ONTARIO PRIVATE INVESTIGATOR EXAM LATEST UPDATE 2024-2025ACTUAL EXAM 105 QUESTIONS AND, Exams of Private law

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ONTARIO PRIVATE

INVESTIGATOR EXAM LATEST

UPDATE 2024- 2025 ACTUAL

EXAM 1 05 QUESTIONS AND

100% VERIFIED CORRECT

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[Document subtitle]

[DATE]

[COMPANY NAME] [Company address]

1. A person who arrests someone under the authority of the Trespass to Property Act must contact o CORRECT ANSWER: the police as soon as possible and deliver the individual to a police officer.
2. A private investigator should be confident after reviewing the background material provided on the organization that o CORRECT ANSWER: they will fit in with the environment.
3. According to established Canadian practice, the monitoring of employees’ email without notification to the employee is o CORRECT ANSWER: acceptable if it is monitored on the company’s server or network, as these are the company’s properties.
4. According to PIPEDA, credit check can be conducted only with o CORRECT ANSWER: the consent of the subject.
5. According to privacy laws, PI’s should exercise their judgement to determine when privacy becomes an issue, such as o CORRECT ANSWER: when the subject is at a gravesite, participating at a religious gathering, or when minors may be present.
6. According to privacy laws, privacy becomes an issue when o CORRECT ANSWER: The subject enters the bathroom.
7. According to regulation SOR/2001- 6 o CORRECT ANSWER: licensed business entities may receive or disclose personal information without knowledge or consent of the individual to whom it belongs to.
8. According to subsection 2(1) of the Act, a person may be found guilty of a trespass offence if o CORRECT ANSWER: ▪ They enter a location where entry is prohibited. ▪ They engage in an activity that is forbidden on the premises. ▪ They refuse to leave when asked to do so by the occupier or an authorized person.
9. According to the CRA what should not be used on a resume

o CORRECT ANSWER: Each page should be initialed or signed to confirm that no further information was added. On the final page, after the signatures, common practice would be to draw an “x” through the remainder of the page to indicate no further information.

19. An occupier may also designate individuals who are authorized to act on the occupier's behalf when it comes to allowing individuals on their premise (True or False). o CORRECT ANSWER: True.
20. Another example of a document which a private investigator is often retained to serve is a Summons to Witness along with Conduct Money. If a witness is found to be absent, reluctant, or evading, the private investigator may be required to make o CORRECT ANSWER: further attempts of service to the witness at various times throughout the day, as a summons has to be served on the witness personally. Page 4
21. Any person can make a citizen's arrest without a warrant if they witness an o CORRECT ANSWER: indictable offence being committed.
22. Before beginning an investigation of locating a suspect, what should you do? o CORRECT ANSWER: Identify the client’s reasoning behind the investigation and if it is considered frivolous.
23. Before interviewing a witness, what should you prepare and why? o CORRECT ANSWER: A questionnaire to keep the witness on track.
24. Can a client authorize a PI to take part in the theft if it’s necessary? o CORRECT ANSWER: Yes.
25. Can PI's approach employees and offer them money to steal something? o CORRECT ANSWER: No.
26. Circumstantial Evidence o CORRECT ANSWER: A fact can be inferred but doesn’t stem from something that was witnessed directly.
27. Communicating tactically, for example, ensures that private investigators can be

o CORRECT ANSWER: assertive without being confrontational.

28. Direct Evidence o CORRECT ANSWER: Testimony given by a witness who has witnessed it directly.
29. Documentary (Demonstrative/Illustrative) Evidence o CORRECT ANSWER: Any written thing capable of being made evidence. For example, books, films, photographs.
30. During a criminal trial, the Crown Attorney would need to prove o CORRECT ANSWER: beyond a reasonable doubt that the accused has committed the offence. Page 5
31. During an undercover investigation, PI's do not have to carry or show their licence. (True or False) o CORRECT ANSWER: True.
32. FIPPA stands for o CORRECT ANSWER: Freedom of Information and Protection of Privacy Act.
33. Frivolous o CORRECT ANSWER: Of little importance, not worthy of serious attention; not meant seriously.
34. GPS devices can be placed on a vehicle to track its location, only if o CORRECT ANSWER: you have written permission of the owner of the vehicle.
35. Hearsay Evidence o CORRECT ANSWER: A witness presents a statement made to them by another person who is not present at the trial.
36. How should you collect evidence? o CORRECT ANSWER: Collect the evidence, and the bag in which it is contained should be marked with the private investigator’s initials and the time and date when gathered.

o CORRECT ANSWER: Demonstrative or documentary evidence.

