Latest Regulations - Bill 159 and Security Training

1. Latest Regulations - Bill 159 and Security Training • Karen Blau Director, Scout Intelligence Inc. • Jerrard Gaertner, CA·CISA/IT, CGEIT, CISSP, CIPP/IT, CFI, I.S.P., ITCPDirector, Technology Assurance Services, Soberman LLP • Moderator: Eric Green Programme Director, SC World Congress

2. Latest Regulations - Bill 159 and Security Training NOT LEGAL ADVICE • Neither Karen Blau nor Jerrard Gaertner are lawyers. • This presentation is NOT legal advice. • Always consult your solicitor or legal advisor if in doubt.

3. Latest Regulations - Bill 159 and Security Training Introductions • Speaker – Karen Blau, Director • Scout Intelligence Inc. • Author - Jerrard Gaertner, Director • Soberman LLP, Chartered Accountants • Moderator – Eric Green – SC World Congress

4. Latest Regulations - Bill 159 and Security Training Agenda • Brief history of Bill 159 • Training requirements in detail • Bill 159, IT security & digital forensics • A few comments about PIPEDA et al. • Conclusion and Q & A

5. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 - Aims • Public hearings as far back as 2000 • To professionalize security services, including private investigators • To protect the public interest through licensing, training and a new code of ethics • To ensure license portability • To establish knowledge standards for CPR and use of force • To establish standrards for uniforms, equipment, vehicles

6. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 - Enactment • Enacted 2005 (Ontario) as Private Security and Investigative Services Act (SO 2005, c. 34) (PSISA) • Regulations for LICENSING enacted 2007 • Regulations regarding TRAINING and TESTING exacted late 2009 and effective April 2010

7. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 • First substantive change to the security profession since 1966! • Considerable industry opposition at first because of perceived extra costs and regulatory burden for employers • No grandfathering provisions with respect to testing – some existing practitioners angry

8. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 - Applicability • This Act applies to private investigators and to security guards. • A private investigator is a person who performs work, for remuneration, that consists primarily of conducting investigations in order to provide information. • Examples of the types of information referred to: • (a) the character or actions of a person; • (b) the business or occupation of a person; and • (c) the whereabouts of persons or property.

9. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 - Applicability • A security guard is a person who performs work, for remuneration, that consists primarily of guarding or patrolling for the purpose of protecting persons or property. • Examples of the types of work referred to: • (a) acting as a bouncer; • (b) acting as a bodyguard; and • (c) performing services to prevent the loss of property through theft or sabotage in an industrial, commercial, residential or retail environment.

10. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 – NON Application This Act does not apply to: • barristers or solicitors engaged in the practice of their profession; • persons who perform work, for remuneration, that consists primarily of searching for and providing information on, • (i) the financial credit rating of persons, • (ii) the qualifications and suitability of applicants for insurance and indemnity bonds, or • (iii) the qualifications and suitability of persons as employees or prospective employees.

11. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 – NON Application • persons acting as a peace officer; • insurance adjusters licensed under the Insurance Act while acting in that capacity, and their employees while acting in the usual and regular scope of their employment; • insurance companies licensed under the Insurance Act and their employees while acting in the usual and regular scope of their employment;

12. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 – NON Application • persons residing outside Ontario who are licensed employees of a private investigation agency licensed in a Canadian jurisdiction outside Ontario, who • (i) on behalf of a person outside Ontario, make an investigation partly outside Ontario and partly within , and • (ii) come into Ontario solely for the purpose of such investigation; • persons who are paid for work that consists primarily of providing advice about security requirements but who are not soliciting/procuring services of private investigators or security guards;

13. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 – NON Application • persons who receive remuneration for work that consists primarily of providing an armoured vehicle service; • locksmiths; and • any class of persons exempted by the regulations (persons authorized to investigate by another Act – i.e. Trustees in bankruptcy).

14. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 – For Discussion • Is a firm which provides computer security advice a “security guard” within the meaning of the Act? • Is a firm which provides actively and continuously security monitoring of a client site a “security guard”? • Is an individual who performs digital forensics a private investigator?

15. Latest Regulations - Bill 159 and Security Training Brief history of Bill 159 – For Discussion – Still NOT legal advice! • Is a firm which provides computer security advice a “security guard” within the meaning of the Act? Probably not! • Is a firm which provides actively and continuously security monitoring of a client site a “security guard”? Probably! • Is an individual who performs digital forensics a private investigator? Depends - who are they working for (lawyer, Trustee, business)!

16. Latest Regulations - Bill 159 and Security Training Training Requirements - Testing • Every licensee MUST pass an exam (60 multiple choice / 75 minutes) once in professional career • Separate exam for security guard and private investigator • If initially licensed AFTER April 15, 2010, must ALSO take prescribed 40** hour training programme (live attendance or live video conference) **50 hours for P.I.

