 6 is liable to another person for damages sustained by that other person by reason of an act or omission of the secured person, or the secured person’s servant,
(a) during the course of the business or employment in respect of which the security was given, and
(b) during the period in respect of which the security was given,
the insurer on the security is, to the amount set out in the bond or policy, liable to indemnify the person who sustained the damage and that person may in an action for the damages join the insurer on the security, notwithstanding that that person is not a party to the security.
(2)  This section does not apply to any action commenced more than 2 years after the expiration or cancellation of the licence to which the security relates.

RSA 1980 cP16 s14

Information confidential
15   Except as legally authorized or required, a person who holds or has held a licence under this Act shall not divulge to anyone any information acquired by the person in the course of the business or employment in respect of which the licence is or was held.

RSA 1980 cP16 s15

Prohibition
16   A person who holds a licence under this Act shall not act, either with or without remuneration, as a collection agency or a collector of debts or accounts, nor shall the person hold out or advertise that the person is a collection agency or a collector of debts or accounts for any person.

RSA 1980 cP16 s16

Prohibitions
17   A person holding a licence under this Act shall not
(a) hold out in any manner that the person performs or provides services or duties ordinarily performed or provided by police, or
(b) at any time, whether by agreement with a municipality, Metis settlement or municipal police commission or otherwise, act as a member of the police service or perform the duties of a peace officer, including a peace officer appointed under the Peace Officer Act or a bylaw enforcement officer, unless
(i) the duties or services are restricted to the enforcement of municipal or Metis settlement bylaws pertaining to the parking of vehicles, and
(ii) the person is acting as a security guard and possesses an appointment as a bylaw enforcement officer.

RSA 2000 cP23 s17;2006 cP3.5 s39

Unlicensed employees
18(1)  No private investigation agency shall employ any person as a private investigator unless that person holds a private investigator licence.
(2)  No security guard agency shall employ any person as a security guard unless that person holds a security guard licence.

RSA 1980 cP16 s18

Identification
19(1)  No person shall have in the person’s possession or display any badge, shield, card or other object purporting to indicate that the person is licensed under this Act except a prescribed identification card issued to the person under the regulations.
(2)  Every licensee shall, while engaged in the business or employment in respect of which the licence is held, carry the prescribed identification card issued to the licensee under the regulations and shall produce it for the inspection of any person who requests to see it.
(3)  No person other than the licensee to whom it has been issued shall have in the person’s possession any prescribed identification card.

RSA 1980 cP16 s19

Use of title “private detective”
20   No person engaged in any business or employment shall use the expression “private detective” in connection with that business or employment or hold out in any manner that the person is a private detective.

RSA 1980 cP16 s20

Prohibition
21(1)  No person shall
(a) advertise, or
(b) hold out in any manner,
that the person acts as a private investigator or is engaged in the business of a private investigator unless the person holds a private investigation agency licence.
(2)  No person shall
(a) advertise, or
(b) hold out in any manner,
that the person acts as a security guard or is engaged in the business of providing security guard service unless the person holds a security guard agency licence.

RSA 1980 cP16 s21

Offences and penalties
22(1)  A person who contravenes section 3 or 4 is guilty of an offence and liable to a fine of not more than $500 and in default of payment to imprisonment for a term not exceeding 12 months.
(2)  A person who contravenes any provision of this Act or the regulations for which a penalty is not otherwise provided is guilty of an offence and liable to a fine of not more than $200 and in default of payment to imprisonment for a term not exceeding 6 months.
(3)  A person who is convicted of a 2nd or subsequent offence under this Act may, in addition to or instead of any other penalty, be sentenced to a term of imprisonment of not more than one year.

RSA 1980 cP16 s22

Proof of being licensed
23(1)  A certificate purporting to be signed by the Administrator and to the effect that the person named in it did or did not at any given time or during any given period hold a licence as
(a) a private investigation agency,
(b) a private investigator,
(c) a security guard agency, or
(d) a security guard,
shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the signature or appointment of the person signing the certificate.
(2)  A statement in a letter, advertisement, card or other document or paper to the effect that a person is engaged in the business of a private investigator or is acting as a private investigator is admissible in evidence as proof, in the absence of evidence to the contrary, that the person is so engaged or acting, as the case may be.

RSA 1980 cP16 s23

Regulations
24   The Lieutenant Governor in Council may make regulations
(a) prescribing the fees payable for different classes of licences;
(b) prescribing the amount and form of security to be given under section 6 for different classes of licences;
(c) prescribing forms and providing for their use;
(d) providing for, and prescribing the term and other conditions of, temporary licences;
(e) requiring records to be kept and returns to be made to the Administrator;
(f) respecting advertising by persons licensed under this Act;
(g) requiring and governing the surrender of licences that have been suspended or cancelled or that have terminated;
(h) prescribing and regulating the issue and use of identification cards by persons licensed under this Act;
(i) governing the uniforms that may be worn and the equipment that may be used by security guards and prohibiting the wearing of uniforms by private investigators;
(j) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

RSA 1980 cP16 s24

Personal Information Protection and Electronic Documents Act
2000, c. 5
[Assented to April 13th, 2000]

An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title
1. This Act may be cited as the Personal Information Protection and Electronic Documents Act.

PART 1
PROTECTION OF PERSONAL INFORMATION IN THE PRIVATE SECTOR
Interpretation

Definitions
2. (1) The definitions in this subsection apply in this Part.

“alternative format”
« support de substitution »
“alternative format”, with respect to personal information, means a format that allows a person with a sensory disability to read or listen to the personal information.

“commercial activity”
« activité commerciale »
“commercial activity” means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists.

“Commissioner”
« commissaire »
“Commissioner” means the Privacy Commissioner appointed under section 53 of the Privacy Act.

“Court”
« Cour »
“Court” means the Federal Court.

“federal work, undertaking or business”
« entreprises fédérales »
“federal work, undertaking or business” means any work, undertaking or business that is within the legislative authority of Parliament. It includes
(a) a work, undertaking or business that is operated or carried on for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship anywhere in Canada;
(b) a railway, canal, telegraph or other work or undertaking that connects a province with another province, or that extends beyond the limits of a province;
(c) a line of ships that connects a province with another province, or that extends beyond the limits of a province;
(d) a ferry between a province and another province or between a province and a country other than Canada;
(e) aerodromes, aircraft or a line of air transportation;
(f) a radio broadcasting station;
(g) a bank;
(h) a work that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more provinces;
(i) a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces; and
(j) a work, undertaking or business to which federal laws, within the meaning of section 2 of the Oceans Act, apply under section 20 of that Act and any regulations made under paragraph 26(1)(k) of that Act.

“organization”
« organisation »
“organization” includes an association, a partnership, a person and a trade union.

“personal health information”
« renseignement personnel sur la santé »
“personal health information”, with respect to an individual, whether living or deceased, means
(a) information concerning the physical or mental health of the individual;
(b) information concerning any health service provided to the individual;
(c) information concerning the donation by the individual of any body part or any bodily substance of the individual or information derived from the testing or examination of a body part or bodily substance of the individual;
(d) information that is collected in the course of providing health services to the individual; or
(e) information that is collected incidentally to the provision of health services to the individual.

“personal information”
« renseignement personnel »
“personal information” means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.

“record”
« document »
“record” includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine-readable record and any other documentary material, regardless of physical form or characteristics, and any copy of any of those things.
Notes in Schedule 1
(2) In this Part, a reference to clause 4.3 or 4.9 of Schedule 1 does not include a reference to the note that accompanies that clause.
2000, c. 5, s. 2; 2002, c. 8, s. 183.

Purpose

Purpose
3. The purpose of this Part is to establish, in an era in which technology increasingly facilitates the circulation and exchange of information, rules to govern the collection, use and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of organizations to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances.

Application

Application
4. (1) This Part applies to every organization in respect of personal information that
(a) the organization collects, uses or discloses in the course of commercial activities; or
(b) is about an employee of the organization and that the organization collects, uses or discloses in connection with the operation of a federal work, undertaking or business.
Limit
(2) This Part does not apply to
(a) any government institution to which the Privacy Act applies;
(b) any individual in respect of personal information that the individual collects, uses or discloses for personal or domestic purposes and does not collect, use or disclose for any other purpose; or
(c) any organization in respect of personal information that the organization collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose.
Other Acts
*(3) Every provision of this Part applies despite any provision, enacted after this subsection comes into force, of any other Act of Parliament, unless the other Act expressly declares that that provision operates despite the provision of this Part.
* [Note: Subsection 4(3) in force January 1, 2001, see SI/2000-29.]
Certificate under Canada Evidence Act
4.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Part in respect of a request for access to that information, the provisions of this Part respecting that individual’s right of access to his or her personal information do not apply to the information that is subject to the certificate.
Certificate following filing of complaint
(2) Notwithstanding any other provision of this Part, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued after the filing of a complaint under this Part in relation to a request for access to that information:
(a) all proceedings under this Part in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued;
(b) the Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and
(c) the Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the organization that provided the information.
Information not to be disclosed
(3) The Commissioner and every person acting on behalf or under the direction of the Commissioner, in carrying out their functions under this Part, shall not disclose information subject to a certificate issued under section 38.13 of the Canada Evidence Act, and shall take every reasonable precaution to avoid the disclosure of that information.
Power to delegate
(4) The Commissioner may not delegate the investigation of any complaint relating to information subject to a certificate issued under section 38.13 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.
2001, c. 41, s. 103.

