14

 

 

Third Session, 46th General Assembly

59 Elizabeth II, 2010

BILL 14

AN ACT TO AMEND THE PRIVATE INVESTIGATION
AND SECURITY SERVICES ACT

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE KEVIN O'BRIEN

Minister of Government Services

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Private Investigation and Security Services Act. It would update and streamline the appeal process and make that process consistent with the Consumer Protection and Business Practices Act.

The Bill would remove the requirement for a corporation applying to hold a licence under the Act to have a majority of the board of directors of that corporation be Canadian citizens. Further the Bill would require that the corporation have an address for service in the province rather than requiring the agency to operate an office in the province.

A BILL

AN ACT TO AMEND THE PRIVATE INVESTIGATION AND SECURITY SERVICES ACT

Analysis


        1.   S.10 R&S
Agency licence

        2.   S.37 Rep.
Appeal to minister

        3.   S.38 R&S
Appeals


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cP-24
as amended

        1. Section 10 of the Private Investigation and Security Services Act is repealed and the following substituted:

Agency licence

      10. (1) A person is not eligible to hold a licence to carry on the business of an agency unless

             (a)  the person is a Canadian citizen or a permanent resident within the meaning of the Immigration Act (Canada); and

             (b)  the person who will manage the business is ordinarily resident in Canada.

             (2)  An applicant for a licence shall indicate to the administrator a current address for service in the province, and a document sent to or served on the applicant under this Act or the regulations shall be considered to be sufficiently sent or served if delivered personally or mailed by registered mail to that address for service.

             (3)  Where a document referred to in subsection (2) is mailed by registered mail, it is considered to be served on the 3rd day following the day it is deposited in the post office by the sender.

 

        2. Section 37 of the Act is repealed.

 

        3. Section 38 of the Act is repealed and the following substituted:

Appeals

      38. (1) A person may appeal to a judge of the Trial Division

             (a)  where the administrator has refused to issue a licence to the person or to renew his or her licence;

             (b)  against a term or condition to which the person's licence is made subject;

             (c)  where his or her licence has been suspended or cancelled, against the suspension or cancellation; and

             (d)  where the person is dissatisfied with a decision, order or direction that the administrator has made affecting the person.

             (2)  A person appealing under this section shall give notice of the appeal to the administrator at the time the appeal is filed with the court.

             (3)  An appeal under this section shall be started not later than 30 days after the happening of the event giving rise to the appeal.