Legal Limits of Surveillance in Canada What PIs Can and Can’t Do

1. Legal Limits of Surveillance in Canada: What PIs Can and Can’t Do Contents .................................................................................................................................................................... 1 What Private Investigators Can Legally Do in Ontario............................................................................. 2 ✅ Conduct Video and Photo Surveillance in Public Spaces .................................................................. 2 ✅ Follow Individuals in Public Areas Without Harassment .................................................................. 2 ✅ Use GPS Tracking Only with Consent or Legal Authority .................................................................. 2 ✅ Observe and Report Suspicious or Fraudulent Activity .................................................................... 3 ✅ Conduct Background and OSINT (Open Source Intelligence) Research ............................................ 3 What Private Investigators Cannot Do in Canada ................................................................................... 3 ✅ Cannot Trespass on Private Property ............................................................................................... 3 ✅ Cannot Record Conversations Without Consent .............................................................................. 3 ✅ Cannot Impersonate Law Enforcement or Misrepresent Identity .................................................... 3 ✅ Cannot Install GPS Devices Without Ownership or Permission ........................................................ 4 ✅ Cannot Use Hidden Cameras Inside Private Residences .................................................................. 4 Key Legal Frameworks Affecting Surveillance in Ontario ........................................................................ 4 ✅ Criminal Code of Canada .................................................................................................................. 4 ✅ Personal Information Protection and Electronic Documents Act (PIPEDA) ...................................... 4 ✅ Ontario Trespass to Property Act ..................................................................................................... 4 ✅ Private Security and Investigative Services Act (PSISA) .................................................................... 5

2. How Private Investigator Training Prepares You for Legal Surveillance .................................................. 5 ✅ Teaches Legal Compliance, Privacy Rights, and Ethical Boundaries ................................................. 5 ✅ Includes Case Scenarios to Apply Surveillance Laws ........................................................................ 5 ✅ Prepares Students for Real-World Application Without Legal Risk .................................................. 5 Consequences of Breaking Surveillance Laws ......................................................................................... 5 ⚖⚖ Licence Suspension or Revocation ............................................................................................... 5 ✅ Civil Lawsuits for Invasion of Privacy ................................................................................................ 6 ✅ Criminal Charges (e.g., Harassment, Mischief) ................................................................................. 6 ✅ Reputational Harm to the Investigator and Agency ......................................................................... 6 Contact Us Today .................................................................................................................................... 6 Training Centre Canada ....................................................................................................................... 6 What Private Investigators Can Legally Do in Ontario Private investigators in Ontario are permitted to engage in several types of surveillance—provided they follow the rules laid out by the Private Security and Investigative Services Act (PSISA) and relevant privacy legislation. ✅ Conduct Video and Photo Surveillance in Public Spaces PIs are allowed to take videos and photos of individuals in public places where there is no expectation of privacy. This includes streets, parks, parking lots, or any location visible to the general public. ✅ Follow Individuals in Public Areas Without Harassment Surveillance professionals may lawfully follow individuals in public to observe their behaviour. However, the actions must not cross the line into stalking or harassment, which could lead to criminal charges. ✅ Use GPS Tracking Only with Consent or Legal Authority

3. PIs may only use GPS devices on vehicles they own, or if the client who hired them owns the vehicle. Installing a GPS tracker on someone else's car without proper consent is illegal in Canada and could result in criminal prosecution. ✅ Observe and Report Suspicious or Fraudulent Activity Investigators are permitted to monitor, document, and report activities that appear to be fraudulent or suspicious, especially when working on cases involving insurance claims, corporate theft, or infidelity. ✅ Conduct Background and OSINT (Open Source Intelligence) Research Training programs in Ontario teach investigators how to use online tools and public records to perform legal background checks. Gathering data from social media, court records, or business databases is allowed when done through open- source methods. What Private Investigators Cannot Do in Canada ✅ Cannot Trespass on Private Property PIs are not permitted to enter or remain on private property without consent. This includes entering someone’s home, fenced yard, private driveway, or business premises. Doing so may result in criminal trespassing charges and professional penalties. ✅ Cannot Record Conversations Without Consent In Canada, at least one party to a conversation must consent to its recording. While PIs can legally record conversations they are part of, they cannot secretly record conversations between others without consent. The rules may vary slightly by province, but this principle is upheld nationally. ✅ Cannot Impersonate Law Enforcement or Misrepresent Identity Private investigators are strictly forbidden from posing as police officers, government agents, or any other official. They may not use badges, uniforms, or

