Section overview

The student is introduced to the various statutes that apply to the field of private investigation in Ontario. The trainer addresses how criminal, civil, case and common law vary and explains the difference between provincial and federal statutes. It should be noted that the student may obtain/require further training on statutes that are relevant to his/her specific position and that the legislation addressed in this section is the most common to the private investigation sector.

Suggested duration

In class: 6 hours
Outside class: 10 hours

Minimum requirements

  1. Discuss the relevant sections of the Personal Information Protection and Electronic Documents Act (PIPEDA), Freedom of Information and Protection of Privacy Act (FIPPA), and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) that apply to the handling of information and the ability to access government information.
  2. Introduce the Ontario Evidence Act and Canada Evidence Act in relation to the admissibility/inadmissibility of evidence and who is eligible to give evidence.
  3. Outline the relevant sections of the following legislation:
    • Employment Standards Act, 2000
    • Occupational Health and Safety Act
    • Labour Relations Act, 1995
    • Provincial Offences Act
    • Residential Tenancies Act, 2006
    • Trespass to Property Act

Note: This section has three components: Handling information and PIPEDA / FIPPA / MFIPPA, Ontario Evidence Act and Canada Evidence Act and additional legislation.

Private investigators are only expected to be aware of this legislation as it pertains to their roles. The primary focus should be on best practices with respect to acquiring information in the context of relevant legislation.

Handling information and PIPEDA / FIPPA / MFIPPA

Outline

Private investigators frequently deal with the collection, storage, dissemination and destruction of highly sensitive information. The trainer explains the procedures and regulations with respect to accessing and managing this kind of information. The student should learn how to obtain government information according to the freedom of information laws that regulate the different levels of government.

Working/detailed knowledge

Detailed

Suggested methodology

  1. pre-reading on the basic components of PIPEDA / FIPPA / MFIPPA
  2. lecture with discussion
  3. learning journal

Ontario Evidence Act and Canada Evidence Act

Outline

Private investigators will be called upon to present evidence in court. The trainer outlines the relevant sections of the Ontario Evidence Act and Canada Evidence Act, explaining how these statutes apply to the role of a private investigator. The student must learn the importance of documenting and preserving evidence and understand evidentiary concerns (e.g. acquiring pertinent information or when to stop an investigation).

Note: The Ontario Evidence Act and Canada Evidence Act do not specify how evidence is collected, but identify which types of evidence are admissible to the court. The trainer should concentrate on what is considered evidence and which methods a private investigator can use to ensure it remains admissible. The application of theOntario Evidence Act and Canada Evidence Act in relation to the processing and managing of admissible evidence will be addressed in Section 5: Investigative Techniques.

Working/detailed knowledge

Working

Suggested methodology

  1. pre-reading of the relevant sections of the Ontario Evidence Act and Canada Evidence Act
  2. lecture with discussion on how to interpret and use the legislation
  3. learning journal

Additional legislation

Outline

Private investigators can encounter situations where they need to be familiar with additional legislation, especially when undercover. The trainer provides a brief introduction to the relevant sections to each of the following legislation:

  • Employment Standards Act, 2000
  • Occupational Health and Safety Act
  • Labour Relations Act, 1995
  • Provincial Offences Act
  • Residential Tenancies Act, 2006
  • Trespass to Property Act

The trainer addresses the risks and dangers associated with private investigation and describes how each act can impact the safety and effectiveness of conducting investigations. Issues of liability should be discussed to ensure the student understands how to complete an investigation within lawful authority.

Working/detailed knowledge

Working

Suggested methodology

  1. pre-reading of the relevant sections of the acts
  2. lecture with discussion
  3. examples of scenarios involving contraventions and components in each act
  4. learning journal

Suggested training evaluation for section

A quiz requiring the applicant to apply the relevant sections of the legislation to different scenarios.