Ontario Private Investigator overview

Ontario Private Investigator study guide: key rules on all 11 topics

Free Ontario Private Investigator study guide: 243 key points from the Ontario Private Investigator Study Guide in plain words, organised by topic, each topic linked to its practice questions.

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  • 11 topics
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This study guide collects our notes on every topic of the Ontario Private Investigator Licence Test on one page: 243 short points in our own words, grouped by topic and by handbook section. Read it from top to bottom before your first practice test, or jump to a topic from the list below.

Each topic ends with a link to its practice questions, so you can check what you just read straight away, and a link to the official chapter for the full wording. The notes summarise the Ontario Private Investigator Study Guide from the Ontario Ministry of the Solicitor General — Private Security and Investigative Services Branch; they do not replace it, and where our notes and the official source differ, the official source wins.

Study these notes as flashcards →

The PI industry and getting licensed

Who needs an Ontario private investigator licence under the Private Security and Investigative Services Act, 2005, who is exempt, the six licence types, eligibility (age 18, clean criminal record, right to work, training and testing), the 50-hour training syllabus, approved training providers and the licence term.

Practise The PI industry and getting licensed questionsFlashcardsOfficial chapter

Introduction to the private investigation industry

  • The PSISA came into force on August 23, 2007; its aims include professionalizing the industry, improving public safety and making sure practitioners are trained and qualified.
  • The Training and Testing regulation (O. Reg. 26/10) came into force on April 15, 2010; every private investigator must meet it before applying for a licence.
  • A licence is needed by anyone paid to do work that mainly consists of investigations to provide information on a person's character, actions, business, occupation or whereabouts.
  • Loss prevention specialists count as security guards under the PSISA; they do not need a private investigator licence.

Who the Act covers

  • s. 2(2): a private investigator is a person paid to do work that consists primarily of conducting investigations to provide information.
  • s. 2(3): examples of information: character or actions of a person, business or occupation of a person, whereabouts of persons or property.
  • s. 2(7): the Act does not apply to lawyers practising law, people mainly doing credit-rating, insurance-applicant or employment-suitability checks, peace officers acting as such, licensed insurance adjusters and insurers and their employees in the normal scope of work, armoured vehicle services, security consultants who do not sell guard or investigator services, and locksmiths.
  • s. 2(8): pay that depends on finishing the work (contingency) still counts as remuneration.

Licence types and rules

  • Six licence types: individual PI, individual security guard, PI business, security guard business, individual dual (both), business selling both.
  • s. 6: an individual may act as a PI only with the right licence and while employed by a licensed business entity or registered employer (or an employer not required to register), or as sole proprietor/partner of a licensed business.
  • s. 12: a licence shows its type and expiry date, carries the holder's photo, and cannot be transferred.
  • s. 12: a person may hold both licences but cannot act as a security guard and a private investigator at the same time.

Eligibility

  • Individual applicants must be 18 or older, entitled to work in Canada, have a clean criminal record and have completed the prescribed training and testing.
  • Clean criminal record: no conviction for an offence listed in O. Reg. 37/08 (Eligibility to Hold a Licence — Clean Criminal Record), unless a pardon/record suspension was granted.
  • A conviction or charge not on the list does not automatically bar a licence; the branch reviews the file and the applicant may be given a chance to be heard.
  • s. 10(2): if a licensee stops meeting a requirement, they must stop working under the licence and return it within five days (not counting weekends and public holidays).
  • Licensees must tell the ministry within 5 days of a conviction or finding of guilt for an offence listed in O. Reg. 37/08.

Training and testing

  • s. 2(2): a PI licence requires a training program that complies with the Training Syllabus for Private Investigators and is given by an approved provider, plus passing the ministry's PI licensing test.
  • s. 2(3): approved providers: a public university, an Ontario college of applied arts and technology, a registered career college, a licensed business entity, or a registered business entity that employs the applicant or has made a conditional job offer.
  • s. 2(7): a person holding a permanent PI licence from another province or territory, earned through a test (with or without training), is exempt from Ontario training and testing.
  • s. 3.1: a business entity that trains must give a certificate showing its name, the words "Private Investigator", the student's name, the completion date and an authorized signature.