Division 1
Protection of Personal Information

Compliance with obligations
5. (1) Subject to sections 6 to 9, every organization shall comply with the obligations set out in Schedule 1.
Meaning of “should”
(2) The word “should”, when used in Schedule 1, indicates a recommendation and does not impose an obligation.
Appropriate purposes
(3) An organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances.
Effect of designation of individual
6. The designation of an individual under clause 4.1 of Schedule 1 does not relieve the organization of the obligation to comply with the obligations set out in that Schedule.
Collection without knowledge or consent
7. (1) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may collect personal information without the knowledge or consent of the individual only if
(a) the collection is clearly in the interests of the individual and consent cannot be obtained in a timely way;
(b) it is reasonable to expect that the collection with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province;
(c) the collection is solely for journalistic, artistic or literary purposes;
(d) the information is publicly available and is specified by the regulations; or
(e) the collection is made for the purpose of making a disclosure
(i) under subparagraph (3)(c.1)(i) or (d)(ii), or
(ii) that is required by law.
Use without knowledge or consent
(2) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may, without the knowledge or consent of the individual, use personal information only if
(a) in the course of its activities, the organization becomes aware of information that it has reasonable grounds to believe could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, and the information is used for the purpose of investigating that contravention;
(b) it is used for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual;
(c) it is used for statistical, or scholarly study or research, purposes that cannot be achieved without using the information, the information is used in a manner that will ensure its confidentiality, it is impracticable to obtain consent and the organization informs the Commissioner of the use before the information is used;
(c.1) it is publicly available and is specified by the regulations; or
(d) it was collected under paragraph (1)(a), (b) or (e).
Disclosure without knowledge or consent
(3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is
(a) made to, in the Province of Quebec, an advocate or notary or, in any other province, a barrister or solicitor who is representing the organization;
(b) for the purpose of collecting a debt owed by the individual to the organization;
(c) required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records;
(c.1) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that
(i) it suspects that the information relates to national security, the defence of Canada or the conduct of international affairs,
(ii) the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law, or
(iii) the disclosure is requested for the purpose of administering any law of Canada or a province;
(c.2) made to the government institution mentioned in section 7 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as required by that section;
*(c.2) made to the government institution mentioned in section 7 of the Proceeds of Crime (Money Laundering) Act as required by that section;
(d) made on the initiative of the organization to an investigative body, a government institution or a part of a government institution and the organization
(i) has reasonable grounds to believe that the information relates to a breach of an agreement or a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, or
(ii) suspects that the information relates to national security, the defence of Canada or the conduct of international affairs;
(e) made to a person who needs the information because of an emergency that threatens the life, health or security of an individual and, if the individual whom the information is about is alive, the organization informs that individual in writing without delay of the disclosure;
(f) for statistical, or scholarly study or research, purposes that cannot be achieved without disclosing the information, it is impracticable to obtain consent and the organization informs the Commissioner of the disclosure before the information is disclosed;
(g) made to an institution whose functions include the conservation of records of historic or archival importance, and the disclosure is made for the purpose of such conservation;
(h) made after the earlier of
(i) one hundred years after the record containing the information was created, and
(ii) twenty years after the death of the individual whom the information is about;
(h.1) of information that is publicly available and is specified by the regulations;
(h.2) made by an investigative body and the disclosure is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province; or
(i) required by law.
Use without consent
(4) Despite clause 4.5 of Schedule 1, an organization may use personal information for purposes other than those for which it was collected in any of the circumstances set out in subsection (2).
Disclosure without consent
(5) Despite clause 4.5 of Schedule 1, an organization may disclose personal information for purposes other than those for which it was collected in any of the circumstances set out in paragraphs (3)(a) to (h.2).
2000, c. 5, s. 7, c. 17, s. 97; 2001, c. 41, s. 81; 2004, c. 15, s. 98.
* [Note: Paragraph 7(3)(c.2), as enacted by paragraph 97(1)(a) of chapter 17 of the Statutes of Canada, 2000, will be repealed at a later date.]
Written request
8. (1) A request under clause 4.9 of Schedule 1 must be made in writing.
Assistance
(2) An organization shall assist any individual who informs the organization that they need assistance in preparing a request to the organization.
Time limit
(3) An organization shall respond to a request with due diligence and in any case not later than thirty days after receipt of the request.
Extension of time limit
(4) An organization may extend the time limit
(a) for a maximum of thirty days if
(i) meeting the time limit would unreasonably interfere with the activities of the organization, or
(ii) the time required to undertake any consultations necessary to respond to the request would make the time limit impracticable to meet; or
(b) for the period that is necessary in order to be able to convert the personal information into an alternative format.
In either case, the organization shall, no later than thirty days after the date of the request, send a notice of extension to the individual, advising them of the new time limit, the reasons for extending the time limit and of their right to make a complaint to the Commissioner in respect of the extension.
Deemed refusal
(5) If the organization fails to respond within the time limit, the organization is deemed to have refused the request.
Costs for responding
(6) An organization may respond to an individual’s request at a cost to the individual only if
(a) the organization has informed the individual of the approximate cost; and
(b) the individual has advised the organization that the request is not being withdrawn.
Reasons
(7) An organization that responds within the time limit and refuses a request shall inform the individual in writing of the refusal, setting out the reasons and any recourse that they may have under this Part.
Retention of information
(8) Despite clause 4.5 of Schedule 1, an organization that has personal information that is the subject of a request shall retain the information for as long as is necessary to allow the individual to exhaust any recourse under this Part that they may have.
When access prohibited
9. (1) Despite clause 4.9 of Schedule 1, an organization shall not give an individual access to personal information if doing so would likely reveal personal information about a third party. However, if the information about the third party is severable from the record containing the information about the individual, the organization shall sever the information about the third party before giving the individual access.
Limit
(2) Subsection (1) does not apply if the third party consents to the access or the individual needs the information because an individual’s life, health or security is threatened.
Information related to paragraphs 7(3)(c), (c.1) or (d)
(2.1) An organization shall comply with subsection (2.2) if an individual requests that the organization
(a) inform the individual about
(i) any disclosure of information to a government institution or a part of a government institution under paragraph 7(3)(c), subparagraph 7(3)(c.1)(i) or (ii) or paragraph 7(3)(c.2) or (d), or
(ii) the existence of any information that the organization has relating to a disclosure referred to in subparagraph (i), to a subpoena, warrant or order referred to in paragraph 7(3)(c) or to a request made by a government institution or a part of a government institution under subparagraph 7(3)(c.1)(i) or (ii); or
(b) give the individual access to the information referred to in subparagraph (a)(ii).
Notification and response
(2.2) An organization to which subsection (2.1) applies
(a) shall, in writing and without delay, notify the institution or part concerned of the request made by the individual; and
(b) shall not respond to the request before the earlier of
(i) the day on which it is notified under subsection (2.3), and
(ii) thirty days after the day on which the institution or part was notified.
Objection
(2.3) Within thirty days after the day on which it is notified under subsection (2.2), the institution or part shall notify the organization whether or not the institution or part objects to the organization complying with the request. The institution or part may object only if the institution or part is of the opinion that compliance with the request could reasonably be expected to be injurious to
(a) national security, the defence of Canada or the conduct of international affairs;
(a.1) the detection, prevention or deterrence of money laundering or the financing of terrorist activities; or
*(a.1) the detection, prevention or deterrence of money laundering; or
(b) the enforcement of any law of Canada, a province or a foreign jurisdiction, an investigation relating to the enforcement of any such law or the gathering of intelligence for the purpose of enforcing any such law.
Prohibition
(2.4) Despite clause 4.9 of Schedule 1, if an organization is notified under subsection (2.3) that the institution or part objects to the organization complying with the request, the organization
(a) shall refuse the request to the extent that it relates to paragraph (2.1)(a) or to information referred to in subparagraph (2.1)(a)(ii);
(b) shall notify the Commissioner, in writing and without delay, of the refusal; and
(c) shall not disclose to the individual
(i) any information that the organization has relating to a disclosure to a government institution or a part of a government institution under paragraph 7(3)(c), subparagraph 7(3)(c.1)(i) or (ii) or paragraph 7(3)(c.2) or (d) or to a request made by a government institution under either of those subparagraphs,
(ii) that the organization notified an institution or part under paragraph (2.2)(a) or the Commissioner under paragraph (b), or
(iii) that the institution or part objects.
When access may be refused
(3) Despite the note that accompanies clause 4.9 of Schedule 1, an organization is not required to give access to personal information only if
(a) the information is protected by solicitor-client privilege;
(b) to do so would reveal confidential commercial information;
(c) to do so could reasonably be expected to threaten the life or security of another individual;
(c.1) the information was collected under paragraph 7(1)(b);
(d) the information was generated in the course of a formal dispute resolution process; or
(e) the information was created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.
However, in the circumstances described in paragraph (b) or (c), if giving access to the information would reveal confidential commercial information or could reasonably be expected to threaten the life or security of another individual, as the case may be, and that information is severable from the record containing any other information for which access is requested, the organization shall give the individual access after severing.
Limit
(4) Subsection (3) does not apply if the individual needs the information because an individual’s life, health or security is threatened.
Notice
(5) If an organization decides not to give access to personal information in the circumstances set out in paragraph (3)(c.1), the organization shall, in writing, so notify the Commissioner, and shall include in the notification any information that the Commissioner may specify.
2000, c. 5, s. 9, c. 17, s. 97; 2001, c. 41, s. 82; 2005, c. 46, s. 57; 2006, c. 9, s. 223.
* [Note: Paragraph 9(2.3)(a.1), as enacted by paragraph 97(1)(c) of chapter 17 of the Statutes of Canada, 2000, will be repealed at a later date.]
Sensory disability
10. An organization shall give access to personal information in an alternative format to an individual with a sensory disability who has a right of access to personal information under this Part and who requests that it be transmitted in the alternative format if
(a) a version of the information already exists in that format; or
(b) its conversion into that format is reasonable and necessary in order for the individual to be able to exercise rights under this Part.

Division 2
Remedies
Filing of Complaints

Contravention
11. (1) An individual may file with the Commissioner a written complaint against an organization for contravening a provision of Division 1 or for not following a recommendation set out in Schedule 1.
Commissioner may initiate complaint
(2) If the Commissioner is satisfied that there are reasonable grounds to investigate a matter under this Part, the Commissioner may initiate a complaint in respect of the matter.
Time limit
(3) A complaint that results from the refusal to grant a request under section 8 must be filed within six months, or any longer period that the Commissioner allows, after the refusal or after the expiry of the time limit for responding to the request, as the case may be.
Notice
(4) The Commissioner shall give notice of a complaint to the organization against which the complaint was made.

Investigations of Complaints

Powers of Commissioner
12. (1) The Commissioner shall conduct an investigation in respect of a complaint and, for that purpose, may
(a) summon and enforce the appearance of persons before the Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Commissioner considers necessary to investigate the complaint, in the same manner and to the same extent as a superior court of record;
(b) administer oaths;
(c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Commissioner sees fit, whether or not it is or would be admissible in a court of law;
(d) at any reasonable time, enter any premises, other than a dwelling-house, occupied by an organization on satisfying any security requirements of the organization relating to the premises;
(e) converse in private with any person in any premises entered under paragraph (d) and otherwise carry out in those premises any inquiries that the Commissioner sees fit; and
(f) examine or obtain copies of or extracts from records found in any premises entered under paragraph (d) that contain any matter relevant to the investigation.
Dispute resolution mechanisms
(2) The Commissioner may attempt to resolve complaints by means of dispute resolution mechanisms such as mediation and conciliation.
Delegation
(3) The Commissioner may delegate any of the powers set out in subsection (1) or (2).
Return of records
(4) The Commissioner or the delegate shall return to a person or an organization any record or thing that they produced under this section within ten days after they make a request to the Commissioner or the delegate, but nothing precludes the Commissioner or the delegate from again requiring that the record or thing be produced.
Certificate of delegation
(5) Any person to whom powers set out in subsection (1) are delegated shall be given a certificate of the delegation and the delegate shall produce the certificate, on request, to the person in charge of any premises to be entered under paragraph (1)(d).

