1.3 Ministry Code of Conduct & Professional Standards
Key Takeaways
- Ontario Regulation 363/07 establishes the mandatory, legally enforceable Code of Conduct governing all licensed security guards, private investigators, and licensed agencies in Ontario.
- The Code strictly commands honesty, integrity, professional decorum, and non-discrimination, while explicitly prohibiting profane, abusive, or insulting language.
- Licensed security guards are legally prohibited from misrepresenting their authority, claiming or implying peace officer status, or carrying unauthorized badges and weapons.
- Guards must never solicit or accept bribes, gratuities, or illicit favours that compromise professional impartiality, and must scrupulously protect sensitive client and public confidentiality.
- Members of the public may file formal complaints directly with the Ministry, initiating regulatory investigations that can result in licence suspensions, revocations, and provincial court prosecutions.
Ministry Code of Conduct & Professional Standards
Statutory Authority: The professional behavior of every licensed security guard in Ontario is governed by Ontario Regulation 363/07 (Code of Conduct) enacted under the Private Security and Investigative Services Act, 2005. Compliance with this Code is a mandatory condition of holding a security guard licence; non-compliance carries severe administrative and quasi-criminal consequences.
The Legal Nature of Ontario Regulation 363/07
Unlike internal company policies or voluntary trade association guidelines, Ontario Regulation 363/07 is a binding provincial regulation with the full force of law. Every licensed individual and business entity in Ontario is legally bound by its provisions. Breaching the Code of Conduct constitutes a direct regulatory offence under the PSISA, exposing the licensee to formal investigation by the Ministry of the Solicitor General, administrative licence sanctions, and provincial prosecution.
The fundamental purpose of the Code is to ensure public protection, protect civil liberties, eliminate corruption and abuse of authority, and establish a consistent benchmark of professional integrity across Ontario's security workforce.
Mandatory Behavioral Standards
The Code of Conduct establishes core positive obligations that every security guard must actively demonstrate throughout their operational shifts:
1. Honesty, Integrity, and Professional Decorum
Security guards must act with exemplary honesty and personal integrity. This obligation governs all verbal interactions, daily occurrence logs, formal incident reports, and court testimonies. Falsifying site records, misrepresenting patrol times, or fabricating facts undermines the judicial process and constitutes an immediate violation of the Code.
2. Respectful Communication and Decorum
Security guards frequently operate in tense, confrontational environments where members of the public are distressed, hostile, or uncooperative. Under Section 1 of the Code, security guards are strictly prohibited from using profane, abusive, insulting, or sexually suggestive language. Guards must maintain composure, de-escalate confrontations using calm verbal communication, and refrain from engaging in personal insults or retaliatory banter.
3. Non-Discrimination and Equal Dignity
The Code mandates that security guards must treat all members of the public with equal respect and dignity. Guards must comply fully with the Ontario Human Rights Code (OHRC) and avoid any form of harassment or discrimination based on protected grounds, including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability. Racial profiling and biased enforcement are strict violations of the Code of Conduct.
4. Safeguarding Confidentiality
Security guards routinely handle sensitive client data, building architectural schematics, alarm codes, surveillance video feeds, executive travel itineraries, and personal employee records. The Code requires guards to maintain strict confidentiality and safeguard all proprietary and personal information. Disclosing confidential information to friends, posting site photos or incident details on social media, or allowing unauthorized persons to view surveillance monitors constitutes a grave breach of professional standards and privacy legislation.
Explicit Statutory Prohibitions
In addition to positive behavioral duties, Ontario Regulation 363/07 sets forth explicit prohibitions that trigger immediate regulatory and disciplinary action:
Prohibition Against Excessive Force
The Code of Conduct expressly states that a licensee shall not use excessive force. A security guard's legal authority to apply physical force is severely restricted by Sections 25, 26, 34, and 35 of the Criminal Code of Canada. Any force used during a citizen's arrest or trespass eviction must be strictly reasonable, necessary, and proportionate to the subject's resistance. Punitive force, retaliatory strikes, physical violence used against non-violent persons, or continuing force after a subject is restrained violates both the Code of Conduct and federal criminal law (constituting criminal assault).
Prohibition Against Misrepresenting Authority
A security guard must never impersonate or imply that they are a peace officer, police officer, or government investigator. Guards must not state or suggest that they have powers beyond those of a private citizen or property agent. Using deceptive titles such as "Special Officer", "Enforcement Deputy", or "Transit Investigator" is illegal under the Code. Misrepresenting authority also exposes the guard to criminal prosecution under Section 130 of the Criminal Code (Personating peace officer).
