|
|
|
Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Private Investigators and Security Services Act
 
Legislature :
54
Session :
4
Bill No. :
12
Member :
Hon. Blaney
First Reading :
2001-12-11
Second Reading :
2001-12-12
Committee of the Whole :
2002-5-29
Amended :
2002-5-29
Third Reading :
2002-5-30
Royal Assent :
2002-6-7
        
.........................................................................................................................................................................................................
Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Private Investigators and Security Services Act, chapter P-16 of the Revised Statutes, 1973, is amended

       (a) by repealing the definition "Commission";

       (b) by adding the following definition in alphabetical order:

"Adjudicator" means the person appointed under section 22.2 to hear and determine appeals under this Act;

       (c) by repealing the definition "Minister" and substituting the following:

"Minister" means the Minister of Public Safety and includes a person designated by the Minister to act on behalf of the Minister;

2 Section 2.1 of the Act is repealed.

3 Subsection 2.2(1) of the Act is amended by striking out "Lieutenant-Governor in Council" and substituting "Minister".

4 Section 2.3 of the Act is repealed and the following is substituted:

2.3 The Minister may direct an investigation authorized under subsection 17(2) or section 18 to be carried out by an inspector.

5 Section 4 of the Act is amended

       (a) in subsection (1) by striking out "Commission" wherever it appears and substituting "Minister";

         

         

       (b) by repealing subsection (2) and substituting the following:

4(2) An application for a licence shall apply to the Minister in a form prescribed by the Minister and shall furnish such information as the Minister requires.

       (c) by repealing subsection (3) and substituting the following:

4(3) The Minister may require an applicant to furnish such additional information and may make such investigations and may conduct such examinations as the Minister
considers necessary respecting the character, financial position and competency of an applicant.

       (d) in paragraph (5)(a) by striking out "Commission" and substituting "Minister";

         

       (e) by repealing subsection (6) and substituting the following:

4(6) No licence to operate an agency shall be issued to any person where that person or the person who will manage the agency has been found guilty or convicted of an offence
under any Act of the Parliament of Canada, including the Criminal Code (Canada), that the Minister considers relevant to the fitness of the person to operate or manage the
agency and no pardon has been granted in respect of the offence.



6 Section 4.1 of the Act is amended

       (a) in subsection (1)

       (i) by repealing the portion preceding paragraph (a) and substituting the following:

         

4.1(1) The Minister shall on application issue a licence to a person to operate an agency unless, after making such inquiry as the Minister considers necessary, the Minister
is of the opinion that

       (ii) in paragraph (h) by striking out "Commission" and substituting "Minister";

         

       (b) in subsection (2)

       (i) by repealing the portion preceding paragraph (a) and substituting the following:

         

4.1(2) The Minister shall on application issue a licence to a person to act as an agent unless, after making such inquiry as the Minister considers necessary, the Minister is of
the opinion that



       (ii) in paragraph (e) by striking out "Commission" and substituting "Minister";

         

       (c) by repealing subsection (3) and substituting the following:

4.1(3) No licence shall be refused under this section without giving the applicant an opportunity to be heard and to be represented by counsel.

7 Section 5 of the Act is amended

       (a) in subsection (1) by striking out "Commission" and substituting "Minister";

         

       (b) by repealing subsection (2) and substituting the following:

5(2) The Minister shall not grant a licence where the Minister is of the opinion that the granting of the licence is not in the public interest but no licence shall be refused
under this section without giving the applicant the opportunity to be heard and to be represented by counsel.

8 Subsection 5.1(1) of the Act is amended by striking out "Commission" and substituting "Minister".

9 Section 6 of the Act is amended

       (a) in paragraph (1)(b) by striking out "Commission" and substituting "Minister";

         

       (b) in subsection (2) by striking out "Commission" and substituting "Minister".

         

10 Section 7 of the Act is amended

       (a) in the portion preceding paragraph (1)(a) by striking out "Commission" and substituting "Minister";

       (b) by repealing subsection (2) and substituting the following:

7(2) Where a person licensed to operate an agency or to act as an agent has been charged with an offence under this Act or any Act of the Parliament of Canada including the
Criminal Code (Canada), the person shall forthwith notify the Minister in writing of the charge and the particulars thereof.



