Controlling Members of a Security Business Guide - Ministry of Justice

Ministry of JusticePolicing and Security Programs BranchSecurity Programs DivisionControlling Membersof a Security Business – GUIDEVersion 5January 2011THIS GUIDE and SUPPORTING INFORMATIONWhen a business in British Columbia applies to the Registrar, Security Services Act, for a securitybusiness licence, all individuals with the ability to control the operations of the business (referred to as‘controlling members’) have particular reporting responsibilities that must be complied with.(For a specific definition of controlling member, refer to Sec. 2.4.2 of the Security Licensing Process and Licence Conditions POLICYavailable on the website.)This guide is for controlling members—WHO DO NOT HOLD a current security worker licence. It will takeyou through the various forms and processes, and provides information on how you must keep theRegistrar’s records up-to-date on certain particulars about yourself. Controlling members who hold a currentsecurity worker licence do not have to follow the process outlined in this guide as long as they keep theirsecurity worker licence current. You will have to supply your licence number to the security business’sbusiness manager.Controlling members wanting to apply for a Security Worker Licence should refer to the guide “Getting andKeeping Your Security Worker Licence” on the website.Remember to check out the Security Industry and Licensing website periodically for updates, policies, alerts.It is important that you review and become familiar with the Security Services Act and Regulations and theCode of Conduct (see website, ‘Legislation and Policy’).PSSG10-007 / January 2011CONTENTS:Part 1: Requirements — information you must provide to the RegistrarPart 2: The Process — how to get, complete and submit the forms that supportthe security business licence plus a Quick Readiness Checklist . . . . . . . . . . . . . . . . . . . . . . . . 5Part 3: The Forms• Authorization, Acknowledgement of Information Collection and UseAND Consent to a Criminal Record Check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6• Request for Fingerprinting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7• Mental Condition Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7• Controlling Member of a Security Business Reporting an UPDATE . . . . . . . . . . . . . . . . . . . . . . 8Website:CONTACTINFORMATIONIMPORTANT:Put FULL address on anyenvelope being mailed orcouriered to the Registrar.www.pssg.gov.bc.ca/securityindustryE-Mail:sgspdsec@gov.bc.caFax: Victoria (250) 387-4454Phone: Victoria (250) 387-6981 (staff are available 8:30 am to 4:30 p.m., Mon. to Fri.)Outside Victoria call Enquiry BC Vancouver: 604 660-2421 . . .Elsewhere in B.C., toll free: 1 800 663-7867 . . .Outside British Columbia: 604 660-2421 . . .. . . ask to be transferred to (250) 387-6981Full Address: Ministry of JusticePolicing and Security Programs Branch, Security Programs DivisionSecurity Programs and Police Technology DivisionAttention: Registrar, Security Services - Licensing Dept.PO Box 9217 Stn Prov Govt, Victoria BC V8W 9J1

PART 1: RequirementsInformation you must provide to the RegistrarControlling members of a security business (or a business applying for a security business licence) MUSTprovide the Registrar, Security Services, with specific information. If you are a controlling member thatdoes not hold a current B.C. security worker licence, review the following to see that all requirements aremet and that you are able to supply the requested documentation.r Consent to a Criminal RecordCheckAll controlling members must providethe Registrar, Security Services, withtheir authorization to conduct a criminalrecord check, a police informationcheck and a correctional service informationcheck. By completing, signingand submitting the Authorization andAcknowledgement of InformationCollection and Use AND Consent to aCriminal Record Check (#SPD0510), youprovide your consent to these checks.A criminal record check may be undertakenby the Registrar at any time whenthe security business licence is current.It is your responsibility under theSecurity Services Act to notify theRegistrar if you ever acquire newcharges or convictions against you within14 days of the occurrence. Use form:Controlling Member of a SecurityBusiness Reporting an UPDATE(#SPD0518).NOTE: if the business should allow theirsecurity business licence to expire, theywill have to apply for a new licence. Ifyou had already provided your completedand signed form SPD0518 to theRegistrar for the initial licence, you donot have to complete the whole processagain. You MUST, however, completeand sign the Controlling Member of aSecurity Business Reporting an UPDATE(#SPD0518) even if there are noupdates to report. The Registrarrequires your signature and date on theconsent part of the form.r FingerprintsControlling members residing inCanada are required to provide fingerprintsand must have the fingerprintstaken by a recognized fingerprintingagency (see page 8). Use form: Requestfor Fingerprinting under the SecurityService Act (#SPD0507). When the fingerprintingagency takes your prints,they will give you the completed“Confirmation of Fingerprints” slip (onbottom of the second page of theform). You must not be given the fingerprintsdirectly — the agency mustsend your fingerprints directly to theRegistrar of Security Services.NON-RESIDENTS OF CANADA: If youare a controlling member but do notreside in Canada, you are not requiredto provide your fingerprints.MOVING TO CANADA: If you move toCanada and are still a controlling memberof a security business in B.C., youmust report your new address to theRegistrar – use form: ControllingMember of a Security BusinessReporting an UPDATE (#SPD0518); PLUSyou must be fingerprinted – use form:Request for Fingerprinting under theSecurity Service Act (#SPD0507).NOTE ... prints are not required if you werea controlling member of a security businesslicence or hold or have held a securityworker licence in B.C. before, and theRegistrar already has your prints on record.2