Commissioner’s Report

Contents
13. (1) The Commissioner shall, within one year after the day on which a complaint is filed or is initiated by the Commissioner, prepare a report that contains
(a) the Commissioner’s findings and recommendations;
(b) any settlement that was reached by the parties;
(c) if appropriate, a request that the organization give the Commissioner, within a specified time, notice of any action taken or proposed to be taken to implement the recommendations contained in the report or reasons why no such action has been or is proposed to be taken; and
(d) the recourse, if any, that is available under section 14.
Where no report
(2) The Commissioner is not required to prepare a report if the Commissioner is satisfied that
(a) the complainant ought first to exhaust grievance or review procedures otherwise reasonably available;
(b) the complaint could more appropriately be dealt with, initially or completely, by means of a procedure provided for under the laws of Canada, other than this Part, or the laws of a province;
(c) the length of time that has elapsed between the date when the subject-matter of the complaint arose and the date when the complaint was filed is such that a report would not serve a useful purpose; or
(d) the complaint is trivial, frivolous or vexatious or is made in bad faith.
If a report is not to be prepared, the Commissioner shall inform the complainant and the organization and give reasons.
Report to parties
(3) The report shall be sent to the complainant and the organization without delay.

Hearing by Court

Application
14. (1) A complainant may, after receiving the Commissioner’s report, apply to the Court for a hearing in respect of any matter in respect of which the complaint was made, or that is referred to in the Commissioner’s report, and that is referred to in clause 4.1.3, 4.2, 4.3.3, 4.4, 4.6, 4.7 or 4.8 of Schedule 1, in clause 4.3, 4.5 or 4.9 of that Schedule as modified or clarified by Division 1, in subsection 5(3) or 8(6) or (7) or in section 10.
Time of application
(2) The application must be made within forty-five days after the report is sent or within any further time that the Court may, either before or after the expiry of those forty-five days, allow.
For greater certainty
(3) For greater certainty, subsections (1) and (2) apply in the same manner to complaints referred to in subsection 11(2) as to complaints referred to in subsection 11(1).
Commissioner may apply or appear
15. The Commissioner may, in respect of a complaint that the Commissioner did not initiate,
(a) apply to the Court, within the time limited by section 14, for a hearing in respect of any matter described in that section, if the Commissioner has the consent of the complainant;
(b) appear before the Court on behalf of any complainant who has applied for a hearing under section 14; or
(c) with leave of the Court, appear as a party to any hearing applied for under section 14.
Remedies
16. The Court may, in addition to any other remedies it may give,
(a) order an organization to correct its practices in order to comply with sections 5 to 10;
(b) order an organization to publish a notice of any action taken or proposed to be taken to correct its practices, whether or not ordered to correct them under paragraph (a); and
(c) award damages to the complainant, including damages for any humiliation that the complainant has suffered.
Summary hearings
17. (1) An application made under section 14 or 15 shall be heard and determined without delay and in a summary way unless the Court considers it inappropriate to do so.
Precautions
(2) In any proceedings arising from an application made under section 14 or 15, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex parte and conducting hearings in camera, to avoid the disclosure by the Court or any person of any information or other material that the organization would be authorized to refuse to disclose if it were requested under clause 4.9 of Schedule 1.

Division 3
Audits

To ensure compliance
18. (1) The Commissioner may, on reasonable notice and at any reasonable time, audit the personal information management practices of an organization if the Commissioner has reasonable grounds to believe that the organization is contravening a provision of Division 1 or is not following a recommendation set out in Schedule 1, and for that purpose may
(a) summon and enforce the appearance of persons before the Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Commissioner considers necessary for the audit, in the same manner and to the same extent as a superior court of record;
(b) administer oaths;
(c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Commissioner sees fit, whether or not it is or would be admissible in a court of law;
(d) at any reasonable time, enter any premises, other than a dwelling-house, occupied by the organization on satisfying any security requirements of the organization relating to the premises;
(e) converse in private with any person in any premises entered under paragraph (d) and otherwise carry out in those premises any inquiries that the Commissioner sees fit; and
(f) examine or obtain copies of or extracts from records found in any premises entered under paragraph (d) that contain any matter relevant to the audit.
Delegation
(2) The Commissioner may delegate any of the powers set out in subsection (1).
Return of records
(3) The Commissioner or the delegate shall return to a person or an organization any record or thing they produced under this section within ten days after they make a request to the Commissioner or the delegate, but nothing precludes the Commissioner or the delegate from again requiring that the record or thing be produced.
Certificate of delegation
(4) Any person to whom powers set out in subsection (1) are delegated shall be given a certificate of the delegation and the delegate shall produce the certificate, on request, to the person in charge of any premises to be entered under paragraph (1)(d).
Report of findings and recommendations
19. (1) After an audit, the Commissioner shall provide the audited organization with a report that contains the findings of the audit and any recommendations that the Commissioner considers appropriate.
Reports may be included in annual reports
(2) The report may be included in a report made under section 25.

Division 4
General

Confidentiality
20. (1) Subject to subsections (2) to (5), 13(3) and 19(1), the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part.
Public interest
(2) The Commissioner may make public any information relating to the personal information management practices of an organization if the Commissioner considers that it is in the public interest to do so.
Disclosure of necessary information
(3) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information that in the Commissioner’s opinion is necessary to
(a) conduct an investigation or audit under this Part; or
(b) establish the grounds for findings and recommendations contained in any report under this Part.
Disclosure in the course of proceedings
(4) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information in the course of
(a) a prosecution for an offence under section 28;
(b) a prosecution for an offence under section 132 of the Criminal Code (perjury) in respect of a statement made under this Part;
(c) a hearing before the Court under this Part; or
(d) an appeal from a decision of the Court.
Disclosure of offence authorized
(5) The Commissioner may disclose to the Attorney General of Canada or of a province, as the case may be, information relating to the commission of an offence against any law of Canada or a province on the part of an officer or employee of an organization if, in the Commissioner’s opinion, there is evidence of an offence.
Not competent witness
21. The Commissioner or person acting on behalf or under the direction of the Commissioner is not a competent witness in respect of any matter that comes to their knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part in any proceeding other than
(a) a prosecution for an offence under section 28;
(b) a prosecution for an offence under section 132 of the Criminal Code (perjury) in respect of a statement made under this Part;
(c) a hearing before the Court under this Part; or
(d) an appeal from a decision of the Court.
Protection of Commissioner
22. (1) No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith as a result of the performance or exercise or purported performance or exercise of any duty or power of the Commissioner under this Part.
Libel or slander
(2) For the purposes of any law relating to libel or slander,
(a) anything said, any information supplied or any record or thing produced in good faith in the course of an investigation or audit carried out by or on behalf of the Commissioner under this Part is privileged; and
(b) any report made in good faith by the Commissioner under this Part and any fair and accurate account of the report made in good faith for the purpose of news reporting is privileged.
Consultations with provinces
23. (1) If the Commissioner considers it appropriate to do so, or on the request of an interested person, the Commissioner may, in order to ensure that personal information is protected in as consistent a manner as possible, consult with any person who, under provincial legislation that is substantially similar to this Part, has powers and duties similar to those of the Commissioner.
Agreements
(2) The Commissioner may enter into agreements with any person with whom the Commissioner may consult under subsection (1)
(a) to coordinate the activities of their offices and the office of the Commissioner, including to provide for mechanisms for the handling of any complaint in which they are mutually interested;
(b) to undertake and publish research related to the protection of personal information; and
(c) to develop model contracts for the protection of personal information that is collected, used or disclosed interprovincially or internationally.
Promoting the purposes of the Part
24. The Commissioner shall
(a) develop and conduct information programs to foster public understanding, and recognition of the purposes, of this Part;
(b) undertake and publish research that is related to the protection of personal information, including any such research that is requested by the Minister of Industry;
(c) encourage organizations to develop detailed policies and practices, including organizational codes of practice, to comply with sections 5 to 10; and
(d) promote, by any means that the Commissioner considers appropriate, the purposes of this Part.
Annual report
25. (1) The Commissioner shall, as soon as practicable after the end of each calendar year, submit to Parliament a report concerning the application of this Part, the extent to which the provinces have enacted legislation that is substantially similar to this Part and the application of any such legislation.
Consultation
(2) Before preparing the report, the Commissioner shall consult with those persons in the provinces who, in the Commissioner’s opinion, are in a position to assist the Commissioner in reporting respecting personal information that is collected, used or disclosed interprovincially or internationally.
Regulations
26. (1) The Governor in Council may make regulations
(a) specifying, by name or by class, what is a government institution or part of a government institution for the purposes of any provision of this Part;
(a.01) specifying, by name or by class, what is an investigative body for the purposes of paragraph 7(3)(d) or (h.2);
(a.1) specifying information or classes of information for the purpose of paragraph 7(1)(d), (2)(c.1) or (3)(h.1); and
(b) for carrying out the purposes and provisions of this Part.
Orders
(2) The Governor in Council may, by order,
(a) provide that this Part is binding on any agent of Her Majesty in right of Canada to which the Privacy Act does not apply; and
(b) if satisfied that legislation of a province that is substantially similar to this Part applies to an organization, a class of organizations, an activity or a class of activities, exempt the organization, activity or class from the application of this Part in respect of the collection, use or disclosure of personal information that occurs within that province.
Whistleblowing
27. (1) Any person who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of Division 1, may notify the Commissioner of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.
Confidentiality
(2) The Commissioner shall keep confidential the identity of a person who has notified the Commissioner under subsection (1) and to whom an assurance of confidentiality has been provided by the Commissioner.
Prohibition
27.1 (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that
(a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that the employer or any other person has contravened or intends to contravene a provision of Division 1;
(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of Division 1;
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of Division 1 not be contravened; or
(d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).
Saving
(2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.
Definitions
(3) In this section, “employee” includes an independent contractor and “employer” has a corresponding meaning.
Offence and punishment
28. Every person who knowingly contravenes subsection 8(8) or 27.1(1) or who obstructs the Commissioner or the Commissioner’s delegate in the investigation of a complaint or in conducting an audit is guilty of
(a) an offence punishable on summary conviction and liable to a fine not exceeding $10,000; or
(b) an indictable offence and liable to a fine not exceeding $100,000.
Review of Part by parliamentary committee
*29. (1) The administration of this Part shall, every five years after this Part comes into force, be reviewed by the committee of the House of Commons, or of both Houses of Parliament, that may be designated or established by Parliament for that purpose.
Review and report
(2) The committee shall undertake a review of the provisions and operation of this Part and shall, within a year after the review is undertaken or within any further period that the House of Commons may authorize, submit a report to Parliament that includes a statement of any changes to this Part or its administration that the committee recommends.
* [Note: Part 1 in force January 1, 2001, see SI/2000-29.]