11 Section 7.1 of the Act is amended by striking out "Commission" and substituting "Minister".



12 Section 8 of the Act is amended

       (a) by repealing subsection (1) and substituting the following:

8(1) Subject to section 11, a licence under this Act expires on the last day of the twelfth month following the granting of the licence.

       (b) by adding after subsection (1) the following:

8(1.1) Notwithstanding subsection (1), every licence issued under this Act at a time when such licence expired on the thirty-first day of March and which is valid immediately
before the commencement of subsection (1) expires on the last day of the month in which the first licence was granted under this Act to that person or agency, as the case may
be, that next follows March 31, 2002.

       (c) in the portion preceding paragraph (2)(a) by striking out "Commission" and substituting "Minister".

13 Section 9 of the Act is amended by striking out "Commission" and substituting "Minister".



14 Section 10 of the Act is repealed and the following is substituted:

10 No person employed in the administration of this Act shall disclose information received under this Act except



       (a) for purposes relating of the administration of this Act,

       (b) upon the request or with the written approval of the person to whom the information relates, or

       (c) as required by law.

15 Section 11 of the Act is amended

       (a) in subsection (1) by striking out "Commission" and substituting "Minister";

         

       (b) in subsection (2) by striking out "Commission" and substituting "Minister";

         

       (c) in subsection (3) by striking out "Commission" and substituting "Minister";

         

       (d) in subsection (3.1) by striking out "Commission" and substituting "Minister".

         

16 Subsection 12(2) of the Act is amended by striking out "Commission" and substituting "Minister".

17 Section 12.1 of the Act is amended by striking out "Commission" and substituting "Minister".



18 Subsection 16.1(2) is amended in the portion preceding paragraph (a) by striking out "Commission" wherever it appears and substituting "Minister".



19 Section 17 of the Act is amended

       (a) in subsection (1) by striking out "Commission" and substituting "Minister";

         

       (b) by striking out the portion preceding paragraph (2)(a) and substituting the following:

         

17(2) Upon receipt of a complaint in writing, the Minister shall investigate the complaint and may, after extending to the licensee and the complainant the opportunity to be
heard and to be represented by counsel, suspend or revoke the licence where the Minister is satisfied on reasonable grounds that

20 Section 18 of the Act is repealed and the following is substituted:

18 In addition to the power conferred in section 17, the Minister on his or her own motion may investigate the activities of any licensee that are related to this Act and, after
giving the licensee an opportunity to be heard and to be represented by counsel, may suspend or revoke a licence for any reason set out in subsection 17(2).



21 Section 18.1 of the Act is repealed.

22 The Act is amended by adding after section 22 the following:

22.1 There shall be an appeal from a decision of the Minister under this Act to an Adjudicator appointed under section 22.2.

22.2(1) The Lieutenant-Governor in Council shall appoint in writing an Adjudicator to hear and determine appeals under this Act.



22.2(2) The Adjudicator shall be appointed for a term of three years and is not eligible for reappointment.

22.2(3) An Adjudicator is entitled to be paid

       (a) remuneration to be fixed by the Lieutenant-Governor in Council, and

       (b) an allowance for travelling and other expenses incurred in the performance of the duties of the Adjudicator at a rate approved by the Lieutenant-Governor in Council.

22.3(1) An appeal of a decision of the Minister may be commenced by serving on the Minister, within forty-five days after the original decision, a written notice of appeal.

22.3(2) The notice of appeal shall contain

       (a) a statement of the matter appealed from,

       (b) the grounds for appeal, and

       (c) any other relevant information in support of the appeal.

22.3(3) The Minister shall, within thirty days of receipt of the notice of appeal, provide the Adjudicator with a copy of the notice of appeal.

22.4 At the hearing of an appeal before an Adjudicator, the person making the appeal and the Minister have the right to attend and make representation either on their own
behalf or through counsel.

22.5(1) The Adjudicator may make additional rules respecting the procedure for notification of a hearing, making representation and the conduct of the hearing.

22.5(2) The Adjudicator may, on appeal, affirm, vary or reverse the original decision.

22.5(3) The adjudicator shall give written reasons for the decision.

22.5(4) A copy of the written decision of the Adjudicator shall be served either personally or by prepaid registered mail

       (a) on the Minister, and

       (b) on the person initiating the appeal.