RESIDENCY – PhotoIdentification RequiredControlling members residing in Canada(nothing to do with citizenship), providea copy of one of thefollowing pieces of CURRENT/VALIDphoto identification:• Driver’s Licence• Passport• British Columbia Identification(BCID) — you may apply for a BCIDcard at any driver licensing officebut note, it takes 4 to 6 weeks toprocess and mail to you. Visit thiswebsite for more information andBCID forms:www.icbc.com/driverlicensing/BCID(Note: if you are renewing and have alreadyprovided the Registrar with identification asstated above, you do not have to send acopy in again.)• Canadian Permanent Resident Card• Canadian Native Status Card(if issued with a photo)• Canadian Firearms Licence.NON-RESIDENTS OF CANADA:Controlling members that do not residein Canada must provide two pieces ofidentification and one of them must bephoto ID.MOVING TO CANADA: If you move toCanada while still being a controllingmember of a security business in B.C.use form Controlling member of aSecurity Business Reporting an UPDATE(#SPD0518) to provide your newaddress PLUS you must be fingerprinted(see fingerprint section on page 3).r CitizenshipIf you are a citizen of Canada, you arerequired to provide a copy of one of thefollowing: your birth certificate or currentCanadian Passport (may not beexpired) or Canadian Citizenship Card.r Mental Condition Report fromyour PhysicianIf you are being treated or have everbeen treated for a mental condition,you must have your doctor completeand sign the Mental Condition Form(#SPD0511). For privacy reasons, youdo not have to attach the completedmental condition form to your completedAuthorization andAcknowledgement of InformationCollection and Use AND Consent to aCriminal Record Check (#SPD0510)which is given to the business’s manager;you may mail it directly to theRegistrar yourself. If so, complete theenclosure slip found at the bottom ofthe authorization and consent form(#SPD0510) and attach it to your completedmental condition form — it willensure it is correctly matched to yourrecords when received by theRegistrar’s licensing department.Your doctor will be asked to providethe following information concerningyour mental condition:• a detailed definition• a conclusion about whether itcould interfere with your joband/or ability to interact with thepublic• if you must take medication for it• if the doctor has any concerns withyour condition and the type ofsecurity work you wish to provide.r Police Officer/Peace OfficerStatusYou may not be a controlling memberof a security business if you are a memberof a police force as defined in thePolice Act. But you may be a controllingmember of a security business if youare a:• a volunteer auxiliary or reserveconstable3

• a sheriff• a corrections officer• a court-appointed bailiff• a special provincial constable orspecial municipal constable (asdefined in the Police Act)• retired from a police force but isstill listed as a member foradministrative reasons. . . BUT you must provide with yourapplication a letter from yoursuperior confirming what accessyou have to any justice, court orpolice information systems (PRIME,PIRS, PROS, CPIC) and that youknow and understand that you maynot utilize information from thesesystems while acting in the capacityof a security worker.r English FluencyIf you are a controlling member thatwill engage with the public in providingsecurity services, then your English fluencymust meet the English LanguageProficiency Assessment. SecurityPrograms and Police TechnologyDivision recognizes the Centre forCanadian Language’s Benchmark Level5 as the minimum fluency requirement.To check if your English language abilitiesmeet the standard, download theCanadian Language Benchmarks(www.language.ca/pdfs/clb_adults.pdf).Contact our office if you require furtherinformation or locations where theassessment can be done.4