Division 5
Transitional Provisions

Application
30. (1) This Part does not apply to any organization in respect of personal information that it collects, uses or discloses within a province whose legislature has the power to regulate the collection, use or disclosure of the information, unless the organization does it in connection with the operation of a federal work, undertaking or business or the organization discloses the information outside the province for consideration.
Application
(1.1) This Part does not apply to any organization in respect of personal health information that it collects, uses or discloses.
Expiry date
*(2) Subsection (1) ceases to have effect three years after the day on which this section comes into force.
Expiry date
*(2.1) Subsection (1.1) ceases to have effect one year after the day on which this section comes into force.
* [Note: Section 30 in force January 1, 2001, see SI/2000-29.]
* [Note: Section 30 in force January 1, 2001, see SI/2000-29.]

PART 2
ELECTRONIC DOCUMENTS
Interpretation

Definitions
31. (1) The definitions in this subsection apply in this Part.

“data”
« données »
“data” means representations of information or concepts, in any form.

“electronic document”
« document électronique »
“electronic document” means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data.

“electronic signature”
« signature électronique »
“electronic signature” means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document.

“federal law”
« texte législatif »
“federal law” means an Act of Parliament or an instrument, regardless of its name, issued, made or established under an Act of Parliament or a prerogative of the Crown, other than an instrument issued, made or established under the Yukon Act, the Northwest Territories Act or the Nunavut Act.

“responsible authority”
« autorité responsable »
“responsible authority”, in respect of a provision of a federal law, means
(a) if the federal law is an Act of Parliament, the minister responsible for that provision;
(b) if the federal law is an instrument issued, made or established under an Act of Parliament or a prerogative of the Crown, the person or body who issued, made or established the instrument; or
(c) despite paragraph (a) or (b), the person or body designated by the Governor in Council under subsection (2).

“secure electronic signature”
« signature électronique sécurisée »
“secure electronic signature” means an electronic signature that results from the application of a technology or process prescribed by regulations made under subsection 48(1).
Designation
(2) The Governor in Council may, by order, for the purposes of this Part, designate any person, including any member of the Queen’s Privy Council for Canada, or body to be the responsible authority in respect of a provision of a federal law if the Governor in Council is of the opinion that it is appropriate to do so in the circumstances.

Purpose

Purpose
32. The purpose of this Part is to provide for the use of electronic alternatives in the manner provided for in this Part where federal laws contemplate the use of paper to record or communicate information or transactions.

Electronic Alternatives

Collection, storage, etc.
33. A minister of the Crown and any department, branch, office, board, agency, commission, corporation or body for the administration of affairs of which a minister of the Crown is accountable to the Parliament of Canada may use electronic means to create, collect, receive, store, transfer, distribute, publish or otherwise deal with documents or information whenever a federal law does not specify the manner of doing so.
Electronic payment
34. A payment that is required to be made to the Government of Canada may be made in electronic form in any manner specified by the Receiver General.
Electronic version of statutory form
35. (1) If a provision of an Act of Parliament establishes a form, the responsible authority in respect of that provision may make regulations respecting an electronic form that is substantially the same as the form established in the provision, and the electronic form may be used for the same purposes as the form established in the provision.
Statutory manner of filing documents
(2) If a non-electronic manner of filing a document is set out in a provision of an Act of Parliament, the responsible authority in respect of that provision may make regulations respecting the filing of an electronic version of the document, and an electronic version of the document filed in accordance with those regulations is to be considered as a document filed in accordance with the provision.
Statutory manner of submitting information
(3) If a non-electronic manner of submitting information is set out in a provision of an Act of Parliament, the responsible authority in respect of that provision may make regulations respecting the manner of submitting the information using electronic means, and information submitted in accordance with those regulations is to be considered as information submitted in accordance with the provision.
Authority to prescribe form, etc.
(4) The authority under a federal law to issue, prescribe or in any other manner establish a form, or to establish the manner of filing a document or submitting information, includes the authority to issue, prescribe or establish an electronic form, or to establish an electronic manner of filing the document or submitting information, as the case may be.
Meaning of “filing”
(5) In this section, “filing” includes all manner of submitting, regardless of how it is designated.
Documents as evidence or proof
36. A provision of a federal law that provides that a certificate or other document signed by a minister or public officer is proof of any matter or thing, or is admissible in evidence, is, subject to the federal law, satisfied by an electronic version of the certificate or other document if the electronic version is signed by the minister or public officer with that person’s secure electronic signature.
Retention of documents
37. A requirement under a provision of a federal law to retain a document for a specified period is satisfied, with respect to an electronic document, by the retention of the electronic document if
(a) the electronic document is retained for the specified period in the format in which it was made, sent or received, or in a format that does not change the information contained in the electronic document that was originally made, sent or received;
(b) the information in the electronic document will be readable or perceivable by any person who is entitled to have access to the electronic document or who is authorized to require the production of the electronic document; and
(c) if the electronic document was sent or received, any information that identifies the origin and destination of the electronic document and the date and time when it was sent or received is also retained.
Notarial act
38. A reference in a provision of a federal law to a document recognized as a notarial act in the province of Quebec is deemed to include an electronic version of the document if
(a) the electronic version of the document is recognized as a notarial act under the laws of the province of Quebec; and
(b) the federal law or the provision is listed in Schedule 2 or 3.
Seals
39. A requirement under a provision of a federal law for a person’s seal is satisfied by a secure electronic signature that identifies the secure electronic signature as the person’s seal if the federal law or the provision is listed in Schedule 2 or 3.
Requirements to provide documents or information
40. A provision of a federal law requiring a person to provide another person with a document or information, other than a provision referred to in any of sections 41 to 47, is satisfied by the provision of the document or information in electronic form if
(a) the federal law or the provision is listed in Schedule 2 or 3;
(b) both persons have agreed to the document or information being provided in electronic form; and
(c) the document or information in electronic form will be under the control of the person to whom it is provided and will be readable or perceivable so as to be usable for subsequent reference.
Writing requirements
41. A requirement under a provision of a federal law for a document to be in writing is satisfied by an electronic document if
(a) the federal law or the provision is listed in Schedule 2 or 3; and
(b) the regulations respecting the application of this section to the provision have been complied with.
Original documents
42. A requirement under a provision of a federal law for a document to be in its original form is satisfied by an electronic document if
(a) the federal law or the provision is listed in Schedule 2 or 3;
(b) the electronic document contains a secure electronic signature that was added when the electronic document was first generated in its final form and that can be used to verify that the electronic document has not been changed since that time; and
(c) the regulations respecting the application of this section to the provision have been complied with.
Signatures
43. Subject to sections 44 to 46, a requirement under a provision of a federal law for a signature is satisfied by an electronic signature if
(a) the federal law or the provision is listed in Schedule 2 or 3; and
(b) the regulations respecting the application of this section to the provision have been complied with.
Statements made under oath
44. A statement required to be made under oath or solemn affirmation under a provision of a federal law may be made in electronic form if
(a) the person who makes the statement signs it with that person’s secure electronic signature;
(b) the person before whom the statement was made, and who is authorized to take statements under oath or solemn affirmation, signs it with that person’s secure electronic signature;
(c) the federal law or the provision is listed in Schedule 2 or 3; and
(d) the regulations respecting the application of this section to the provision have been complied with.
Statements declaring truth, etc.
45. A statement required to be made under a provision of a federal law declaring or certifying that any information given by a person making the statement is true, accurate or complete may be made in electronic form if
(a) the person signs it with that person’s secure electronic signature;
(b) the federal law or the provision is listed in Schedule 2 or 3; and
(c) the regulations respecting the application of this section to the provision have been complied with.
Witnessed signatures
46. A requirement under a provision of a federal law for a signature to be witnessed is satisfied with respect to an electronic document if
(a) each signatory and each witness signs the electronic document with their secure electronic signature;
(b) the federal law or the provision is listed in Schedule 2 or 3; and
(c) the regulations respecting the application of this section to the provision have been complied with.
Copies
47. A requirement under a provision of a federal law for one or more copies of a document to be submitted is satisfied by the submission of an electronic document if
(a) the federal law or the provision is listed in Schedule 2 or 3; and
(b) the regulations respecting the application of this section to the provision have been complied with.

Regulations and Orders

Regulations
48. (1) Subject to subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, make regulations prescribing technologies or processes for the purpose of the definition “secure electronic signature” in subsection 31(1).
Characteristics
(2) The Governor in Council may prescribe a technology or process only if the Governor in Council is satisfied that it can be proved that
(a) the electronic signature resulting from the use by a person of the technology or process is unique to the person;
(b) the use of the technology or process by a person to incorporate, attach or associate the person’s electronic signature to an electronic document is under the sole control of the person;
(c) the technology or process can be used to identify the person using the technology or process; and
(d) the electronic signature can be linked with an electronic document in such a way that it can be used to determine whether the electronic document has been changed since the electronic signature was incorporated in, attached to or associated with the electronic document.
Effect of amendment or repeal
(3) An amendment to or repeal of any provision of a regulation made under subsection (1) that has the effect of removing a prescribed technology or process from the regulation does not, by itself, affect the validity of any electronic signature resulting from the use of that technology or process while it was prescribed.
Amendment of schedules
49. For the purposes of sections 38 to 47, the responsible authority in respect of a provision of a federal law may, by order, amend Schedule 2 or 3 by adding or striking out a reference to that federal law or provision.
Regulations
50. (1) For the purposes of sections 41 to 47, the responsible authority in respect of a provision of a federal law may make regulations respecting the application of those sections to the provision.
Contents
(2) Without restricting the generality of subsection (1), the regulations that may be made may include rules respecting any of the following:
(a) the technology or process that must be used to make or send an electronic document;
(b) the format of an electronic document;
(c) the place where an electronic document is to be made or sent;
(d) the time and circumstances when an electronic document is to be considered to be sent or received and the place where it is considered to have been sent or received;
(e) the technology or process to be used to make or verify an electronic signature and the manner in which it is to be used; and
(f) any matter necessary for the purposes of the application of sections 41 to 47.
Minimum rules
(3) Without restricting the generality of subsection (1), if a provision referred to in any of sections 41 to 47 requires a person to provide another person with a document or information, the rules set out in the regulations respecting the application of that section to the provision may be that
(a) both persons have agreed to the document or information being provided in electronic form; and
(b) the document or information in electronic form will be under the control of the person to whom it is provided and will be readable or perceivable so as to be usable for subsequent reference.
Incorporation by reference
(4) Regulations may incorporate by reference the standards or specifications of any government, person or organization, either as they read at a fixed time or as they are amended from time to time.
Effect of striking out listed provision
51. The striking out of a reference to a federal law or provision in Schedule 2 or 3 does not affect the validity of anything done in compliance with any regulation made under section 50 that relates to that federal law or provision while it was listed in that Schedule.