23 Section 24 of the Act is amended

       (a) in paragraph (b) by striking out "Commission" and substituting "Minister";

         

       (b) in paragraph (c) by striking out "Commission" and substituting "Minister";

       (c) in the portion following paragraph (d) by striking out "Chairman of the Commission" and substituting "Minister".

24 The Act is amended by adding after section 24 the following:

24.1 The Minister is responsible for the administration of this Act and may designate persons to act on behalf of the Minister.

25 Section 25 of the Act is amended

       (a) by repealing paragraph (a) and substituting the following:

       (a) respecting applications for licences and the information to be submitted in respect of such applications;

       (b) by repealing paragraph (b) and substituting the following:

       (b) respecting application fees;

26(1) Subsection 4(3) of New Brunswick Regulation 84-103 under the Private Investigators and Security Services Act is amended by striking out "Commission" wherever it
appears and substituting "Minister".



26(2) Subsection 5(1) of the Regulation is amended in the portion preceding paragraph (a) by striking out "fee" and substituting "application fee".

26(3) Subsection 6(2) of the Regulation is amended by striking out "Commission" and substituting "Minister".

26(4) Section 8 of the Regulation is amended

       (a) in subsection (2) by striking out "Commission" and substituting "Minister";

         

       (b) in subsection (5) by striking out "Commission" and substituting "Minister".

         

26(5) Paragraph 9(c) of the Regulation is amended by striking out "Commission" wherever it appears and substituting "Minister".



26(6) Section 11 of the Regulation is amended in the portion preceding paragraph (a) by striking out "Commission" and substituting "Minister".



26(7) Section 16 of the Regulation is amended by striking out "Commission" and substituting "Minister".

26(8) Form 1 of the Regulation is amended

       (a) by striking out

PROVIDED THAT where the Principal causes any person to suffer a loss through any wilful act or neglect and such person makes application to the Private Investigators
and Security Services Licensing Commission (hereinafter called the Commission) indicating the reason for the loss and the refusal or inability of the person occasioning the
loss to make restitution, together with any other information that the Commission considers necessary, the Obligee, through the Chairman of the Commission, may declare
this Bond forfeited and in such case the amount of the Bond is a debt due the Obligee owing by the person bound thereby;



       and substituting the following:

PROVIDED THAT where the Principal causes any person to suffer a loss through any wilful act or neglect and such person makes application to the Minister indicating the
reason for the loss and the refusal or inability of the person occasioning the loss to make restitution, together with any other information that the Minister considers
necessary, the Obligee, through the Minister, may declare this Bond forfeited and in such case the amount of the Bond is a debt due the Obligee owing by the person bound
thereby;

       (b) by striking out

AND FURTHER PROVIDED THAT the Surety shall have the right to cancel this Bond at any time, by giving sixty days' notice in writing to the Commission,

       and substituting the following:

AND FURTHER PROVIDED THAT the Surety shall have the right to cancel this Bond at any time, by giving sixty days' notice in writing to the Minister,

27 Section 6.1 as enacted by section 2 of an Act to Amend the Private Investigators and Security Services Act, chapter 12 of the Acts of New Brunswick, 1991, is amended

       (a) by repealing subsection (3) and substituting the following:

6.1(3) The Minister shall provide a copy of the bond, certified by the Minister to be a true copy, to any person who files with the Minister an affidavit setting forth that that
person has suffered a loss as a result of the wilful act of the agent, and that that person has not been compensated for such loss.

       (b) by repealing subsection (4) and substituting the following:

6.1(4) A document purporting to be a copy of a bond certified by the Minister is, without proof of the appointment, authority or signature of the Minister, admissible in evidence
in any action to recover on the bond and when so admitted is equally authentic and of equal weight in evidence as the original document.



28(1) New Brunswick Regulation 84-103 under the Private Investigators and Security Services Act shall be deemed to be validly made and to have been enforceable or to be
enforceable, as the case may be.

28(2) Paragraphs 25(a) and (b) as enacted by section 25 of this amending Act shall be deemed to have come into force on May 18, 1984.

29 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



Amendment :Section 5
In subsection 4(2) of the English version by striking out "application" and substituting "applicant".

Section 14
In paragraph 10(a) of the English version by strking out "relating of" and substituting "relating to".
.........................................................................................................................................................................................................
Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
DISCLAIMER