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2025 ONTARIO PRIVATE INVESTIGATOR EXAM |130+
VERIFIED QUESTIONS AND ANSWERS|ALREADY GRADED A+
The legislation governing the private investigator profession is known as? ANSWER :->>PSISA - Private Security and Investigative Services Act (2005) What are three general types of cases that a private investigator will take on? ANSWER :->> Investigation following an incident, into a suspicion or allegation of misconduct, or suspicion or allegation of breach of compliance. What are the ethical requirements of a private investigator? ANSWER :->> To conduct yourself in a lawful, transparent, professional manner and free of judgement, bias, or personal motivations. What may be the goal(s) of an investigation? ANSWER :->> Collection of evidence for larger action, amalgamation of data/info, assistance with compliance and resolution, or mitigation of future risk/incidents. What 8 criteria should be included in investigative plans?
1. Determining the goal/objective
**2. Clarifying the scope and any potential hinderances
- Establishing timeline and expectations for deliverables
- Determining the resources required
- Budget allowances
- Communication and points of contact
- Expectations of outcomes and possible alternatives
- Scope of expertise and resources** What tasks/duties could be expected in working as a private investigator? (7) ANSWER :->>Investigating behavior, conducting searches/surveillance, researching, interviews, documentation, assessing facts and the source of said facts for credibility, and assisting law enforcement. What is a Mareva injunction? ANSWER :->> An court order that allows the freezing of a defendant's assets as a means of protection. What is an Anton Piller order? ANSWER :->> A civil search warrant.
When could a licensee be denied a license or have their license revoked? ANSWER :->> Fee nonpayment, past conduct suggests that license will not be honored, no reasonable expectation of responsibility, contravention of the Act/regulations/terms and conditions of license, conviction of offence, or the holding of a license would be prejudicial to public interest. Who is responsible for issuing, amending, suspending, or cancelling a license? ANSWER :->> The Registrar. What can the Registrar do if they have received a complaint or have the grounds to believe a licensee is acting in bad faith? ANSWER :->>They have the power to investigate under the Act and in general delivery of services; including inspection of business offices and search warrants as obtained by court order. When can you stop a Registrar from investigating? ANSWER :->> you can't, doing so is an offence under the Act and the Registrar may apply to the court for remedies to prevent further/continued violations. What does the Act specifically prohibit licensees from doing? (5)
ANSWER :->>1. Representing themselves as police officers or in connection with a police service
**2. Refer to government licensing or bonding in any advertisement
- Use a name other than the one they are licensed
- Use the term "detective" in their representation
- Allow other persons to use their license** What does the Act mandate for licensees? (5) **ANSWER :->>1. Wear a uniform approved by the Registrar
- Carry and present their license to anyone making a request
- Comply with any terms and conditions of license
- Be over 18
- Return the license when it has expired or is terminated/suspended/cancelled
- Report any incident involving use of force or unusual intervention to the Registrar** Under what circumstance is a private investigator not required to carry or show their license? ANSWER :->> when performing an undercover operation wherein doing so would jeopardize their safety or the investigation.
What is the penalty for a corporation for a first offence? Fine up to $25,000 and any officers, directors, or agents who directed and/or participated are guilty regardless of prosecution of the coporation What section of the act requires an investigator to produce their license upon request? Section 35(1) What are the specific rules of impersonation for private investigators? You cannot wear or present any other symbols of authority beyond your license and uniform, you cannot impersonate a police officer or insinuate such duties, act as an account collector/bailiff/eviction officer, or locate/identify/investigate any individual within witness protection What legal authority do private investigators have? None - they do not have any privilege or access to confidential databases or criminal records, intercept private communications, carry out search warrants, or act in contravention of the law.
Ontario Regulation 434/ Rules of record keeping Ontario Regulation 361/07, s. 5 Reporting charges or convictions under the Criminal Code, Controlled Substances Act, or any other enactment of Canada Ontario Regulation 361/07, s. 2 Reporting any changes of information provided to the Registrar at the time of application or renewal of license. Ontario Regulation 434/07, s.1.1(4) Reporting of any use of force incident Part 8 of the PSISA contains? The Code of Conduct and Regulations
A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. What is the term for the reasonable actions and considerations taken to prevent harm to others? Duty of care What is the Neighbour Principle? A term established by Donoghue v. Stevenson that states that considerable care should be taken to ensure that others who may be reasonably affected by your actions are not subject to harm. What are the two tests that determine a Duty of Care obligation?