17. Latest Regulations - Bill 159 and Security Training Training Requirements - Renewal • Existing licensees whose licences are renewed PRIOR to July 16, 2010 may renew ONCE without passing the test • Existing licencees whose licences are renewable July 16, 2010 and onward MUST take the test prior to renewal

18. Latest Regulations - Bill 159 and Security Training Training Requirements – Curriculum Security Guard (40 classroom hours) • Introduction to the Security Industry • The Private Security and Investigative Services Act and Ministry Code of Conduct • Basic Security Procedures • Report Writing • Health and Safety • Emergency Response Preparation

19. Latest Regulations - Bill 159 and Security Training Training Requirements – Curriculum Security Guard (40 classroom hours) • Canadian Legal System • Legal Authorities • Effective Communications • Sensitivity Training • Use of Force Theory • Emergency Level First Aid Certification

20. Latest Regulations - Bill 159 and Security Training Training Requirements – Curriculum Private Investigator (50 classroom hours) • Introduction to the Private Investigation Industry • The Private Security and Investigative Services Act • Provincial and Federal Statutes • Criminal and Civil Law • Investigative Techniques

21. Latest Regulations - Bill 159 and Security Training Training Requirements – Other • Special advanced courses offered for “use of Force” and other high risk areas. • Not mandatory for general licencee.

22. Latest Regulations - Bill 159 and Security Training Training Requirements – Curriculum Private Investigator (50 classroom hours) • Principles of Ethical Reasoning/Decision-making • Key Principles of Communication and Interaction • Self-Management Skills

23. Latest Regulations - Bill 159 and Security Training Training Requirements – Rules • Take the test as many times as you wish but pay each time ($60) • Must be trained by prescribed organization recognized by Ministry of Community Safety and Correctional Services (MCSCS) • university • public/private college, • licenced training agency

24. Latest Regulations - Bill 159 and Security Training Training Requirements – Rules • Employer can train OWN employees if complies with MCSCS curriculum and guidelines (posted on MCSCS web site) • Employer subject to audit and penalties for non compliance • Must attend class in person or live video and write exam in person not on web • MCSCS delegates all testing to SERCO

25. Latest Regulations - Bill 159 and Security Training The Exam – Sample questions • A security guard patrolling a mall comes upon a suspect attempting to pick a lock to a store. The guard should: • Call the police and continue observing the suspect • Cordon off the area and ensure video surveillance is working • Apprehend the suspect using the minimum amount of force • None of the above

26. Latest Regulations - Bill 159 and Security Training The Exam – Sample questions • A security guard may operate in disguise, if: • Authorized by the employer • Authorized by the Minister of Community Safety • As permitted by section 35 of the PSISA • All of the above

27. Latest Regulations - Bill 159 and Security Training The Exam – Sample questions • A private investigator may be licensed only if the following condition applies: • Over 21 years of age • Having a clean criminal record • Posting a bond with the ministry • All of the above

28. Latest Regulations - Bill 159 and Security Training IT Security and Digital Forensics • Some considerations when determining if activity falls within PSISA • Is the engagement/work being done with, by or for a police force or peace officer? • Is the engagement/work being done for a lawyer or other professional exempt from PSISA? • What is the nature of the relationship between the service provider, client and subject (contractual, employee/er, agency)?

29. Latest Regulations - Bill 159 and Security Training IT Security and Digital Forensics • Further considerations: • Does the work fall under any PSISA exemption (i.e. insurance, security advice)? • Does the service provider's professional organization recommend or require obtaining a licence under PSISA?

30. Latest Regulations - Bill 159 and Security Training IT Security and Digital Forensics • No clear answer at this time as to whether to licence or not. • No definitive case law yet. • Depends on circumstances. • However, exam process appears to be a relatively minor inconvenience except for the week or required classroom time.

31. Latest Regulations - Bill 159 and Security Training Privacy Law and the Investigator • PIPEDA being a federal law has paramountcy over provincial laws • Exceptions to privacy rules about collection, disclosure and use of personal information: • Investigation of a possible crime or violation of an Act of Canada or a province • Related to a federal “work” - federally regulated business or operation • Request made by specified investigative body (see regulations) • Re: debt collection

32. Latest Regulations - Bill 159 and Security Training Conclusion • PSISA brings a much needed basic level of professionalism to the security and investigation profession in Ontario • Much of the tempest-in-a-tea-pot has been about the perceived burden of 40 hours training and one time testing and the associated costs – but these appear relatively minor • IT security professionals may be caught in the PSISA net if their work falls within the definitions

33. Latest Regulations - Bill 159 and Security Training Questions?

34. Latest Regulations - Bill 159 and Security Training Contact Information • Karen Blau - kblau@scoutintel.com • (905) 508-6946 • Jerrard Gaertner - jgaertner@soberman.com • (416) 963-7147