3.2 Identification, Badges, Uniforms & Misrepresentation

Ontario draws a sharp line between private investigators and police. The PSISA and its regulations control how an investigator proves identity, what symbols of authority they may carry, what equipment they may use, and how uniforms and vehicles used for security work must look. The Criminal Code adds serious penalties for anyone who pretends to be a peace officer.

Proving Identity: The Licence Is the Only Credential

PSISA s. 34 — the investigator's duty

• s. 34(1): every person holding themself out as a private investigator must carry their licence, identify themself as a private investigator on request, and produce the licence on request.
• s. 34(2): no person acting as a private investigator, or holding themself out as one, may possess any identification or symbol of authority other than the licence issued under the Act.

The ministry's study guide explains two consequences:

1. Badges are banned. A metal badge, shield or police-style credential wallet is a symbol of authority other than the licence. Simply possessing one while acting as a PI breaches s. 34(2).
2. Undercover work is different. The carry-and-show duties apply to people holding themselves out as private investigators. An investigator working undercover is not required to carry or show the licence, particularly where doing so would endanger them or the investigation.

What the licence looks like now

Since September 30, 2023, licences are digital only. The holder downloads the licence through their Ontario.ca Login and may print it. Under PSISA s. 12, a licence must show the licence type, the expiry date and a clearly recognizable photograph of an individual holder. It is not transferable. Lending a licence, or displaying one that is suspended, revoked or no longer valid, is prohibited by s. 38.

A business card is not a licence and cannot replace it when someone asks to see your licence. It also must not be designed to look like a badge or official credential.

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Uniforms: A Security Guard Rule, Not an Investigator Rule

The PSISA has no uniform for private investigators. Uniform rules apply to security guards:

• PSISA s. 35(2) requires a person acting as a security guard to wear a uniform that complies with the regulations, except bodyguards and loss-prevention guards working in plain clothes (s. 35(3)).
• O. Reg. 362/07 (Security Guard Uniforms) sets the details:

Two practical consequences for investigators:

• A private investigator who puts on a security uniform is presenting as a security guard. That requires a security guard licence, and PSISA s. 12 forbids acting in both roles at the same time.
• A PI who dresses in a police-style tactical outfit risks breaching s. 34(2) (symbol of authority), s. 39 (holding out as police) and Criminal Code s. 130.

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Vehicles

O. Reg. 364/07 (Security Guard Vehicles) applies to vehicles used to provide security guard services. If such a vehicle is marked:

• "SECURITY" must appear in contrasting letters at least 10 cm high on both sides and at least 8 cm high on the front and back;
• it may not have red, blue, gold or yellow stripes, except as part of the licensee's crest or logo; and
• it may never display "detective," "private detective," "police," "officer" or "law enforcement."

There is no PSISA marking scheme for investigators' vehicles. Surveillance vehicles are ordinary, unmarked cars driven under the same Highway Traffic Act rules as any motorist. That Act reserves flashing red and blue lights and sirens for authorized emergency and police vehicles. Equipping a private car to look like an unmarked police car invites a Criminal Code s. 130 charge, as Chapter 7 explains.

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Equipment: O. Reg. 366/07

The equipment regulation applies to individual licensees providing investigator or guard services:

The ministry confirms that private investigators may use batons and handcuffs if issued by their employer. Under O. Reg. 434/07, agencies must keep training records, insurance evidence and an equipment log for issued handcuffs, batons and firearms, plus a threat assessment for each baton, and a use-of-force report each time force or such equipment is used.

Items the Criminal Code classifies as prohibited weapons, such as pepper spray designed for use on people and conducted energy weapons, are not lawful for a private person to carry at all. Chapter 7 covers this in detail.

O. Reg. 365/07 (Use of Animals) also applies to licensees. Dogs may be used to track or detect people or things, but no animal may be used to control individuals or crowds or to pursue or restrain anyone.

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Words, Claims and Conduct That Suggest Police Authority

Personating a peace officer — Criminal Code s. 130

s. 130(1): Everyone commits an offence who (a) falsely represents himself to be a peace officer or a public officer; or (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer.

• The offence is hybrid: up to five years on indictment, or a summary conviction.
• Words are not required. Flashing a crest-style ID, wearing police-style gear, or using emergency lights on a private vehicle can satisfy s. 130(1)(b).
• Licensing consequence: s. 130 is listed in O. Reg. 37/08. A conviction leaves the person ineligible for a licence unless and until a pardon (record suspension) is granted. The Registrar may also act on the conduct itself under PSISA ss. 13–15.

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Civil Consequences of Misrepresenting Authority

Misrepresentation can also lead to civil liability:

1. Deceit: a false statement of authority made to induce someone to hand over information or property.
2. Trespass to land: consent to enter obtained by pretending to be police is not genuine consent.
3. Intrusion upon seclusion: the Ontario Court of Appeal recognized this tort in Jones v. Tsige, 2012 ONCA 32. It covers intentional or reckless invasion of private affairs that a reasonable person would find highly offensive.

The agency that employs the investigator can be vicariously liable as well.