4. titles that imply law enforcement authority. Misrepresentation is both unethical and illegal. ✅ Cannot Install GPS Devices Without Ownership or Permission Placing a GPS tracking device on a vehicle without either ownership or the owner's consent is unlawful in Canada. Even if a client requests tracking, the PI must verify ownership or obtain clear, documented permission before proceeding. ✅ Cannot Use Hidden Cameras Inside Private Residences Using concealed surveillance devices inside someone’s home, apartment, or other private spaces is a serious violation of privacy laws. Hidden cameras may only be used in public areas where individuals do not have a reasonable expectation of privacy. Key Legal Frameworks Affecting Surveillance in Ontario ✅ Criminal Code of Canada The Criminal Code governs many aspects of surveillance, including prohibitions on criminal harassment, stalking, and the unlawful interception of communications. PIs must be careful not to cross legal lines when conducting surveillance—such as using wiretaps, which are only permitted under court-authorized circumstances. ✅ Personal Information Protection and Electronic Documents Act (PIPEDA) PIPEDA outlines how personal information can be collected, used, and disclosed by private sector organizations. While there are exemptions for investigative purposes, private investigators must still demonstrate that their actions are reasonable, lawful, and conducted for legitimate purposes. ✅ Ontario Trespass to Property Act This provincial legislation prohibits unauthorized entry onto private property. Private investigators cannot enter homes, backyards, or other restricted areas

5. without permission. Even stepping onto a client’s property without consent during surveillance could be deemed trespassing. ✅ Private Security and Investigative Services Act (PSISA) The PSISA is the primary legislation governing private investigators in Ontario. It sets out the training requirements, licensing procedures, and code of conduct expected of all licensed investigators. Violating these standards can lead to licence suspension, fines, or permanent disqualification. How Private Investigator Training Prepares You for Legal Surveillance ✅ Teaches Legal Compliance, Privacy Rights, and Ethical Boundaries Formal training covers essential legislation such as the Criminal Code of Canada, PIPEDA, and the PSISA. Students learn what they are legally permitted to do—and more importantly, what actions could result in legal consequences or licence suspension. ✅ Includes Case Scenarios to Apply Surveillance Laws Hands-on training modules and case-based learning help students apply theoretical knowledge to real-life scenarios. This includes understanding when surveillance crosses the line into harassment, or how to document activities without violating privacy. ✅ Prepares Students for Real-World Application Without Legal Risk Graduates of Ministry-approved courses are equipped with the skills to carry out professional investigations while avoiding legal pitfalls. Whether it’s following a subject in public, documenting suspicious activity, or conducting online research, training ensures every action is legally sound. Consequences of Breaking Surveillance Laws ✅✅ Licence Suspension or Revocation

6. The Private Security and Investigative Services Branch (PSISB) has the authority to suspend or permanently revoke a PI’s licence for breaching legal or ethical standards. Even a single violation can lead to disciplinary action and bar future employment in the industry. ✅ Civil Lawsuits for Invasion of Privacy Individuals who believe their privacy has been unlawfully invaded can file civil lawsuits against the investigator or their agency. This could result in court- ordered damages, legal costs, and long-term financial liability. ✅ Criminal Charges (e.g., Harassment, Mischief) Breaking surveillance laws can lead to criminal charges under the Criminal Code of Canada. Offences may include harassment, trespassing, mischief, or the unlawful interception of communications—each carrying the potential for fines or imprisonment. ✅ Reputational Harm to the Investigator and Agency Even if formal charges are avoided, being accused of unlawful surveillance can seriously damage a PI’s professional reputation. Agencies employing untrained or unethical investigators may lose clients, receive negative media attention, and face regulatory scrutiny. Contact Us Today Training Centre Canada 120 Eglinton Avenue East, Toronto Phone Number: (647) 479-8474 Website: https://trainingcentrecanada.ca

7. Email: info@trainingcentrecanada.ca