46. In a civil matter, the obligation is for the plaintiff to prove the accused is guilty on o CORRECT ANSWER: balance of probabilities.
47. In a situation where an investigator is taking a statement of a youth under 18, industry practice is for the investigator to o CORRECT ANSWER: contact the parents or legal guardians to obtain permission to conduct the interview. The investigator should allow the parents to be present during such interviews.
48. In a situation where the named party on the document refuses to open the door, the best action for the PI is to o CORRECT ANSWER: contact the client and advise of the situation. The lawyer or client will then make the necessary applications for substituted service.
49. In cases where all previous contact information is invalid, how should you proceed? o CORRECT ANSWER: 1. Use public databases and internet sources. 2. Public libraries can assist with confirming outdated contact information. 3. Advertise in the newspaper with the last known address.
50. In undercover operations, camera installation may be required in areas of o CORRECT ANSWER: high risk. Page 7
51. PI's are prohibited from carrying any symbol of authority other than _____ o CORRECT ANSWER: their license.
52. PI's must carry their license when working and shall identify themselves when requested by a member of the public. (True or False) o CORRECT ANSWER: True.
53. PIPEDA is a consent-based statute. (True or False) o CORRECT ANSWER: True.

54. Private investigators most commonly work alone on most surveillance cases; however, in some cases, two or more investigators may be assigned to work together. Reasons for this may include o CORRECT ANSWER: the subject's aggressive driving nature, multiple points of exit from a given location, or the subject's ability to run counter surveillance.
55. Real Evidence o CORRECT ANSWER: can include material objects, such as a weapon or item of clothing.
56. Regulation SOR/2001-7 was enacted pursuant to o CORRECT ANSWER: PIPEDA.
57. Section 25 of the Criminal Code allows a private investigator to use as much force as is necessary as long as they act on o CORRECT ANSWER: reasonable grounds.
58. Section 26 of the Criminal Code states that individuals who use force are o CORRECT ANSWER: criminally responsible for any excess of force.
59. Section 27 of the Criminal Code authorizes individuals to use o CORRECT ANSWER: as much force as necessary to prevent the commission of an offence for which the perpetrator could be arrested without a warrant, and which could cause serious injury to a person or damage to property.
60. Section 279 of the Criminal Code o CORRECT ANSWER: Kidnapping.
61. Section 322 of the Criminal Code o CORRECT ANSWER: Theft.
62. Section 361 of the Criminal Code o CORRECT ANSWER: False Pretence.
63. Section 380 of the Criminal Code o CORRECT ANSWER: Fraud.
64. Service is affected once the person serving the document

o CORRECT ANSWER: asking coworkers, neighbors, or other reliable sources that can be consulted to confirm the person’s identity.

74. There are restrictions in section 184 of the Criminal Code about recording private conversations, so it’s best to o CORRECT ANSWER: Record without audio.
75. Trace Evidence o CORRECT ANSWER: fingerprints or footprints, hair or fibre from a piece of clothing.
76. Under PSISA, loss prevention specialists are considered to be o CORRECT ANSWER: security guards and do not require a PI license.
77. Undercover operators should avoid being seen with targets in public places by people who know the true identity of the operator. (True or False) o CORRECT ANSWER: True.
78. Unsworn Evidence o CORRECT ANSWER: If a witness does not appear to understand the nature of an oath or a solemn affirmation due to their age or apparent mental incapacity, the Crown should be consulted.
79. What are the six core steps for containing evidence? o CORRECT ANSWER: collect, secure, preserve, identify, ensure continuity, and log.
80. What can you use your notes for when on the witness stand in court? o CORRECT ANSWER: Memory Aid only.
81. What documents can you not obtain without lawful authority or signed release documents? o CORRECT ANSWER: credit records, income tax, or bank records. Page 9
82. What does FIPPA govern?

o CORRECT ANSWER: access to records that are in custody or under the control of the provincial government (colleges, universities, and hospitals).

83. What does MFIPPA govern? o CORRECT ANSWER: records that are in the custody or under the control of municipalities and some related institutions.
84. What does PIPEDA govern? o CORRECT ANSWER: the collection, use, and disclosure of personal information by organizations engaged in commercial activities.
85. What does PIPEDA stand for? o CORRECT ANSWER: Personal Information Protection and Electronic Documents Act.
86. What do Sections 34 and 40 of the PSISA outline? o CORRECT ANSWER: Rules and standards for PI’s day-to-day activities.
87. What does section 494 of the Criminal Code describe? o CORRECT ANSWER: when it is appropriate for a member of the public to make an arrest.
88. What is a Personal Property Security Registration (PPSR) search useful for? o CORRECT ANSWER: to discover any lien associated with the subject.
89. What is SOR/2001-7 used for? o CORRECT ANSWER: It lists publicly available records, such as judicial records.
90. What is the purpose of a closing statement after an interview? o CORRECT ANSWER: the client’s agreement to the statement that was documented.
91. What is the purpose of surveillance? o CORRECT ANSWER: to Locate, Obtain, and Prevent.
92. What is the Trespass to Property Act used for? o CORRECT ANSWER: allows occupiers of private premises to determine who is or isn't allowed on these premises.
93. What offence is defined in section 423 of the Criminal Code?

103. Where can you pick up a discarded item for evidence, without violating any criminal or provincial laws?

- **CORRECT ANSWER:** a public area like a mall or plaza. 

104. Who can give opinion evidence?

- **CORRECT ANSWER:** from an expert witness who can provide an educated/professional opinion on the evidence being presented. 

105. Why can you not record a conversation without the knowledge and consent of one of the parties involved in the communication?

- **CORRECT ANSWER:** It is a criminal offence.