Private Investigators and Security Guards Program

Frequently Asked Questions - Businesses

1. When can a business provide the services of security guards/private investigators?
2. What is the difference between a business licence and the registration of an employer?
3. What is required for a business licence or employer registration?
4. As a business owner or company manager how often must I update my personal information?
5. After the application has been submitted, how long before I receive my licence/registration?
6. When do I have to renew my business licence or registration?
7. What are the business licence/registration fees?
8. What forms of payment are accepted?
9. Can I be charged with a breach of The Private Investigators and Security Guards Act if I:
   a) provide or employ security guards/private investigators without holding a valid business licence/registration?
   b) provide or employ security guards/private investigators who do not hold valid individual licences?
10. Do I have to report if I, a company manager or a private investigator and/or security guard I employ have been charged with and/or convicted of a criminal offence?
11. Can an agency or its agents collect accounts for companies?
12. Can an agency or its agents seize or repossess property or assist in seizing or repossession of property?
13. Can a security guard/private investigator use the following equipment?
    1. Batons/Nightsticks
    2. Firearms
    3. Handcuffs
    4. Oleoresin Capsicum (OC) Spray (Pepper Spray)
14. Do I have to advise someone when I hire or dismiss a security guard/private investigator?
15. Do I have to advise someone about the locations where I am providing security guard services?
16. How can I confirm that a prospective employee holds a current licence?
17. Are there restrictions on the type of uniform I can issue to security guard employees?
18. Must the security guards I employ wear uniforms while on duty?
19. Are there exceptions to the requirement that a uniform must be worn while working as a security guard?
20. Are there restrictions regarding the use of uniforms by private investigators?
21. May I use the term "private detective", “law enforcement officer” or “protection officer” when advertising my business or identifying my staff?
22. May I issue badges or "shields" to my security guard or private investigator employees?

1. When can a business provide the services of security guards/private investigators?

   Only after the business has been issued and receives a licence from Manitoba Justice.

2. What is the difference between a business licence and an employer registration?

   A business licence is required when a business wants to provide security guards and/or private investigators on a contract basis to third parties.

An employer registration is required when security guards are hired and retained for in-house employment only.

3. What is required for a business licence or employer registration?

   The documents required for a business licence can be found here.

   The documents required for the registration of an employer can be found here.

4. As a business owner or company manager how often must I update my personal information?
   

   Section 19.1 of The Private Investigators and Security Guards Act contains provisions regarding the reporting and updating of both personal and business information. The Act and its Regulation may be found here.

   Criminal record and child abuse registry checks must be updated every three years. Their expiry is not the same as that of the licence issued to your business.

   Your criminal record and child abuse registry checks expire based on the date the results were processed by the police service or Child Abuse Registry Unit.  For example, if you give a criminal record check (or transcript) to the Private Investigators and Security Guards Program which has been dated July 15, 2014 by the police, it would expire on July 15, 2017.  This is the same for your child abuse registry check.  Check the dates on your criminal record check and child abuse registry check before you submit them so that you know when they expire.

   Further information regarding document expiry and renewal can be found here

5. After the application has been submitted, how long before I receive my licence/registration?

   All applications are processed as quickly as possible. It may take up to one month to determine licence eligibility depending on whether all requirements are met and all required supporting documentation is enclosed with your application. Depending on existing backlog at the time of application submission, it may take longer, however.

   Please ensure your application submission is complete. The review required for application submissions which are incomplete creates additional delays in processing. Incomplete applications will be returned to the sender.

6. When do I have to renew my business licence/registration?

   Business licences and employer registrations must be renewed annually. The expiry date is listed on the licence or registration letter issued to you. You must renew each year before expiry. You should submit your application for renewal and payment at least a month and a half ahead of expiry.

    

   IMPORTANT

   It is important to remember that other essential documents providing information tied to a business licence may expire at a different time than the annual licence term. As the licence holder you are responsible for keeping all of your related licensing documents up to date with the Private Investigators and Security Guards Program. This includes managing and renewing criminal record and child abuse registry checks, and proof of bond and liability insurance. Please remember that for business licensees more than one individual may have to provide/renew their criminal record check and Child Abuse Registry check information.

   If you allow your licence term to lapse you may no longer provide/employ security guards or private investigators. If you are the holder of a business licence, failure to submit renewed information and documentation for your bond, insurance, criminal record checks and child abuse registry checks prior to expiry may affect the status of your licence and you may also no longer be able to provide/employ security guards or private investigators. It is an offence to provide, employ or engage security guards and private investigators without a valid business licence or registration.

   More information on this is provided here

7. What are the business licence/registration fees?

   Fees for Business Licences/Branch Office Licences and Registrations are as follows:

   Security Guard Agency Licence:	$500.00 annually
   Private Investigator Agency:	$500.00 annually
   Dual Agency Licence:	$1000.00 annually
   Branch Office:	$200.00 annually
   Registration as Security Guard Employer	$65.00

 

8. What forms of payment are accepted?

   Cash (exact payment amount only), cheque (no personal cheques permitted unless certified), money order, debit card, and credit card. Money Orders and cheques must be made payable to the Minister of Finance. American Express is not an accepted card for payment.

