Security Industry and Licensing
Risk Assessments
Overview
Both the security worker and each controlling member of a security business is considered to hold a position of trust. Therefore, under section 4, 15 and 28 of the Security Services Act, criminal charges, convictions or other reliable information which questions the character, skill, mental condition, or repute of these individuals permits the Registrar to refuse to issue, suspend, or cancel a security licence.
A Risk Assessment Review is done by the Registrar on security workers when they are applying for or renewing a security worker licence and on controlling members when a business applies for a security business licence, renews the licence, and upon receiving information that a new controlling member has joined the business. When the Registrar reviews licence application packages, the same assessment takes place on each controlling member of the security business as for security workers.
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What is involved in the Registrar's Assessment
The Registrar is required to review applications for new or renewal of licences, for the following information which is considered but not limited to:
- results of a criminal record check — if the checks reveal pending charges, convictions, peace bonds, recognizance orders, stay of proceedings, conditional and absolute discharges of any offence under the Criminal Code of Canada, Youth Criminal Justice Act or Controlled Drugs and Substances Act (Canada).
- Security Compliance and Enforcement unit reports – if the inspectors, while monitoring licensee compliance through inspections and through the complaint process report, as a result of an inspection or investigation, that a security worker or controlling has committed a contravention or is non-compliant
- complaints — if filed against the licensee or business/controlling member by the general public
- mental condition — if reported by the individual/security worker, or controlling member’s doctor in compliance with the Security Services Act.
What happens during the assessment period
A risk assessment is completed on every application received. The process could take approximately 4 – 6 weeks, depending on the information received. Licensees holding a valid licence who report new charges or convictions to the Registrar within 14 days (as required by the act), may be permitted to continue providing security services while a risk assessment is conducted, unless advised otherwise by the Registrar.
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The Risk Review – Individual / Security Worker
If, after running a criminal record check, a relevant record is identified, the individual may choose from one of the following three options. Each option has different consequences:
Option 1:
The individual may decide not to proceed with the application for a licence or may volunarily return their licence to the Registrar. |
Consequence of Option 1:
Section 2 of the Security Services Act prohibits individuals from working as a security employee unless they hold a valid licence. |
Option 2:
The individual may confirm the record and make a written submission to the Registrar as to why they should be issued a security licence or retain their licence in spite of the record. |
Consequence of Option 2:
The individual may continue to work under their existing licence while the Registrar reviews their submission.
OR
Registrar may suspend the individual's security worker licence pending outcome of the risk assessment review, or the individual may not be issued a licence pending the outcome of the risk assessment review. |
Option 3:
The individual may wait until fingerprint analysis confirms the record (this process will likely take a minimum of 3 months). |
Consequence of Option 3:
The individual's security worker licence may be suspended. The individual is not permitted to work until receiving further notice from the Registrar or the licence is re-issued. |
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The Risk Assessment – Controlling Members of a Business
If a relevant record is identified for a controlling member, the business and/or controlling member has a four options. Each option has different consequences:
Option 1:
The business may decide not to proceed with the application for a licence or may voluntarily return the security business licence to the Registrar. |
Consequence of Option 1:
Section 2 or Section 11 of the Security Services Act prohibits individuals from working as a security employee unless they hold a valid licence. |
Option 2:
The controlling member may confirm the record and make a written submission to the Registrar as to why the business should be issued a security business licence or retain the current licence in spite of the individual’s record.
|
Consequence of Option 2:
If the business has a current security business licence, the controlling member in question may continue as a controlling member under the existing security business licence while the Registrar reviews the submission.
OR
Registrar may suspend the security business licence pending outcome of the licensing review. |
Option 3:
The controlling member may wait until fingerprint analysis confirms the record. (This process will likely take a minimum of 3 months.)
|
Consequence of Option 3:
The security business licence may be suspended and the business is not permitted to operate until further notice from Security Programs. |
Option 4:
The controlling member may opt to leave the business. |
Consequence of Option 4:
Security business licence issued. |
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Mental Condition Assessment
A security business is considered to hold a position of trust. Therefore, under the Security Services Act, any reliable information which questions the mental condition as well as conduct, education, training, experience, skill, character or repute of any of the business’s controlling members permits the Registrar to refuse to issue or renew, suspend or cancel a security licence. Section 4(1)(e) of the Security Services Regulation entitles the Registrar to medical information.
If the Registrar receives information that an individual is under treatment for a mental condition that may impair an individual's ability to carry out their duties the Registrar is obligated to review the condition. A review takes approximately 4 - 6 weeks. Although it may take more or less time depending on the condition and the information received from the individual’s doctor.
If you are a current licence holder applying for the renewal of your licence or a business holding a current security business licence and a controlling member has reported a mental condition, work may continue during the Registrar’s assessment. However, in some cases, current licence holders may be suspended from working until the review is complete.
The Registrar will issue the individual a letter explaining the determination under the risk assessment. It is likely an individual's doctor will be asked to provide the following information regarding the individual's condition:
- a detailed definition of the medical condition;
- a conclusion about whether the medical condition could interfere with the individual's job and/or ability to interact with the public;
- whether the individual is required to take medication for the medical condition and a list of any prescribed medications;
- whether the physician has any concerns with the medical condition and the type of job, the individual is applying for.
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Decisions: Denial or Approval of a Licence
If a licence is denied after the risk assessment, the Registrar will issue the applicant/licensee a letter explaining what was determined – why the licence is being denied. If the licence is approved, the applicant can expect to receive their licence (no letter will be issued). See Requesting a Reconsideration regarding the process should you wish to request the Registrar reconsider the decision to deny a licence.
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