PART 2: The ProcessHow to get, complete and submitthe forms that support the business licenceOptions for getting forms:1. The business’s manager may give you ahard copy of the forms you need or, ifyou wish, you may download the formsto your computer from the SecurityIndustry and Licensing website(www.pssg.gov.bc.ca/securityindustry). Youwill need to have the current version ofAdobe Acrobat Reader installed on thecomputer you are using as all the formsare in a ‘portable document format’(PDF). To download the free, most current,Adobe Acrobat Reader program,go to: www.adobe.com/products/acrobat/readstep2.html2. If you don’t have a computer, you canvisit any one of the Service BC Centresto use a Community Access Terminal(CAT) to access the Security Industryand Licensing website and downloadthe forms.Computer Access Terminals are located inthe public area of each Service BC Centre,with a printer located behind the counterfor printing. To locate a Service BC Centre,visit their website:www.servicebc.gov.bc.ca/locationsOptions for filling the forms in:1. If you complete the form by hand, besure you use dark ink and print clearly.2. If you complete the form at acomputer, typing your information intothe form fields, it is best to have themost current version of Adobe AcrobatReader installed on the computer. Todownload the free Adobe AcrobatReader program, go to:www.adobe.com/products/acrobat/readstep2.htmlSubmitting your forms:In some cases, the forms you complete anddocumentation you submit with thecompleted form are given directly to thebusiness manager to attach to their mainapplication form. The business managerthen sends the entire application packageto the Registrar, Security Services Act.3. You may phone Security Programs torequest copies of the forms be mailedor faxed to you.5

Quick Readiness Checklistfor a Controlling Member of a Security BusinessReview the following checklist to help show if you are ready to provide the Registrar with all required information.If you do not meet the criteria below, the application the business is making to acquire a SecurityBusiness Licence may not be processed and the fee the business submits with the application for a businesslicence will not be refunded.If you can answer YES to ALL the questions below, you are ready to proceed!r Yes, I will complete and sign the “Authorization and Acknowledgement of Information Collection and UseAND Consent to a Criminal Record Check” (#SPD0510) — knowing that signing the form provides the Registrarmy consent to a criminal record check, a police record check and a correctional service information check.r Yes, if I reside in Canada, I will provide my confirmation of fingerprinting.r Yes, if I have been treated for mental condition, I will have my doctor complete the Mental Condition form.r Yes, I confirm I am NOT a member of a police force, as defined in the Police Act.r Yes, if I am a peace officer, I will obtain and submit the required letter from my supervisor with my form #SPD0510.... plus, you must be able to comply with ONE of the selections below:r Yes, I am a Canadian Citizen and am submitting with my application a copy of my Canadianbirth certificate or current/valid Canadian passport or Citizenship Papers;AND I will submit a copy of one piece of photo identification as described on page 3 of this guide.ORr Yes, as I am NOT a Canadian Citizen, I will submit two pieces of valid/current identification ... at leastone piece will be photo ID (such as passport or drivers licence).6

PART 3: The FormsAuthorization and Acknowledgement ofInformation Collection and UseAND Consent to a Criminal Record Check(Form #SPD0510)Completing this is the form will give the Registrar all the information required from you—a controlling member or one who has the ability to control a security business’s operations—asstated in the Security Services Act. By signing this form, you are also consenting to comply withcertain conditions set out under the Security Services Act and Regulations and consenting to theRegistrar carrying out a criminal, police and correctional service check on you.1. The form fields:Legal name of the Security Businessapplying for a Security Business Licence:This is not the trade name or ‘doingbusiness as’ name, but the actual legalname. Your business manager can give youthe exact name as shown on the businesslicence.Name(s):Enter your legal name and under that fieldthere is space for you to provide othernames you may use now or have had in thepast such as your maiden name, etc.Police and Peace Officer Status:see Part 1 of this guide for assistance.Criminal History:You must check ‘no’ or ‘yes’.Mental Condition:If you do have a medical condition, you willhave to have the Mental Condition Form(#SPD0511) completed by your doctor. Thebottom of the Authorization andAcknowledgement of Information Collectionform (#SPD0510) has a return slip to use ifyou would rather send the completedmental condition form directly to theRegistrar rather than giving it to thesecurity business’s manager to send in onyour behalf. Check the box ‘yes’ or ‘no’ asto whether you have a condition to report,and also check off if you will be attaching itto form SPD0510 for your manager to sendin or if you will be sending the mentalcondition form in separately.2. Putting the form anddocuments package together:Attach to your form:r Confirmation of Fingerprints slip(Canadian residents only)r Completed Mental Condition Form(SPD0511) – if applicable (you mayattach it or send it to the Registrarseparately)r If Canadian Citizen attach copy ofbirth certificate or valid passport orcitizenship papersr Copy of Photo Identification (seePart 1 for information)r If you are a Peace Officer orvolunteer auxiliary or reserveconstable or retired from the policeforce, attach the letter from yoursupervisor confirming you have noaccess to Justice, court or policeinformation systems.Provide the form package to the securitybusiness’s manager who will be requiringthis same package from all controllingmembers. Everything will go to theRegistrar with the business’s application fora security business licence.7