9. Can I be charged with a breach of The Private Investigators and Security Guards Act if I:
   a) provide or employ security guards/private investigators without holding a valid business licence/registration?
   b) provide or employ security guards/private investigators who do not hold valid individual licences?
   

   Yes in both cases.
   Section 37 of The Private Investigators and Security Guards Act sets out that it is an offence to contravene a provision of the Act or regulations.

   It is a violation of Sections 4(1) and 5(1) of The Private Investigators and Security Guards Act to provide security guards or private investigators without a licence, and it is a violation of Section 5(2) to employ security guards without registration.

   It is a violation of Sections 4(2) and 5(3) of The Private Investigators and Security Guards Act to employ or engage security guards or private investigators who do not hold valid individual licences.

10. Do I have to report if I, a company manager or a private investigator and/or security guard I employ have been charged with and/or convicted of a criminal offence?

    Yes.
    Section 19.1 of the Act sets out reporting requirements for a person engaged in the business of providing security guards and/or private investigators. Subsections 19.1(2) and 19.1(3) of the Act require the person to report a charge laid for a crime or a conviction for a crime against them, and anyone employed or engaged by them as a private investigator or security guard. Within 15 days after any of these things occurring the person must report it to the registrar.

11. Can an agency or its agents collect accounts for companies?

    No.
    Section 34 of The Private Investigators and Security Guards Act prohibits this type of activity.

12. Can an agency or its agents seize or repossess property or assist in seizing or repossession property?

    No.
    Section 34 of The Private Investigators and Security Guards Act prohibits this type of activity.

13. Can a security guard/private investigator use the following equipment?

    1. Batons/Nightsticks
       While batons are not considered prohibited weapons, security guards and private investigators should not use or carry batons, truncheons, nightsticks, billy clubs or any similar item as a weapon. Possessing or using this equipment could place an individual in violation of the Criminal Code.

    2. Firearms
       No.
       Individuals licenced under The Private Investigators and Security Guards Act may not carry any type of restricted weapon.

    3. Handcuffs
       The use of handcuffs, although not specifically prohibited, should be closely monitored by the employer. As a general rule, only the minimum level of force necessary may be used to restrain a person being lawfully placed under arrest. Any other application of force may lead to violations of the Criminal Code.

    4. Oleoresin Capsicum (OC) Spray – Pepper Spray
       No.
       Security guards and private investigators are prohibited from the possession/use of pepper spray. OC spray is considered a prohibited weapon under the Criminal Code.

14. Do I have to advise someone when I hire or dismiss a security guard/private investigator?

    Yes.
    Section 18(1) of the Private Investigator and Security Guard Regulation requires you to advise the Private Investigator and Security Guard program on a monthly basis of all licenced personnel currently employed and the names of all individuals who are no longer employed.

15. Do I have to advise someone about the locations where I am providing security services?

    Yes.
    Section 17(1) of the Private Investigator and Security Guard Regulation requires that licensees providing security guards advise the Private Investigator and Security Guard program the address of the location, dates and times services are provided and the name, telephone number and e-mail address of the individual responsible for management and supervision of the location.

16. How can I confirm that a prospective employee holds a current licence?

    The Private Investigator and Security Guard program maintains a database of all licenced security guards and private investigators in Manitoba. Please submit your request to confirm licensing to pisg@gov.mb.ca or call 204-945-1242/945-2825.

17. Are there restrictions on the uniform security guards can wear?

    Yes.
    To avoid any confusion for the public, uniforms worn by security guards can not look the same as those worn by police officers. The uniform must clearly identify the individual as a “security guard.” This is done by ensuring the words “security guard” are in clear letters and on the outermost garment worn by the security guard.

    The Regulation requires that uniforms, badges and insignia worn by security guards should be in a design, colour and pattern that makes them different and clearly distinguishable from the uniforms, badges and insignia of any military or police force.

18. Must security guards wear uniforms while on duty?

    Yes.
    The Private Investigators and Security Guards Act requires a security guard to wear a uniform while on duty.

19. Are there any circumstances when a security guard can not wear a uniform?

    The only exception is for individuals who perform duties as Loss Prevention Officers. At all other times when on duty, a security guard must be in uniform.

    To obtain an exemption the uniform exemption form must be completed and submitted along with the licence application.

20. Can a private investigator wear a uniform while on duty?

    No.
    The Act says that a private investigator can not wear a uniform.

21. May I use the term "private detective", “law enforcement officer” or “protection officer” when advertising my business or identifying my staff?

    No.
    These terms are prohibited by the Act.

22. May I issue badges or "shields" to my security guard or private investigator staff as evidence of authority or for identification purposes?

    No.
    The only form of identification that the Act allows is the licence issued by the Registrar under The Private Investigators and Security Guards Act. In the case of private investigators they may also carry a business card which contains no reference to licensing under the Act.