PART 3
AMENDMENTS TO THE CANADA EVIDENCE ACT

52. to 57. [Amendments]

PART 4
AMENDMENTS TO THE STATUTORY INSTRUMENTS ACT

58. and 59. [Amendments]

PART 5
AMENDMENTS TO THE STATUTE REVISION ACT

60. to 71. [Amendments]

PART 6
COMING INTO FORCE

Coming into force
*72. Parts 1 to 5 or any provision of those Parts come into force on a day or days to be fixed by order of the Governor in Council made on the recommendation of
(a) in the case of Parts 1 and 2 or any provision of those Parts, the Minister of Industry; and
(b) in the case of Parts 3 to 5 or any provision of those Parts, the Minister of Justice.
* [Note: Parts 2, 3 and 4 in force May 1, 2000; Part 1 in force January 1, 2001, see SI/2000-29; Part 5 in force June 1, 2009, see SI/2009-42.]

SCHEDULE 1
(Section 5)
PRINCIPLES SET OUT IN THE NATIONAL STANDARD OF CANADA ENTITLED MODEL CODE FOR THE PROTECTION OF PERSONAL INFORMATION, CAN/CSA-Q830-96

4.1 Principle 1 — Accountability
An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization’s compliance with the following principles.
4.1.1
Accountability for the organization’s compliance with the principles rests with the designated individual(s), even though other individuals within the organization may be responsible for the day-to-day collection and processing of personal information. In addition, other individuals within the organization may be delegated to act on behalf of the designated individual(s).
4.1.2
The identity of the individual(s) designated by the organization to oversee the organization’s compliance with the principles shall be made known upon request.
4.1.3
An organization is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. The organization shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
4.1.4
Organizations shall implement policies and practices to give effect to the principles, including
(a) implementing procedures to protect personal information;
(b) establishing procedures to receive and respond to complaints and inquiries;
(c) training staff and communicating to staff information about the organization’s policies and practices; and
(d) developing information to explain the organization’s policies and procedures.
4.2 Principle 2 — Identifying Purposes
The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.
4.2.1
The organization shall document the purposes for which personal information is collected in order to comply with the Openness principle (Clause 4.8) and the Individual Access principle (Clause 4.9).
4.2.2
Identifying the purposes for which personal information is collected at or before the time of collection allows organizations to determine the information they need to collect to fulfil these purposes. The Limiting Collection principle (Clause 4.4) requires an organization to collect only that information necessary for the purposes that have been identified.
4.2.3
The identified purposes should be specified at or before the time of collection to the individual from whom the personal information is collected. Depending upon the way in which the information is collected, this can be done orally or in writing. An application form, for example, may give notice of the purposes.
4.2.4
When personal information that has been collected is to be used for a purpose not previously identified, the new purpose shall be identified prior to use. Unless the new purpose is required by law, the consent of the individual is required before information can be used for that purpose. For an elaboration on consent, please refer to the Consent principle (Clause 4.3).
4.2.5
Persons collecting personal information should be able to explain to individuals the purposes for which the information is being collected.
4.2.6
This principle is linked closely to the Limiting Collection principle (Clause 4.4) and the Limiting Use, Disclosure, and Retention principle (Clause 4.5).
4.3 Principle 3 — Consent
The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.
Note: In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal, medical, or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate when the individual is a minor, seriously ill, or mentally incapacitated. In addition, organizations that do not have a direct relationship with the individual may not always be able to seek consent. For example, seeking consent may be impractical for a charity or a direct-marketing firm that wishes to acquire a mailing list from another organization. In such cases, the organization providing the list would be expected to obtain consent before disclosing personal information.
4.3.1
Consent is required for the collection of personal information and the subsequent use or disclosure of this information. Typically, an organization will seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when an organization wants to use information for a purpose not previously identified).
4.3.2
The principle requires “knowledge and consent”. Organizations shall make a reasonable effort to ensure that the individual is advised of the purposes for which the information will be used. To make the consent meaningful, the purposes must be stated in such a manner that the individual can reasonably understand how the information will be used or disclosed.
4.3.3
An organization shall not, as a condition of the supply of a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfil the explicitly specified, and legitimate purposes.
4.3.4
The form of the consent sought by the organization may vary, depending upon the circumstances and the type of information. In determining the form of consent to use, organizations shall take into account the sensitivity of the information. Although some information (for example, medical records and income records) is almost always considered to be sensitive, any information can be sensitive, depending on the context. For example, the names and addresses of subscribers to a newsmagazine would generally not be considered sensitive information. However, the names and addresses of subscribers to some special-interest magazines might be considered sensitive.
4.3.5
In obtaining consent, the reasonable expectations of the individual are also relevant. For example, an individual buying a subscription to a magazine should reasonably expect that the organization, in addition to using the individual’s name and address for mailing and billing purposes, would also contact the person to solicit the renewal of the subscription. In this case, the organization can assume that the individual’s request constitutes consent for specific purposes. On the other hand, an individual would not reasonably expect that personal information given to a health-care professional would be given to a company selling health-care products, unless consent were obtained. Consent shall not be obtained through deception.
4.3.6
The way in which an organization seeks consent may vary, depending on the circumstances and the type of information collected. An organization should generally seek express consent when the information is likely to be considered sensitive. Implied consent would generally be appropriate when the information is less sensitive. Consent can also be given by an authorized representative (such as a legal guardian or a person having power of attorney).
4.3.7
Individuals can give consent in many ways. For example:
(a) an application form may be used to seek consent, collect information, and inform the individual of the use that will be made of the information. By completing and signing the form, the individual is giving consent to the collection and the specified uses;
(b) a checkoff box may be used to allow individuals to request that their names and addresses not be given to other organizations. Individuals who do not check the box are assumed to consent to the transfer of this information to third parties;
(c) consent may be given orally when information is collected over the telephone; or
(d) consent may be given at the time that individuals use a product or service.
4.3.8
An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. The organization shall inform the individual of the implications of such withdrawal.
4.4 Principle 4 — Limiting Collection
The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Information shall be collected by fair and lawful means.
4.4.1
Organizations shall not collect personal information indiscriminately. Both the amount and the type of information collected shall be limited to that which is necessary to fulfil the purposes identified. Organizations shall specify the type of information collected as part of their information-handling policies and practices, in accordance with the Openness principle (Clause 4.8).
4.4.2
The requirement that personal information be collected by fair and lawful means is intended to prevent organizations from collecting information by misleading or deceiving individuals about the purpose for which information is being collected. This requirement implies that consent with respect to collection must not be obtained through deception.
4.4.3
This principle is linked closely to the Identifying Purposes principle (Clause 4.2) and the Consent principle (Clause 4.3).
4.5 Principle 5 — Limiting Use, Disclosure, and Retention
Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfilment of those purposes.
4.5.1
Organizations using personal information for a new purpose shall document this purpose (see Clause 4.2.1).
4.5.2
Organizations should develop guidelines and implement procedures with respect to the retention of personal information. These guidelines should include minimum and maximum retention periods. Personal information that has been used to make a decision about an individual shall be retained long enough to allow the individual access to the information after the decision has been made. An organization may be subject to legislative requirements with respect to retention periods.
4.5.3
Personal information that is no longer required to fulfil the identified purposes should be destroyed, erased, or made anonymous. Organizations shall develop guidelines and implement procedures to govern the destruction of personal information.
4.5.4
This principle is closely linked to the Consent principle (Clause 4.3), the Identifying Purposes principle (Clause 4.2), and the Individual Access principle (Clause 4.9).
4.6 Principle 6 — Accuracy
Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
4.6.1
The extent to which personal information shall be accurate, complete, and up-to-date will depend upon the use of the information, taking into account the interests of the individual. Information shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about the individual.
4.6.2
An organization shall not routinely update personal information, unless such a process is necessary to fulfil the purposes for which the information was collected.
4.6.3
Personal information that is used on an ongoing basis, including information that is disclosed to third parties, should generally be accurate and up-to-date, unless limits to the requirement for accuracy are clearly set out.
4.7 Principle 7 — Safeguards
Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
4.7.1
The security safeguards shall protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Organizations shall protect personal information regardless of the format in which it is held.
4.7.2
The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution, and format of the information, and the method of storage. More sensitive information should be safeguarded by a higher level of protection. The concept of sensitivity is discussed in Clause 4.3.4.
4.7.3
The methods of protection should include
(a) physical measures, for example, locked filing cabinets and restricted access to offices;
(b) organizational measures, for example, security clearances and limiting access on a “need-to-know” basis; and
(c) technological measures, for example, the use of passwords and encryption.
4.7.4
Organizations shall make their employees aware of the importance of maintaining the confidentiality of personal information.
4.7.5
Care shall be used in the disposal or destruction of personal information, to prevent unauthorized parties from gaining access to the information (see Clause 4.5.3).
4.8 Principle 8 — Openness
An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.
4.8.1
Organizations shall be open about their policies and practices with respect to the management of personal information. Individuals shall be able to acquire information about an organization’s policies and practices without unreasonable effort. This information shall be made available in a form that is generally understandable.
4.8.2
The information made available shall include
(a) the name or title, and the address, of the person who is accountable for the organization’s policies and practices and to whom complaints or inquiries can be forwarded;
(b) the means of gaining access to personal information held by the organization;
(c) a description of the type of personal information held by the organization, including a general account of its use;
(d) a copy of any brochures or other information that explain the organization’s policies, standards, or codes; and
(e) what personal information is made available to related organizations (e.g., subsidiaries).
4.8.3
An organization may make information on its policies and practices available in a variety of ways. The method chosen depends on the nature of its business and other considerations. For example, an organization may choose to make brochures available in its place of business, mail information to its customers, provide online access, or establish a toll-free telephone number.
4.9 Principle 9 — Individual Access
Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Note: In certain situations, an organization may not be able to provide access to all the personal information it holds about an individual. Exceptions to the access requirement should be limited and specific. The reasons for denying access should be provided to the individual upon request. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
4.9.1
Upon request, an organization shall inform an individual whether or not the organization holds personal information about the individual. Organizations are encouraged to indicate the source of this information. The organization shall allow the individual access to this information. However, the organization may choose to make sensitive medical information available through a medical practitioner. In addition, the organization shall provide an account of the use that has been made or is being made of this information and an account of the third parties to which it has been disclosed.
4.9.2
An individual may be required to provide sufficient information to permit an organization to provide an account of the existence, use, and disclosure of personal information. The information provided shall only be used for this purpose.
4.9.3
In providing an account of third parties to which it has disclosed personal information about an individual, an organization should attempt to be as specific as possible. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, the organization shall provide a list of organizations to which it may have disclosed information about the individual.
4.9.4
An organization shall respond to an individual’s request within a reasonable time and at minimal or no cost to the individual. The requested information shall be provided or made available in a form that is generally understandable. For example, if the organization uses abbreviations or codes to record information, an explanation shall be provided.
4.9.5
When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, the organization shall amend the information as required. Depending upon the nature of the information challenged, amendment involves the correction, deletion, or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.
4.9.6
When a challenge is not resolved to the satisfaction of the individual, the substance of the unresolved challenge shall be recorded by the organization. When appropriate, the existence of the unresolved challenge shall be transmitted to third parties having access to the information in question.
4.10 Principle 10 — Challenging Compliance
An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organization’s compliance.
4.10.1
The individual accountable for an organization’s compliance is discussed in Clause 4.1.1.
4.10.2
Organizations shall put procedures in place to receive and respond to complaints or inquiries about their policies and practices relating to the handling of personal information. The complaint procedures should be easily accessible and simple to use.
4.10.3
Organizations shall inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures. A range of these procedures may exist. For example, some regulatory bodies accept complaints about the personal-information handling practices of the companies they regulate.
4.10.4
An organization shall investigate all complaints. If a complaint is found to be justified, the organization shall take appropriate measures, including, if necessary, amending its policies and practices.