Prohibition of Unauthorized Badges, Medals, and Equipment
Guards must not wear unauthorized metallic shields, breast badges, medals, ribbons, or equipment that imitates police regalia. Defensive equipment—such as batons, handcuffs, or defensive sprays—must only be carried if explicitly authorized by the employer, approved by the Ministry, and accompanied by accredited, current training certification.
Conflicts of Interest, Bribes, and Gratuities
Under the Code, a security guard must never solicit or accept any bribe, tip, gift, discount, or favour that compromises, or appears to compromise, their professional judgment, integrity, or independence. For example, accepting cash or gifts from a tenant, contractor, or delivery driver in exchange for turning a blind eye to unauthorized access, parking violations, or security lapses is illegal.
Fitness for Duty and Substance Impairment
Security guards must report for duty in a fit physical and mental state. Consuming alcohol, cannabis, or illicit controlled substances while on duty, or reporting for duty under the influence of any substance that impairs judgment, motor skills, or alertness, is strictly prohibited.
Duty to Cooperate with Law Enforcement
Private security guards are not an auxiliary branch of the police service, but they share a common interface when criminal occurrences arise. The Code of Conduct establishes an affirmative duty to cooperate fully with police officers in the lawful execution of their duties:
- Providing immediate access to private premises during active police investigations or emergencies
- Supplying accurate witness statements and physical or digital evidence (such as CCTV recordings)
- Preserving crime scenes intact by establishing perimeters and preventing contamination until police investigators arrive
- Relinquishing custody of arrested individuals immediately to responding police officers
The Public Complaint Process and Disciplinary Hierarchy
A critical mechanism of accountability under the PSISA is the formal public complaint process. Any member of the public, client, employer, or police agency who believes a licensed security guard has breached the PSISA or its Code of Conduct may file a formal written complaint with the Ministry of the Solicitor General.
Public Complaint Submitted to Ministry
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Triage & Preliminary Assessment by Ministry
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Administrative Formal Regulatory
Facilitation Investigation
(Minor Disputes) (Statutory Violations)
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Investigation Report to Registrar
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Warning / Advisory Licence Conditions, Provincial Court
Directive Suspension, Revocation Prosecution (POA)
Complaint Resolution and Sanctions
| Severity Tier | Infraction Type | Typical Process & Sanctions |
|---|---|---|
| Minor / Administrative | Minor customer service disputes, minor uniform imperfections, communication misunderstandings | Facilitated administrative resolution; educational advisory letter; directive to undergo remedial customer service or communication training |
| Moderate Regulatory Breach | Profane language, discourteous conduct, minor documentation errors, failure to produce licence promptly | Formal Ministry investigation; written reprimand placed on licensing file; mandatory conditions attached to licence; administrative suspension pending re-training |
| Severe Statutory Non-Compliance | Excessive force, misrepresenting police authority, accepting bribes, carrying unauthorized weapons, gross negligence | Immediate emergency licence suspension; formal Registrar disciplinary hearing; permanent licence revocation; refusal of future licensing; provincial quasi-criminal charges under PSISA s. 45 (fines up to $25,000) |
| Criminal Conduct | Criminal assault, extortion, theft, fraud, weapons trafficking, impersonating a peace officer | Parallel criminal investigation by public police; formal Criminal Code charges; immediate licence revocation under O. Reg. 37/08; potential federal incarceration |
While performing access control at a residential condominium building, a visitor demands entry without signing the visitor log. To avoid an extended debate, the security guard says, "I am a sworn officer of the peace in this district, and refusing my command is an obstruction of justice under federal law." Which statement accurately assesses the security guard's statement under Ontario security legislation?
A security guard working overnight at a commercial office building is approached by a cleaning contractor who offers the guard a $100 cash tip and an expensive bottle of liquor each week in exchange for leaving a designated rear loading dock door unlocked during night shifts. What is the guard's legal obligation under the PSISA Code of Conduct?
A member of the public files a formal complaint with the Ministry of the Solicitor General alleging that a security guard used vulgar language and threatened physical harm during an encounter in a commercial parking garage. A Ministry regulatory investigator contacts the guard and requests a copy of the guard's notebook entries for the shift. What is the guard required to do?