Province of Alberta

SECURITY SERVICES AND

INVESTIGATORS ACT

Statutes of Alberta, 2008

Chapter S-4.7

Current as of June 1, 2010

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Note

All persons making use of this document are reminded that it has no legislative
sanction. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.

Regulations

The following is a list of the regulations made under the Security Services and
Investigators Act that are filed as Alberta Regulations under the Regulations Act.

Alta. Reg. Amendments

Security Services and Investigators Act

Security Services and Investigators................52/2010
Security Services and Investigators
(Ministerial) .............................................55/2010
 SECURITY SERVICES AND
INVESTIGATORS ACT

Chapter S-4.7

Table of Contents
1 Definitions

Part 1
Licensed Activities
2 Investigators
3 Security services
4 Guard dog handlers
5 Locksmiths and by-pass tools
6 Loss prevention workers
7 Security alarm responders
8 Business licences
9 Offence

Part 2
Exemptions from Licensing Requirements
10 Exemptions from licensing
11 Exemption from licensing by the Registrar

Part 3
Licence Applications, Renewals,
Suspensions and Cancellations
12 Designation of Registrar
13 Registrar’s functions
14 Individual licence
15 Business licence
16 Refusal of licence application
17 Licence not transferable
18 Individual licensee obligations
19 Business licensee obligations
20 Suspension or cancellation of licence
 SECURITY SERVICES AND 2008
INVESTIGATORS ACT Chapter S-4.7

21 Return of licence
22 Registrar’s decision
23 Review by Director

Part 4
Complaints and Discipline
24 Complaints about individual licensees
25 Investigation and disposition of complaints
26 Review by Registrar
27 Review by Director
28 Complaints about a business licensee
29 Review by Director

Part 5
Inspections
30 Inspection and investigation

Part 6
Display of Licence,
Records, Annual Returns
31 Display of licence
32 Records
33 Annual returns

Part 7
General
34 Uniforms and weapons
35 Peace officers
36 Collection agency or collector of debts
37 Prohibition
38 Unlicensed employees
39 Identification
40 Prohibited titles
41 Prohibited terminology
42 Proof of being licensed
43 Reciprocal agreements

Part 8
Offences and Penalties
44, 45 Offences
46 Penalties
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Section 1 INVESTIGATORS ACT Chapter S-4.7

Part 9
Regulations
47 Lieutenant Governor in Council regulations
48 Ministerial regulations

Part 10
Transitional Provisions,
Consequential Amendments,
Repeal and Coming into Force
49 Licences
50 Complaints and appeals
51 Actions barred
52 Repeal
53 Coming into force

HER MAJESTY, by and with the advice and consent of the

Legislative Assembly of Alberta, enacts as follows:

Definitions
1 In this Act,

(a) “applicant” means a person who applies to the Registrar for

a licence or for the renewal of a licence;

(b) “business” means a corporation, partnership, sole

proprietorship, society or not-for-profit organization;

(c) “business licensee” means a business to whom a business

licence is issued under this Act or the regulations;

(d) “Court” means the Court of Queen’s Bench;

(e) “Director” means the Director of Law Enforcement

appointed under section 8 of the Police Act or a person
designated by the Director to act on his or her behalf;

(f) “individual licensee” means an individual to whom an

individual licence is issued under this Act or the regulations;

(g) “licence” means a business licence or an individual licence

issued under this Act or the regulations;

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Section 2 INVESTIGATORS ACT Chapter S-4.7

(h) “licensee” means a business licensee or an individual

licensee;

(i) “Minister” means the Minister determined under section 16

of the Government Organization Act as the Minister
responsible for this Act;

(j) “Registrar” means an individual designated as Registrar, or

any other individual designated to exercise the powers and
perform the duties of the Registrar, under section 12;

(k) “security or investigative work” means any activity for

which a licence is required under this Act or the regulations.

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
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Section 4 INVESTIGATORS ACT Chapter S-4.7

(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

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Section 6 INVESTIGATORS ACT Chapter S-4.7

(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.

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Section 10 INVESTIGATORS ACT Chapter S-4.7

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;
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Section 10 INVESTIGATORS ACT Chapter S-4.7

(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.

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Section 11 INVESTIGATORS ACT Chapter S-4.7

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

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Section 14 INVESTIGATORS ACT Chapter S-4.7

(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,

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Section 16 INVESTIGATORS ACT Chapter S-4.7

(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
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Section 17 INVESTIGATORS ACT Chapter S-4.7

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,

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Section 20 INVESTIGATORS ACT Chapter S-4.7

(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,

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Section 21 INVESTIGATORS ACT Chapter S-4.7

(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

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Section 24 INVESTIGATORS ACT Chapter S-4.7

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.

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Section 26 INVESTIGATORS ACT Chapter S-4.7

(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.

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Section 27 INVESTIGATORS ACT Chapter S-4.7

(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.

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Section 29 INVESTIGATORS ACT Chapter S-4.7

(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.

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Section 30 INVESTIGATORS ACT Chapter S-4.7

(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,

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Section 31 INVESTIGATORS ACT Chapter S-4.7

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,

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Section 33 INVESTIGATORS ACT Chapter S-4.7

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.

(NOTE: This section comes into force on Proclamation.)

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.

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Section 36 INVESTIGATORS ACT Chapter S-4.7

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
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Section 41 INVESTIGATORS ACT Chapter S-4.7

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.

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Section 44 INVESTIGATORS ACT Chapter S-4.7

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

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Section 47 INVESTIGATORS ACT Chapter S-4.7

(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”;

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Section 48 INVESTIGATORS ACT Chapter S-4.7

(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;

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Section 49 INVESTIGATORS ACT Chapter S-4.7

(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.

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Section 50 INVESTIGATORS ACT Chapter S-4.7

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.

(NOTE: Proclaimed in force, except s33, June 1, 2010.)

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