SCHEDULE 2
(Sections 38 to 47, 49 and 51)
ACTS OF PARLIAMENT

SCHEDULE 3
(Sections 38 to 47, 49 and 51)
REGULATIONS AND OTHER INSTRUMENTS

Part 1 Licensed Activities

Investigators
2(1)  No person may, without a licence to do so, for remuneration, investigate, conduct surveillance activities or seek or obtain information about
                             (a)    crimes, offences, contraventions of enactments or misconduct, or allegations of crimes, offences, contraventions of enactments or misconduct,
                             (b)    the cause of an accident, incident, property damage, personal injury or damage to premises,
                             (c)    the activity, conduct, character or reputation of a person,
                             (d)    the location of property, or
                             (e)    the whereabouts of a person.
(2)  No person may advertise, hold out or offer to provide a service or perform an activity described in subsection (1) unless the person has a licence to provide the service or perform the activity.

Security services
3(1)  No person may, without a licence to do so, for remuneration,
                             (a)    patrol, guard or provide security for another person or for the property or premises of another person, or
                             (b)    detect loss of or damage to the property or premises of another person.
(2)  No person may advertise, hold out or offer to provide a service or perform an activity described in subsection (1) unless the person has a licence to provide the service or perform the activity.

Guard dog handlers
4(1)  No person may, without a licence to do so, for remuneration,
                             (a)    engage in the activity of training, handling or controlling a dog for the purpose of providing security to a person, property or premises, or
                             (b)    supply a dog to provide security for a person, property or premises.
(2)  No person may advertise, hold out or offer to provide a service described in subsection (1) unless the person has a licence to provide the service.

Locksmiths and by‑pass tools
5(1)  No person may, without a licence to do so,
                             (a)    possess or operate tools designed to operate the switches or locks of a motor vehicle,
                             (b)    possess locksmith tools,
                             (c)    for remuneration, make, install, maintain, repair, code, recode, rekey or repin locking devices,
                             (d)    design or maintain master key systems,
                             (e)    maintain key code records, or
                              (f)    cut, make or sell keys or other lock‑operating devices that
                                     (i)    are stamped or marked to prohibit or restrict duplication or copying, including, without limitation, keys marked “Master”, “Do not copy”, “Do not duplicate” or “Restricted”, or
                                    (ii)    can be duplicated or copied or coded only by equipment unique to that type of key or lock‑operating device.
(2)  No person may advertise, hold out or offer to provide a service or to perform an activity described in subsection (1) unless the person has a licence to provide the service or to perform the activity.

Loss prevention workers
6(1)  No person may, without a licence to do so, for remuneration, in plain clothes,
                             (a)    prevent loss of or damage to the commercial, industrial or retail property or premises of another person, or
                             (b)    detect loss of or damage to the commercial, industrial or retail property or premises of another person.
(2)  No person may advertise, hold out or offer to provide a service or to perform an activity described in subsection (1) unless the person has a licence to provide the service or to perform the activity.

Security alarm responders
7   No person whose primary role is to perform security or investigative work may, without a licence to do so, for remuneration, respond in person to the location of a security alarm.

Business licences
8   No person may, without a business licence to do so, engage in the business of providing individual licensees, or employ or engage an individual licensee, to do or to provide security or investigative work.

Offence
9   A person who engages in security or investigative work without a licence in contravention of section 2, 3, 4, 5, 6, 7 or 8 is guilty of an offence.

Part 2 Exemptions from Licensing Requirements

Exemptions from licensing
10   The following persons and classes of persons are exempt from the requirement to be licensed under this Act and the regulations:
                             (a)    members of the Royal Canadian Mounted Police, members of a police service as defined in the Police Act, and peace officers while acting within the scope of their authority and in the course of their employment or designation;
                             (b)    barristers and solicitors acting within the scope of their profession;
                             (c)    insurance adjustment agencies, insurance companies and the Fire Underwriters’ Investigation Bureau of Canada Incorporated while engaged in the normal scope of their business, and their employees or agents while acting within the scope of their employment;
                             (d)    a person who obtains or provides information about the financial rating, credit rating or financial standing of another person while engaged within the scope of that activity;
                             (e)    a person engaged in a business who
                                     (i)    engages an individual licensee employed on contract by a business licensee to provide security or investigative work, and
                                    (ii)    does not employ an individual licensee to perform that security or investigative work;
                              (f)    a person whose primary business is to provide an armoured vehicle service to transport property;
                             (g)    volunteer security guards when no remuneration is provided to the volunteer or to the volunteer organization of which the volunteer security guards are members, unless the volunteer organization competes for a tender for a contract to perform security work;
                             (h)    a person who is employed or engaged for services only to provide advice to another person about that other person’s security requirements;
                              (i)    persons who obtain or provide information about
                                     (i)    the qualifications and suitability of an applicant for insurance or an indemnity bond, or
                                    (ii)    the qualifications and suitability of a prospective employee
                                      while obtaining or providing that information;
                              (j)    a person licensed under the Gaming and Liquor Act or an employee of such a person, while carrying out duties and functions under the Gaming and Liquor Act;
                             (k)    a person licensed under the Safety Codes Act or an employee of such a person, while carrying out duties and functions under the Safety Codes Act;
                              (l)    a person who is employed or engaged by the Crown or an agent of the Crown to perform security or investigative work, while acting within the scope of that employment or engagement;
                            (m)    except with respect to the activities described in section 4 or 5, an employer and a person who is employed or engaged to perform security or investigative work solely with respect to employees or contractors of the employer, while acting within the scope of that employment or engagement;
                             (n)    a person engaged in an investigative capacity under an enactment governing a profession or occupation;
                             (o)    an officer of the Legislature, including the Auditor General, the Ombudsman, the Chief Electoral Officer, the Ethics Commissioner and the Information and Privacy Commissioner, while acting within the scope of that person’s office and any person employed or engaged in any of those offices while acting within the scope of that employment or engagement capacity;
                             (p)    any person designated or described in the regulations or any person engaged to perform any security or investigative work described in the regulations.

Exemption from licensing by the Registrar
11(1)  The Registrar may exempt a person from holding a licence if the person
                             (a)    resides in a jurisdiction outside Alberta and is employed or engaged for services in good faith in that jurisdiction by or on behalf of an employer or client who resides outside Alberta, to carry out an investigation or inquiry partly outside Alberta and partly in Alberta,
                             (b)    wishes to carry out a temporary investigation or inquiry in Alberta solely for the purpose of an investigation or inquiry described in clause (a),
                             (c)    notifies the Registrar of his or her intended presence in Alberta and provides the Registrar with particulars of the work he or she proposes to undertake, and
                             (d)    applies for an exemption in the form and manner required by the Registrar.
(2)  An exemption under subsection (1) may be granted for any period of time or for any purpose the Registrar considers appropriate.

Part 3 Licence Applications, Renewals, Suspensions and Cancellations

Designation of Registrar
12   The Minister may designate an individual as Registrar and may designate any other individuals to exercise the powers and perform the duties of the Registrar.

Registrar’s functions
13(1)  The Registrar may, in accordance with this Act and the regulations,
                             (a)    issue or renew a licence in respect of any matter for which a licence is required under this Act or the regulations,
                             (b)    prescribe any terms and conditions of a licence,
                             (c)    specify the term of a licence, and
                             (d)    exercise any other power and perform any other duty or function conferred or imposed by this Act or the regulations.
(2)  The terms and conditions of a licence and the term of a licence may vary depending on the applicant, the security or investigative work for which the licence is issued, or both.

Individual licence
14   An individual who requires a licence to engage in security or investigative work or to advertise, hold out or offer to provide the services or activities described under Part 1, or who requires a renewal of such a licence, must
                             (a)    meet the requirements for being issued an individual licence or the requirements for the renewal of the individual licence as specified in the regulations,
                             (b)    apply to the Registrar in a form and manner acceptable to the Registrar,
                             (c)    pay the prescribed fee,
                             (d)    provide any information requested by the Registrar for the purpose of determining the individual’s eligibility for an individual licence or the renewal of the individual licence, and
                             (e)    provide any other information prescribed by the regulations, which may include personal information as defined in the Freedom of Information and Protection of Privacy Act.

Business licence
15   A person that requires a business licence or a renewal of a business licence must
                             (a)    meet the requirements for being issued a business licence or the requirements for the renewal of the business licence as specified in the regulations,
                             (b)    apply to the Registrar in a form and manner acceptable to the Registrar,
                             (c)    pay the prescribed fee,
                             (d)    provide any information requested by the Registrar for the purposes of determining the person’s eligibility for a business licence or the renewal of the business licence,
                             (e)    provide any other information prescribed by the regulations, which may include personal employee information as defined in the Personal Information Protection Act, and
                              (f)    provide evidence that the business has and will maintain liability insurance as prescribed by the regulations.

