Criminal Record and Security Guard Licence in Quebec

Do you have a criminal record and want to become a security guard? A criminal record does not automatically close the door to a licence from the Bureau de la sécurité privée (BSP), Quebec's private security regulator. It all depends on the offence, its connection with the work in question and what has happened since (discharge, pardon). Here is what the law really says, what the BSP checks, why a BSP licence is refused and how a record suspension can change things.

This article is for information purposes and is not legal advice. For a specific situation, contact the BSP, a lawyer or a legal aid organization.

What does the Private Security Act say about a criminal record?

Section 19 of the Private Security Act lists the conditions for obtaining an agent licence. In addition to being 18 and having the required training, the person must:

• be of good moral character
• never have been convicted, in any place, of an offence under the Criminal Code (or an offence referred to in its section 183) having a connection with the activity for which the licence is applied for, unless a pardon has been obtained.

There are two ideas to remember. First, not just any conviction blocks the licence: it is a conviction connected with the activity (security guarding, investigation, locksmith work, etc.). Second, a pardon removes this obstacle in the eyes of the law. The Act gives no definition of “good moral character”: it is a criterion the BSP assesses case by case.

What does the BSP check, and how?

Under section 27 of the Act, at each licence application and each renewal, the BSP sends your information to the Sûreté du Québec (SQ), which checks good moral character and criminal history. The SQ then communicates the result to the BSP and gives its opinion.

The check does not stop when the licence is issued: the SQ can carry out checks at any time during the term of the licence. The BSP specifies that the annual fees include a portion for this “continuous security monitoring”. For the steps of the application itself, see our complete guide to the BSP security guard licence.

Which offences block the licence?

The BSP explains it in its frequently asked questions: if you were found guilty of a criminal offence and have not obtained a pardon, you must declare it on the form, and the SQ will inform the BSP in any case. The Bureau then analyzes whether there is a connection between that offence and the activity applied for. If it concludes that there is a connection, the application is refused.

The BSP does not publish a list of “connected” offences. The judgment is made case by case. It is understood, however, that the analysis looks at the nature of the work: a security guard protects persons, property and premises, which weighs in the assessment of offences involving violence, theft or fraud, for example. Without an established connection, a conviction does not by itself lead to a refusal, but the good moral character criterion is still examined.

Another point: under section 20, the BSP may refuse an application if, in the previous 5 years, you were refused a licence or your licence was suspended or revoked.

Does a discharge count?

Yes, for a certain time. The Criminal Code provides that a person who is discharged is deemed not to have been convicted. But the BSP specifies that a discharge is not the same as a pardon and that it must take it into account. It relies on section 6.1 of the Criminal Records Act, which sets the periods after which the record of a discharge can no longer be disclosed:

During these periods, the SQ also informs the BSP of the discharge. After that, the entry is removed from the RCMP's records.

What if I have charges pending?

The Act speaks of persons who have been “convicted”: a mere charge is not a conviction. However, a licence holder must notify the BSP without delay of any change that may affect the validity of the licence (section 24). The BSP explicitly gives as an example a charge or a guilty verdict for a criminal offence. Failing to declare it would be a mistake: the SQ can check at any time.

The BSP may suspend, revoke or refuse to renew a licence when the holder no longer meets the conditions (section 30). The Act is stricter in two cases: the BSP revokes the licence of an agent who is convicted of an offence connected with their activity or who is no longer of good moral character. The Act does not provide for an automatic suspension merely because a charge is laid. What the BSP will do depends on its analysis.

How do you contest a refusal or a revocation?

Before refusing, suspending or revoking a licence, the BSP must send you prior written notice and give you at least 10 days to present your observations (section 32), except in an emergency. Its decision must give reasons, and your employer is notified of it.

If the decision goes against you, you can contest it before the Tribunal administratif du Québec (section 37), in its economic affairs division. The proceeding must be filed within 30 days after notification of the decision (section 110 of the Act respecting administrative justice). In the case of a revocation, the licence must be returned to the BSP within 15 days of the decision.

Record suspension (pardon): what does it change?

A record suspension, still called a pardon, is granted by the Parole Board of Canada (PBC). It does not erase the record: it sets it apart, so that a search of the Canadian police database (CPIC) no longer shows a record. For the licence, this is decisive: section 19 excludes offences for which a pardon has been obtained. The BSP suggests, if the offence is likely to lead to a refusal, considering a licence application after the pardon is obtained.

When can you apply for it?

You must first have completed all your sentences: fines and surcharges paid, imprisonment and probation finished. Then a waiting period begins, which depends on the date of the first offence:

Some people may be ineligible, in particular for offences in Schedule 1 of the Criminal Records Act or more than three indictable offences each with a sentence of two years or more, when the first offence was committed on or after March 13, 2012. A discharge alone does not require a pardon.

How much does it cost?

The PBC application fee has been $50 since January 1, 2022. You also have to pay yourself for fingerprints, the copy of the criminal record, court documents and the local police records check. The PBC points out that you do not need a private company: going through one speeds nothing up and guarantees nothing.

Frequently asked questions

What criminal record can you have and still be a security guard?

In Quebec, a criminal record does not automatically close the door to the security guard licence. Under section 19 of the Private Security Act, you must be of good moral character and never have been convicted of a criminal offence having a connection with the activity concerned, unless a pardon has been obtained. The BSP analyzes each file and refuses the application if it concludes that there is a connection.

Does a criminal record always prevent you from being a security guard?

No. The BSP refuses when the offence has a connection with the activity applied for or when good moral character is not demonstrated. Each file is analyzed. If you are still in security guard training, check your situation before investing time and money.

Does the temporary licence avoid the check?

The BSP temporary licence (120 days at most) is still a licence issued by the BSP. Nothing in the sources consulted indicates that it escapes the conditions of the Act. It is better to settle the question of the record first.

Do I have to declare an offence for which I obtained a pardon?

The BSP asks you to declare the offences for which you have not obtained a pardon. A pardoned offence is not covered by section 19.

What should I do if my BSP licence is refused?

Present your observations as soon as you receive the prior notice, then, if need be, contest the decision before the Tribunal administratif du Québec within 30 days. If the obstacle is a conviction, a pardon application can open the way to a new licence application. As for the fees for the licence itself, see BSP licence fees and renewal.

Sources

• LégisQuébec: Private Security Act (sections 19, 20, 24, 27, 30, 32 to 37)
• LégisQuébec: Loi sur la justice administrative (section 110 and Schedule IV)
• BSP: foire aux questions (infractions criminelles et absolutions)
• BSP: obligations reliées au permis
• Justice Canada: Loi sur le casier judiciaire, section 6.1
• Justice Canada: Code criminel, section 730
• CLCC (Parole Board of Canada): qui peut demander une suspension du casier
• CLCC: fiche d'information sur la suspension du casier
• CLCC: mises à jour pour les demandeurs ($50 fee)