Request for FINGERPRINTINGunder the Security Services Act (Form #SPD0507)Controlling members that reside in Canada must provide their fingerprints to theRegistrar, Security Services Act. Controlling members that reside outside of Canadado not need to provide their fingerprints. Refer to page 2 for fingerprinting requirementsinformation.Filling out the form:After completing page one of the form, take both pages to any of the following:• Pacific Fingerprinting Services www.pacificfingerprintservice.ca• Commissionaires www.commissionaires.bc.ca• International Fingerprinting Services www.policecheck.com• your local police or RCMP office• GAC Screening Solutions www.getclearnow.caAn appointed individual will take your fingerprints and complete the “Confirmation ofFingerprinting” section of the form, returning it to you. (attach the confirmation of fingerprinting tothe “Authorization, Acknowledgement of Information Collection and Use AND Consent to a CriminalRecord Check” (#SPD0510).) The top slip of the fingerprinting form, along with your fingerprints,will be forwarded directly to the Registrar, Security Services Act by the fingerprinting agency onyour behalf. (Note: You must not be given your fingerprints to send in yourself ... they MUST godirectly from the fingerprinting agency to the Registrar.)Mental Condition Form (Form #SPD0511)If you are being treated or have ever been treated for a mental condition, you must have your doctorcomplete and sign the Mental Condition Form (#SPD0511). The form does not have to be given to thesecurity business’s business manager to send to the Registrar ... you may send it directly to the Registraryourself. [Refer to Security Service Act, s. 13, Security Services Regulations, s.4(2)(c).]Your doctor will be asked to provide the following information concerning your mental condition:• a detailed definition• a conclusion about whether it could interfere with your job and/or ability to interact with the public• if you must take medication for it• if the doctor has any concerns with your condition and the type of security work youwish to provideNote: The bottom of the Authorization and Acknowledgement of Information Collection form(SPD0510) has a return slip you may use if you would rather send the completed mental conditionform directly to the Registrar rather than giving it to the security business’s manager to send in onyour behalf.8

Controlling Member of a Security BusinessReporting an UPDATE (Form #SPD0518)THERE ARE TWO PURPOSES FOR THIS FORM:1 2If you need to notify the Registrar ofany changes to the informationpreviously reported as required underthe Security Services Act.Updating the Registrar with currentinformation:As required by the Act, and while thesecurity business licence is current, youmust report to the Registrar, SecurityServices Act, within 14 days of theoccurrence:• a charge laid against you for a crime• a conviction against you for a crime• a change in your residential address• a change in legal nameOther changes you must keep currentwith the Registrar:• a change in peace officer status• treatment for a mental conditionRegistrar.If the security business’s licenceexpired and it is applying again for alicence, all controlling members thathad previously submitted their signed“Authorization,and Acknowledgementof Information Collection and Use ANDConsent to a Criminal Record Check”form must now complete this shortUPDATE form (SPD0518) to provide theRegistrar with updated information andtheir acknowledgement of responsibilitiesunder the Security Services Act andconsent to a criminal, police and correctionalrecord check. This is becausethe controlling member’s and consentacknowledgement expired at the sametime the security business licenceexpired and the Registrar must havethis on record in order to re-issue asecurity business licence.SUBMITTING THE UPDATE FORM:Once you have completed this form(SPD0518), signed it and have includedall attachments, send it directly to theIF YOU HOLD a current security workerlicence, however, you do not have to gothrough this update process —youwould just carry on maintaining yoursecurity worker licence as required.New controlling members of the securitybusiness must not use this UPDATEform. All new controlling membersmust complete and sign the form“Authorization,and Acknowledgementof Information Collection and Use ANDConsent to a Criminal Record Check”(SPD0510).SUBMITTING THE UPDATE FORM:Complete, sign and provide it to yoursecurity business manager to includein their full application for the securitybusiness licence..)9