Refusal of licence application
16(1)  The Registrar may refuse to issue a licence or refuse to renew a licence if the Registrar is satisfied that the applicant
                             (a)    has contravened or is contravening this Act or the regulations,
                             (b)    has not met the requirements of this Act or the regulations,
                             (c)    has provided false or misleading information in the application for a licence or renewal of a licence or in any report or information required to be provided under this Act or the regulations,
                             (d)    in the case of an application for renewal of a licence,
                                     (i)    has not complied with the terms or conditions of a licence, or
                                    (ii)    has not provided a report or information required by this Act, the regulations or the Registrar,
                             (e)    in the opinion of the Registrar, is not a fit and proper person to be issued or to continue to hold a licence, or
                              (f)    has been charged with a criminal offence.
(2)  If the Registrar, on reasonable grounds, believes that it is not in the public interest to issue or renew a licence, the Registrar may refuse to do so.
(3)  For the purpose of determining whether to issue or renew a licence, the Registrar may collect personal information as defined in the Freedom of Information and Protection of Privacy Act or personal employee information as defined in the Personal Information Protection Act from the applicant or, if the applicant’s employer is a business licensee, from the applicant’s employer.

Licence not transferable
17   A licence issued under this Act or the regulations is not transferable.

Individual licensee obligations
18   An individual licensee must, in accordance with the regulations, report in writing to the Registrar
                             (a)    a change of address,
                             (b)    a change in any information provided to the Registrar when the application for the individual licence or the renewal of the individual licence was made, and
                             (c)    any other information prescribed by the regulations or requested by the Registrar.

Business licensee obligations
19   A business licensee must, in accordance with the regulations, report in writing to the Registrar
                             (a)    a change of address of the principal office for the business,
                             (b)    a change in any information provided to the Registrar when the application for the business licence or the renewal of the business licence was made,
                             (c)    the names of the individual licensees employed or engaged for services by the business licensee,
                             (d)    the use of a weapon by an individual licensee employed or engaged for services by the business licensee in the course of the individual licensee’s duties,
                             (e)    any allegation that an individual licensee employed or engaged for services by the business licensee has committed a criminal offence,
                              (f)    a criminal charge or any conviction of a criminal offence against the business licensee or an employee of the business licensee,
                             (g)    any incident allegedly involving a breach by a licensee of the code of conduct established pursuant to the regulations,
                             (h)    any incident involving serious injury to or the death of an individual licensee employed or engaged for services by the business licensee,
                              (i)    any incident involving serious injury to or the death of another person alleged to have resulted from the actions of an individual licensee employed or engaged for services by the business licensee, or
                              (j)    any other information prescribed by the regulations or requested by the Registrar.

Suspension or cancellation of licence
20   The Registrar may suspend or cancel the licence of an individual licensee or a business licensee if
                             (a)    the licensee is convicted of a criminal offence,
                             (b)    the licensee is convicted of an offence under this Act or the regulations,
                             (c)    the licensee fails to comply with a term or condition of the licensee’s licence,
                             (d)    the licensee fails to comply with the code of conduct established pursuant to the regulations for that class of licensees,
                             (e)    the licensee makes an untrue statement or misleading statement
                                     (i)    in the licensee’s application for a licence or renewal of a licence, or
                                    (ii)    in a report made or information provided to the Registrar,
                              (f)    the licensee fails or refuses to make a return or to provide to the Registrar any information required under this Act or the regulations,
                             (g)    in the opinion of the Registrar, the licensee is not a fit and proper person to hold a licence, or
                             (h)    in the opinion of the Registrar, it is in the public interest to suspend or cancel the licence.

Return of licence
21   If the Registrar suspends or cancels a licence, the licensee must return the licence to the Registrar forthwith.

Registrar’s decision
22(1)  If the Registrar refuses to issue or renew a licence under section 16, the Registrar must inform the applicant in writing of the decision, with reasons.
(2)  The Registrar must inform the licensee in writing of the decision, with reasons, when the Registrar
                             (a)    suspends or cancels a licence under section 20, 26, 28 or 30, or
                             (b)    varies the terms and conditions of a licence under section 26, 28 or 30.

Review by Director
23(1)  Within 30 days from the date that the applicant or licensee is advised in writing of the Registrar’s decision under section 22, the applicant or licensee may, in writing, request the Director to review the Registrar’s decision.
(2)  The Director may, in the course of reviewing the Registrar’s decision, engage in or refer the matter to mediation in an attempt to resolve the issues.
(3)  The Director must, within 30 days of receiving a request under subsection (1), inform the applicant or licensee in writing of the Director’s decision confirming, reversing or varying the Registrar’s decision.
(4)  The Director may direct the Registrar to issue, suspend or cancel the licence or to impose additional terms and conditions on the licence, and the decision of the Director is final.
(5)  Notwithstanding subsection (3), the Director may, on notice to the applicant or licensee, extend the time referred to in subsection (3) if additional time is required to review the Registrar’s decision.
(6)  No action lies against a person who conducts a mediation in good faith under this section for any act done or omitted to be done with respect to the mediation.

Part 4 Complaints and Discipline

Complaints about individual licensees
24   Any person may make a complaint in writing about an individual licensee to the individual licensee’s employer within 90 days after the action or circumstance giving rise to the complaint occurs.

Investigation and disposition of complaints
25(1)  Subject to subsection (2), where a complaint is made under section 24, the employer must investigate and dispose of the complaint in accordance with the procedures set out in this Act and the regulations.
(2)  An employer may refuse to investigate or may discontinue the investigation of a complaint if, in the opinion of the employer,
                             (a)    the complaint is frivolous, vexatious or made in bad faith, or
                             (b)    having regard to all of the circumstances, no investigation is necessary.
(3)  If the employer refuses to investigate a complaint or discontinues the investigation of a complaint under subsection (2), the employer must notify the complainant of the refusal or discontinuance in writing, with reasons, within 90 days of receiving the complaint.
(4)  The employer must, within 90 days of receiving a complaint, notify the complainant, the individual licensee who is the subject of the complaint and the Registrar in writing of
                             (a)    the employer’s disposition of the complaint and the reasons for the disposition, and
                             (b)    the right of the complainant to have the employer’s disposition of the complaint reviewed by the Registrar.

Review by Registrar
26(1)  Within 30 days of receiving notice of the employer’s disposition of the complaint under section 25, the complainant may, in writing, request the Registrar to review the employer’s disposition.
(2)  If the employer has not completed the investigation of the complaint in accordance with section 25, the complainant may, in writing, request the Registrar to review the complaint.
(3)  The Registrar must conduct a review of the employer’s disposition if the Registrar receives a request from a complainant under subsection (1) or investigate the complaint if the Registrar receives a request from a complainant under subsection (2).
(4)  The Registrar may refuse to investigate or may discontinue the investigation of a complaint if, in the opinion of the Registrar,
                             (a)    the complaint is frivolous, vexatious or made in bad faith, or
                             (b)    having regard to all of the circumstances, no investigation is necessary.
(5)  If the Registrar refuses to investigate a complaint or discontinues the investigation of a complaint under subsection (4), the Registrar must notify the complainant of the refusal or discontinuance in writing, with reasons, within 90 days of receiving the complaint.
(6)  After completing an investigation of the complaint or a review of the employer’s disposition of a complaint, the Registrar may vary the terms and conditions of or cancel or suspend the individual licensee’s licence or the employer’s business licence.
(7)  The Registrar must, in writing, notify the complainant, the individual licensee who is the subject of the complaint and the individual licensee’s employer of the Registrar’s decision and the reasons for the decision.

Review by Director
27(1)  Within 30 days from the date that the complainant is notified in writing of the Registrar’s decision under section 26, the complainant may, in writing, request the Director to review the Registrar’s decision.
(2)  The Director must, within 30 days of receiving a request under subsection (1), inform the complainant in writing of the Director’s decision confirming, reversing or varying the Registrar’s decision.
(3)  The Director may direct the Registrar to suspend or cancel the individual licensee’s licence or to impose additional terms and conditions on the individual licensee’s licence, and the decision of the Director is final.
(4)  Notwithstanding subsection (2), the Director may, on notice to the complainant, extend the time referred to in subsection (2) if additional time is required to review the Registrar’s decision.

Complaints about a business licensee
28(1)  Any person may make a complaint in writing about a business licensee to the Registrar within 90 days after the action or circumstance giving rise to the complaint occurs.
(2)  The Registrar may refuse to investigate or may discontinue the investigation of a complaint if, in the opinion of the Registrar,
                             (a)    the complaint is frivolous, vexatious or made in bad faith, or
                             (b)    having regard to all of the circumstances, no investigation is necessary.
(3)  If the Registrar refuses to investigate a complaint or discontinues the investigation of a complaint under subsection (2), the Registrar must notify the complainant of the refusal or discontinuance in writing, with reasons, within 90 days of receiving the complaint.
(4)  After completing an investigation, the Registrar may vary the terms and conditions of the business licensee’s licence or cancel or suspend the business licensee’s licence.
(5)  The Registrar must, in writing, notify the complainant and the business licensee who is the subject of the complaint of the Registrar’s disposition of the complaint and the reasons for the disposition.

Review by Director
29(1)  Within 30 days from the date that the complainant is notified in writing of the Registrar’s decision under section 28, the complainant may, in writing, request the Director to review the Registrar’s decision.
(2)  The Director must, within 30 days of receiving a request under subsection (1), inform the complainant in writing of the Director’s decision confirming, reversing or varying the Registrar’s decision.
(3)  The Director may direct the Registrar to suspend or cancel the business licensee’s licence or to impose additional terms and conditions on the business licensee’s licence, and the decision of the Director is final.
(4)  Notwithstanding subsection (2), the Director may, on notice to the complainant, extend the time referred to in subsection (2) if additional time is required to review the Registrar’s decision.

Part 5 Inspections

Inspection and investigation
30(1)  The Registrar may enter a business licensee’s premises for the purposes of conducting an investigation under this Act or to inspect the premises and the records of the business licensee to ensure compliance with this Act, the regulations and the terms and conditions of the business licence.
(2)  An inspection under subsection (1) must be conducted during normal business hours or at any other time agreed on by the business licensee and the Registrar.
(3)  When acting under the authority of this section, the Registrar must carry identification and produce it to any person on request.
(4)  The Registrar may in the course of an inspection require a person
                             (a)    to give written or oral replies to questions,
                             (b)    to produce any books, records, reports, documents or other items, including electronic records or documents, and
                             (c)    to provide any other information requested by the Registrar that may be related to the administration of this Act or the regulations.
(5)  The Registrar may in the course of an inspection inspect, examine and make copies of or temporarily remove books, records, reports, documents or other items that may be related to the administration of this Act and the regulations.
(6)  When the Registrar removes any books, records, reports or documents or other items under subsection (5), the Registrar
                             (a)    must give a receipt for them to the person from whom they were taken,
                             (b)    may make copies of, take photographs of or otherwise record them, and
                             (c)    must, within a reasonable time, return them to the person to whom the receipt was given or to any person authorized to receive them.
(7)  If entry under subsection (1) is refused or a person refuses to co‑operate or interferes with the Registrar’s performance of duties under this section, the Registrar may apply to the Court by way of originating notice for an order that the Registrar may
                             (a)    at any reasonable time enter the premises and inspect the premises and records, and
                             (b)    require the production of any books, records, reports, documents or other items and examine them, make copies of, take photographs of or otherwise record them or remove them temporarily for the purpose of making copies,
and the Court may, on being satisfied that the order is necessary for the purpose of this section, make any order that it considers appropriate.
(8)  An application under subsection (7) may be made ex parte if the Court considers it appropriate.
(9)  After an inspection the Registrar may vary the terms and conditions of the business licence or suspend or cancel the business licence.

