Manitoba Justice

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 licence/registration fees?
8. What forms of payment are accepted?
9. Can I be charged for employing security guards/private investigators without holding a valid licence/registration?
10. Do I have to report if I, a company manager and a private investigator and/or security guard I employ have been charged 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?

   Criminal record and child abuse registry checks must be updated every three years.

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

   Business licences and employer registrations must be renewed annually. However, any changes in information or personnel listed on the application must be reported to the program within 15 days. Please complete the Business Licence –Update form and submit to the program.

6. 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 completed application.

   If your licence application has been denied, you can complete a Notice of a Request for Hearing Business form found here.

7. What are the licence/registration fees?

   The business fees are as follows:

   Security Guard Agency Licence:	$400.00 annually
   Private Investigator Agency:	$400.00 annually
   Dual Agency Licence:	$800.00 annually
   Branch Office:	$200.00 annually
   Security Guard Employer Registration	$50.00 annually

8. What forms of payment are accepted?

   Cash, cheque (No personal cheques permitted), money order, debit, credit card and on-line payments.

9. Can I be charged with a breach of The Private Investigators and Security Guards Act if I employ security guards/private investigators without holding a valid licence/registration?

   Yes.
   It is a violation of Sections 4(1) and 5(1) of The Private Investigators and Security Guards Act to operate a business without a licence and it is a violation of Section 5(2) to employ security guards without registration.

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

    Yes.
    Section 19.1(2)(d)(e)(f) of the Act requires that you report a charge laid against a person, a conviction against a person and/or a charge laid for a crime or a conviction for a crime against an individual who is employed or engaged by the person as a private investigator or security guard. You must report this information to the program within 15 days of it occurring.

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 Private Investigator and Security Guard program and/or a business card. However, the business card can not refer to licensing under the Act.

 

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