Jon Herberman, Registrar and Director of the Private Investigators and Security Guards branch at the Ministry of Community Safety and Correctional Services, has returned to his post after a year-long assignment to the Police Support Services Branch. In his absence, Herberman’s role was filled by Michael McBain, manager of the Ministry’s Corporate Policy Branch.

Bill 159 received third reading and royal assent in December 2005 and makes licensing and training for those in the private security industry mandatory. It also makes the Corps of Commissionaires and in-house security staff, such as those working for retailers, bars, subject to the terms of the Act. Previous to the creation of the new statute, those groups were exempt.

However, much of the work on the Act, including the highly anticipated new regulations on licensing, training and use of force, has yet to be completed. Some in the private security industry suggest the industry consultations have taken too long with little result, but Herberman says the work has been progressing at a steady pace.

“I don’t think things have stalled at all,” Herberman said in an interview with Canadian Security. “The committee has been working hard on the development of all the regulations pursuant to the Act. It received third reading and since that time Ministry staff have been working with the advisory committee, meeting monthly and they’ve made a lot of progress in the last year. Several key regulations have been developed.”

To date, Herberman says regulations have been established and reviewed by the Minister for prescribed offences, code of conduct and vehicles and uniforms, which acknowledges “generated a lot of discussion.” The list of prescribed offences outlines a list of offences that would prohibit an individual from becoming a licenced security provider.

“Basically a clear criminal record is required,” he said.

However, details for those policy items that have been set will not be revealed until all regulations have been completed. It came as a surprise to some members of the advisory sub-committee that policy direction for items such as uniforms had been arrived because full consensus had not been met. The advisory committee has not met since October 24 but is scheduled to meet again in February.

Meanwhile, the entire curriculum for training has yet to be identified. Some of the major issues outstanding include whether hand-cuffing will still be permitted, which was the major cause for the Shand inquest, the incident that sparked the review of the Act in the first place. As well, development of trainer standards and testing protocols remain undecided. Re-certification has also yet to be established.

“The sub-committee, in my humble opinion has been filibusted,” said Steve Summerville, a subject matter expert and a former police officer who testified at the Shand inquest.

Patrick Shand was a Toronto man who died after an altercation with employees of a grocery store and security guards. The coroner's jury made 22 recommendations on training, licensing and standards for security practitioners.

"We’re no further ahead than Dec. 15 last year when the law came out and we’re just one more court case or one more coronor’s inquest away from saying Mr. Shand died for what reason? What did we as a community learn from that? “The jury spoke very clearly with their 22 recommendations and five months later a majority Liberal government answered to it but we need education to improve the situation so it doesn’t occur again.”

While the company Summerville works for, MKD International, provides training to the security industry, he says his primary concern is that education is needed to keep the public and those in the private security industry safe.

“The number one factor from the Shand inquest has yet to be identified,” he said. “Under Bill C-45 if you put an employee at risk in the workplace, you’re criminally responsible and that’s the only thing that’s going to wake up some people in this industry.”

Work continues on the highly-anticipated testing and training regulations but exactly when it will be completed, Herberman can’t say.

“It’s not in anybody’s best interest to rush any of this. It will take as much time as it takes to do it properly,” he said, adding it can take “a few years” to put legislation like this into effect.

In terms of developing the training standards, while some had thought the province would adopt the Canadian General Standards Board (CGSB) requirements, Herberman says because the Act includes private investigators, and the CGSB does not cover that profession, the standard will have to be broader.

Many organizations are concerned that the new Act will mean increased costs to educate security guards and bring them up to the standard that is established. Herberman says that won’t necessarily be true.

“Most companies do their own in-house training and many companies have expressed strong views that they will continue with their own training and I’m certainly supportive of moving in that direction.”

Herberman had praise the work accomplished by Michael McBain in his absence, saying considerable effort was required to set up the infrastructure required to manage the requirements of the new act once it is finalized.