Part 6 Display of Licence, Records, Annual Returns

Display of licence
31(1)  A business licensee must display the business licence in a conspicuous location in each office of that business and in any other place in Alberta where the business licensee is engaged in or carries on the business in respect of which the business licence is held.
(2)  Each individual licensee employed by a business licensee must provide a copy of the individual licensee’s licence for filing in the principal office of the business licensee.
(3)  Every individual licensee must carry his or her licence and produce it to any person on request.

Records
32   A business licensee must keep complete records
                             (a)    of the names and addresses of all persons acting for or employed by the business licensee in the carrying on of the business in respect of which the business licence is held,
                             (b)    in accordance with the regulations, of all security or investigative work undertaken,  and
                             (c)    in accordance with the regulations, of any incident where an individual licensee employed or engaged for services by the business licensee used force,
and must produce those records for inspection at any time on the request of the Registrar.

Annual returns
33(1)  Each year a business licensee must file a return for the preceding year with the Registrar in a form and manner acceptable to the Registrar.
(2)  A return
                             (a)    must give the address of each office in which the business licensee carried on the business in respect of which the business licence was issued in the preceding calendar year, and
                             (b)    must give the names and addresses of each of the business licensee’s agents and employees licensed under this Act or the regulations acting for, engaged or employed by the business licensee during the preceding calendar year.
(3)  A return must contain any other information with respect to the business licensee as prescribed by the regulations.

Part 7 General

Uniforms and weapons
34(1)  An individual licensee must wear the uniform and insignia specified in the regulations for that class of licensees.
(2)  An individual licensee shall not have in the licensee’s possession any weapons or equipment except those specified in the regulations or authorized by the Registrar.

Peace officers
35   A peace officer appointed under the Peace Officer Act may be issued an individual licence and may be employed by a business licensee as an individual licensee only while the peace officer is not acting within the scope of the peace officer’s duties.

Collection agency or collector of debts
36   A licensee shall not
                             (a)    act, either with or without remuneration, as a collection agency or a collector of debts or accounts, or
                             (b)    hold out or advertise that the person is a collection agency or a collector of debts or accounts for any person.

Prohibition
37   A licensee shall not hold out in any manner that the licensee performs or provides services or duties ordinarily performed or provided by police.

Unlicensed employees
38  A business licensee shall not employ an individual to perform security or investigative work unless that individual is licensed under this Act or the regulations.

Identification
39   A person shall not
                             (a)    possess, display or permit to be displayed an altered or fraudulently obtained licence,
                             (b)    transfer a licence to another person or permit another person to use the licence,
                             (c)    display or represent a licence as the person’s own licence if that licence was not issued to the person,
                             (d)    display or represent as a valid licence a licence that has expired or that has been suspended or cancelled, or
                             (e)    possess or display any badge, shield, card or other object purporting to indicate that the person is licensed under this Act unless the person is so licensed.
Prohibited titles
40   A licensee shall not use the expression “private detective”, “law enforcement officer”, “protection officer” or “security officer” in connection with a business or employment, or hold out in any manner that the person is a private detective, law enforcement officer, protection officer or security officer or use any derivation of these terms that is likely to confuse the public.

Prohibited terminology
41   A business licensee shall not use the term “police”, “law enforcement”, “protection officer” or “security officer” in the name of the business, its letterhead or its advertising material or in any other way that may create the impression that the business performs a police or law enforcement function.

Proof of being licensed
42(1)  A certificate purporting to be signed by the Registrar to the effect that indicates that the person named in it did or did not at any given time or during any given period hold a licence issued under this Act or the regulations shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the signature or appointment of the person signing the certificate.
(2)  A statement in a letter, advertisement, card or other document or paper to the effect that a person is engaged in the business of providing security or investigative work or is acting on behalf of a business and is providing security or investigative work is admissible in evidence as proof, in the absence of evidence to the contrary, that the person is so engaged or acting, as the case may be.

Reciprocal agreements
43   If a reciprocal agreement exists between the Government of Alberta and another jurisdiction governing or recognizing licences to provide or to perform security or investigative work under this Act or equivalent legislation of that other jurisdiction, a person who has a valid licence issued in accordance with the rules in that other jurisdiction governing security or investigative work who wishes to provide or perform security or investigative work in Alberta shall provide a copy of that licence to the Registrar, and the Registrar may issue a licence to that person in accordance with the regulations.

Part 8 Offences and Penalties

Offences
44(1)  A person who hinders, obstructs or interferes with the Registrar in the performance of the Registrar’s functions or duties under this Act is guilty of an offence.
(2)  A person who knowingly makes a false or misleading statement to the Registrar or knowingly provides false information in any application, statement or return required under this Act is guilty of an offence.

Offences
45(1)  A person who contravenes or fails to comply with any of the following provisions is guilty of an offence:
section 18; section 19; section 21; section 31; section 32; section 33, section 34(1), (2); section 35; section 36; section 37; section 38; section 39; section 40; section 41.
(2)  A person who contravenes the regulations is guilty of an offence.

Penalties
46(1)  A person who is guilty of an offence under section 9, 44 or 45 is liable
                             (a)    in the case of an individual, to a fine of not more than $5000 or to a term of imprisonment not exceeding one year or to both a fine and imprisonment, and
                             (b)    in the case of a business, to a fine of not more than $250 000.
(2)  If a business commits an offence, any officer or director of the business who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and liable to the penalties mentioned in this section whether or not the business has been prosecuted or convicted.
(3)  A prosecution under subsection (1) may be commenced within 2 years of the commission of the alleged offence but not afterwards.

Part 9 Regulations

Lieutenant Governor in Council regulations
47(1)  The Lieutenant Governor in Council may make regulations
                             (a)    prescribing the amount and form of security to be given in respect of different classes of licences;
                             (b)    describing activities or services for which a licence is required and prohibiting engaging in, providing or advertising those activities or services without a licence;
                             (c)    describing activities or services for which a person may engage in the business of providing individual licensees, or employing or engaging individual licensees, and prohibiting engaging in the business of providing individual licensees or employing or engaging individual licensees for those activities or services without a licence;
                             (d)    respecting records that must be kept, including records respecting security or investigative work undertaken by a licensee and records respecting incidents where an individual licensee employed or engaged for services by a business licensee used force;
                             (e)    respecting returns to be filed with the Registrar;
                              (f)    respecting the prohibition, regulation and control of advertising by persons licensed under this Act;
                             (g)    defining “armoured vehicle service”;
                             (h)    respecting the types of weapons and equipment that may be used by individual licensees or classes of individual licensees generally or in particular circumstances, and prohibiting the use of weapons and equipment;
                              (i)    respecting the training, use and control of dogs used for the security of persons, property or premises, and prohibiting or regulating the use of those dogs with respect to activities described in the regulations;
                              (j)    respecting the collection, use and disclosure of personal information as defined in the Freedom of Information and Protection of Privacy Act for the purposes of making and approving applications, reviewing, cancelling or suspending or imposing terms and conditions on licences, conducting reviews, inspections and investigations and providing reports under this Act;
                             (k)    prescribing information that must be provided to the Registrar by a licensee under section 18 or 19;
                              (l)    respecting the collection, use and disclosure of personal employee information as defined in the Personal Information Protection Act for the purpose of administering this Act;
                            (m)    respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
(2)  Regulations made under subsection (1) may apply generally or to particular types or classes of licensees, and different regulations may be made in respect of different classes of licences.

Ministerial regulations
48(1)  The Minister may make regulations
                             (a)    respecting the requirements for being issued a licence and for the renewal of a licence;
                             (b)    prescribing different classes of licences;
                             (c)    respecting businesses that must be licensed;
                             (d)    respecting business activities that must be licensed;
                             (e)    respecting terms and conditions that may be imposed on a licence;
                              (f)    prescribing the fees payable for different classes of licences;
                             (g)    requiring and governing the return of licences that have been suspended or cancelled or that have terminated;
                             (h)    respecting the issue, term, use, retention and destruction of licences;
                              (i)    respecting the uniforms that may or must be worn by individual licensees;
                              (j)    respecting vehicle markings for businesses or classes of businesses;
                             (k)    respecting employment, qualifications, training, duties, discipline and performance of the duties of individual licensees;
                              (l)    respecting the information that must be provided and conditions that must be met by an applicant for a licence or the renewal of a licence;
                            (m)    respecting the investigation and disposition of complaints under Part 4;
                             (n)    respecting the establishment of a code of conduct for classes of individual licensees and classes of business licensees licensed under this Act.
(2)  Regulations made under subsection (1) may apply generally or to particular types or classes of licensees, and different regulations may be made in respect of different classes of licences.

Part 10 Transitional Provisions, Consequential Amendments, Repeal and Coming into Force

Licences
49   A person who is licensed under the Private Investigators and Security Guards Act, RSA 2000 cP‑23, when this Act comes into force is deemed to be licensed under this Act.

Complaints and appeals
50   Where a person has made a complaint or commenced an appeal under the Private Investigators and Security Guards Act, RSA 2000 cP‑23, before this Act comes into force and the complaint or appeal process has not been concluded by the time this Act comes into force, the complaint or appeal must continue to be dealt with in accordance with the Private Investigators and Security Guards Act and the regulations under the Private Investigators and Security Guards Act as they read immediately before the coming into force of this section.

Actions barred
51   No action may be brought to appeal, quash or set aside any decision or act of an Administrator made pursuant to the Private Investigators and Security Guards Act, RSA 2000 cP‑23, on the ground that the Administrator was not an employee of the Department of Justice at the time of such decision or act.

Repeal
52   The Private Investigators and Security Guards Act, RSA 2000 cP‑23, is repealed.

Coming into force
53  This Act comes into force on Proclamation.