Security Guards and Bouncers - The Law
Security Charges Laid by OPP - Recently, the Ontario Provincial Police Anti-Rackets Branch, which has the responsibility for enforcing the Act, has visited several Ontario liquor licensed establishments and laid non-compliance charges, including charges of individuals working as unlicensed security guards and licensees employing unlicensed security guards. Under the legislative requirements, individuals convicted for working as unlicensed security guards can be fined up to $25,000 and sentenced to a year in jail. Businesses convicted for employing unlicensed security guards can be subject to a fine of up to a maximum of $250,000.
The Law - All security personnel monitoring entrances and patrolling licensed areas to ensure the safety and security of the establishment, its employees and patrons must be licensed under the Private Security and Investigative Services Act (PSISA). The requirement which came into effect on August 23, 2008, is administered by the Ministry of Community Safety and Correctional Services. For more information on provisions of the PSISA, please contact the Ministry of Community Safety and Correctional Services at www.ontario.ca/private-security.
Background - To become a security guard in the province of Ontario all one had to do was to fill out the an on line application provide a proof of Canadian citizenship or a landed immigrant document. Clear a background check and along with a fee one would be able to receive a license for 1 year. In August 2007 the government rolled out a series of regulations that required all security personnel, including bouncers, to become licensed and it included, equipment, uniforms and vehicles.but failed at that time to introduce the long-expected requirements for training and testing. The ORHMA criticized the government for moving ahead in the absence of these requirements as it left the industry scrupling in its approach of this regulation.
Released in April 15, 2010, was the regulation pertaining to the training and testing requirements for security guards and bouncers.The regulation requires that as of July 16, 2010 all persons seeking to become a security guard or bouncer must successfully complete a training and testing component in order to receive a licence. In order to renew their licence for the first time individuals would have to complete the test without necessarily the training. The test only has to be successfully completed at the time of the very first renewal. Candidates who are not licensed as of April 15, 2010 can only register for the test after they have completed basic training.Only training and testing curriculum approved by the ministry can be used in training and testing and will be recognized for the purposes of licensing.
Going into the summer of 2011 there have been a backlog of applications to be processed which proves once again the way a regulation is implemented is usually the major issue. Time after time we see governments are not able to plan ahead and foresee reaction issues well. The licence must be renewed every year, although the ministry is dealing with a proposal to make that every two years and something the ORHMA has been supporting in a letter to the Ministry.
ORHMA’s Participation - The ORHMA participated in consideration of the Private Security and Investigative Services Act when it was introduced in 2004/5 and was appointed by government to sit on the Advisory Committee which turned to be an eighteen month process. The ORHMA consistently raised concerns with the requirements placed on hotel/restaurant/bar security including bouncers. Click here for the Legislative assembly presentation by ORHMA back in 2005.
Position Options for Licensees - Bars and restaurants can use their discretion about employing bouncers or security positions. Under the Lliquor Licence Act (LLA), the licensee is obliged to operate responsibly, including adhering to capacity regulations by not going over-capacity. The licensee has options in positions to be employed at the door. Another regulation in the LLA the licensees must follow is not to allow disruptive, violent behaviour including fights breaking out. How one chooses to do that from a business perspective is up to you; do you want to hire security guards, do you want to have wait staff doing this, it really depends on the establishment. But in some cases security guards are required. There could be a clause on a liquor licence under the AGCO’s Terms and Conditions that due to past incidents an establishment requires a certain number of bouncers to be on duty during certain hours or events. The City of Toronto has a By law regulating security guard presence in an entertainment establishment/nightclub which is defined as “– a premises, including but not limited to a dance hall or disco, used to provide dance facilities for patrons, where eating is not provided for the majority of the patrons and where food or beverage maybe for sale as an ancillary use-” require security guards within a ratio of one security guards per one hundred patrons.
Government Definition of a Security Guard - A security guard is a person who performs work, for remuneration, that consists primarily of guarding or patrolling for the purpose of protecting persons or property. 2005, c. 34, s. 2 (4).
Examples of the types of work referred to in subsection (4) include:
(a) acting as a bouncer;
(b) acting as a bodyguard;
(c) performing services to prevent the loss of property through theft or sabotage in an industrial, commercial, residential or retail environment. 2005, c. 34, s. 2 (5).
Economic Sense - Safety of employees and customers remains a top priority goal for the industry and training towards meeting this goal makes sense. It is good for customers, employees and the employer but the current system is onerous, and costly as employers negotiate with employees about who pays for the training and testing. The expense incurred by employers for one security employee on training and uniform is not a fixed expense but on going due to the turnover experienced from this position. Once trained a security employee now has many options of employment outside this industry including those that are on a considerable different higher wage bracket sector. This aspect is now forcing wages up in an already razor thin operating business. While the cost of the test itself is under $70 the training expense is around $350 and it includes CPR and First Aid Training ($100 less without these). Prices range pending the service provider one uses. As stated previously the industry’s top of mind goal is the safety of employees and customers and the industry believes in a training model geared for these positions.
The training is not focusing specifically on the unique needs of the hospitality industry. The training curriculum provided is generic and includes courses in subjects such as hazardous materials that are not required by these employees working in bars and restaurants. Yet there are important skill builders found in included topics such as dealing with the public and emergency responsiveness that provide knowledge and confidence for making the right decisions. Confidence not only for the security guard but also to the owner, protecting them both as well as the public. As stated previously an industry top of mind goal is the safety of employees and customers and industry believes in a training model geared for these positions but it is imperative that government works with industry to find an answer to the financial issues specifically finding a training model that makes economic sense.
ORHMA’s Recommendation - Review the training program model to reduce the overall cost of the course and narrow down the job and establishment activities required for the need of a licensed security guard position. For additional information click here.