- Claimant/defendant are within parametres of a "special relationship"
- Precedent What is the Anns test? A prima facie duty of care established through Anns v. Merton, wherein a sufficient relationship of proximity exists between someone imposing harm
and someone suffering as a result without interference or influence from external factors. What is the third test in establishing a Duty of Care obligation? Liability imposed is fair, just, and reasonable How do the three tests for Duty of Care apply when evaluating liability? They apply as an ingredient to the overall determination rather than being tests within their own right. How does the status of the claiming factor into Duty of Care? When certain professional obligations, such as that of a rescuer, police officer, or doctor, are a contributing factor to what is considered a reasonable duty of care. When would a Duty of Care claim be rejected or barred? In claims of wrongful life or individuals involved in criminal activity.
What is the Privacy Act? Federal privacy legislation that governs the collection and handling of personal information by government departments and agencies. What is required to gain information under PIPEDA legislation? Consent - requires confirmation by the owner of personal information to provide/retain personal information. How does PIPEDA apply to provincial statutes? Provincial statutes take precedent if operations are limited to the province and are declared substantially similar to federal law. Does PIPEDA apply with information shared between provinces/internationally? Yes. When can consent under PIPEDA be forgone?
If the information is required by an investigative body for the purposes of investigating a breach of agreement or contravention of the law and is not otherwise available. What is Regulation SOR/2 001 - 6 state? Licensed business entities may receive or disclose personal information without knowledge or consent for investigative purposes in regards to breach or contravention of law. What section of PIPEDA outlines when consent can be forgone? Section 7 What are the two requirements of a licensed business/corporation under Regulation SOR/2001-6?
- The business is licensed by the province to provide private investigator or detective services and has a privacy code compliant with the Canadian Standards Association Can/CSA-Q830-96 Model Code for the protection of personal information
- A member in good standing of a professional association that represents the interests of private investigators or detectives and has such code.
What is FIPPA? The Freedom of Information and Protection of Privacy Act, which governs access to records that are in the custody or under control of provincial government, designated agencies, college/university, and hospitals. What is MFIPPA? The municipal version of FIPPA, governs records in possession/custody of municipalities and some related institutions. What is PHIPA? Personal Health Information Protection Act What is a reasonable expectation of privacy? Dependent on situation, location, and nature of activity; public park would have no expectation of privacy whereas a residential bathroom would carry high expectation of privacy.
What information is not subject to a reasonable expectation of privacy? Information that does not tend to reveal intimate details of the lifestyle and personal choices (utility records, heat patterns, garbage bag placed at curb) How does reasonable expectation of privacy relate to modern technology? The Supreme Court of Canada found that a reasonable expectation of privacy, protected by Section 8 of the Charter, applies to communication technology, such as text messages. What are best practices when using technology to document someone's actions to ensure privacy is protected and the evidence is compliant? Ensure no minors are present, avoid locations like gravesites or religious observances, ensure that any video surveillance is encrypted and limit exposure to interference, record video without audio. What is the Ontario Evidence Act? The provincial legislation that outlines the types of evidence admissible to provincial court. What is the Canada Evidence Act?
When is hearsay evidence admissible? If it can be corroborated with other, non-hearsay evidence, if it's a statement by the accused to an individual, or if it's a dying declaration. What is admissible evidence? Evidence deemed relevant and not excluded by a judge. What is documentary evidence? Also known as demonstrative or illustrative evidence, it includes material evidence such as written documents, recordings, photographs, etc. What may affect the reliability of documentary evidence? The relevance, quality, legitimacy, etc. What is real evidence? Physical, tangible things that can be presented in court, such as objects or items of clothing.
What is trace evidence? Evidence imperceivable to the untrained eye. What is lay evidence or opinion evidence? Statements made by person who is not qualified as a subject matter expert. When would lay/opinion evidence be accepted? If the individual made a compendious statement of observation in relations to matters of common experiences. What is unsworn evidence? Evidence provided by witness deemed to be incapacitated to do so by standards of the court. Such capacity, such as age or mental status, should be reviewed by the Crown. What is similar fact evidence? Conditions under which previous facts can be admitted to trial based on relevancy to the matter (previous history of assault at an assault trial).