Program length

  • Minimum 50 hours of in-class time; suggested split: industry 2, PSISA 2, statutes 6, criminal and civil law 12, investigative techniques 14, ethics 2, communication 7, self-management 5.
  • Outside-class hours are pre-reading only; recommended instructor/student ratio 1 to 24.
  • Web-based courses must include real-time interaction with an instructor if the student needs it; live video-conference courses qualify.
  • Only students who attended the full course qualify to take the test.

Licence term

  • A new individual licence expires on the holder's second birthday after the day it is issued; a renewal runs two years.
  • Renewal is possible up to 90 days before expiry; licences are now digital and a digital or printed copy must be carried while working.
  • A PI who also wants a security guard licence must pass the separate security guard test too (testing page: separate tests for each licence).

PSISA rules, Code of Conduct and complaints

Carrying and producing your licence, the undercover exception, the ban on badges and on words such as detective and officer, the Code of Conduct (O. Reg. 363/07), public complaints and facilitation, refusals and appeals, work a PI may not do, and the penalties for breaking the Act.

Practise PSISA rules, Code of Conduct and complaints questionsFlashcardsOfficial chapter

General rules and standards of practice (PSISA ss. 34–40)

  • s. 34(1): a person holding themself out as a PI must carry the licence, identify as a private investigator on request and produce the licence on request.
  • These duties apply only to someone holding themself out as a PI; an undercover investigator need not carry or show a licence, especially if it would endanger them or the investigation.
  • s. 34(2): a PI may not possess any identification or symbol of authority other than the PSISA licence (a metal badge is not allowed).
  • s. 39: a licensee must not falsely hold themself out as providing police services or police-related duties.
  • s. 40: banned terms (and variations): detective or private detective, law enforcement, police, officer.
  • s. 37: a licence belongs to the Crown and must be returned immediately if suspended or revoked or if the holder stops meeting an eligibility requirement.
  • s. 38: no one may lend a licence, let someone else use it, display a licence that is fake, altered, suspended, revoked or not their own.

Code of Conduct, s. 2(1)

  • While working, an individual licensee must act with honesty and integrity; comply with federal, provincial and municipal laws; treat everyone equally without discrimination; avoid profane, abusive or insulting language or uncivil actions; avoid unnecessary force; avoid behaviour not authorized by law.
  • Must treat information received while working as confidential, except where disclosure is required by the work or by law.
  • Must co-operate with police where the law requires it.
  • Must respect and use property and equipment according to the licence conditions.

Code of Conduct, s. 2(2)–(3)

  • Must not be unfit for duty through alcohol or drugs; must not conspire with or aid another licensee to breach the code; must not wilfully or negligently make a false statement or complaint against another licensee.
  • Must not misrepresent the type, class or conditions of the licence — except a licensee concealing their identity as a PI to carry out duties (s. 2(3)).
  • s. 1: contravening the regulation is a breach of the code of conduct.

Public complaints

  • Anyone may complain to the Registrar that a licensee breached the code of conduct, the Act or the regulations, or a licence condition.
  • A complaint must be in writing, signed and filed within 90 days of the events (later only with the Registrar's consent).
  • The Registrar may decline a code-of-conduct complaint that is frivolous, vexatious or not in good faith, and must give reasons.
  • Code-of-conduct complaints go to a facilitator unless the complainant does not want that; the facilitator may recommend remedial instruction, which the Registrar then imposes as a licence condition.
  • The study guide: complaints can lead to facilitation; the branch may also investigate and lay charges, issue a warning or revoke the licence.

Refusal and revocation

  • The Registrar may refuse, revoke or attach conditions; written notice must give reasons and offer a chance to be heard.
  • The licensee has 21 days after the notice to ask in writing to be heard; appeals go to the Tribunal within 21 days after written reasons.
  • The Registrar may suspend a licence immediately when proposing revocation if public safety requires it.

Offences and penalties

  • Offences include giving false information on an application, breaking an order, a licence condition, the Act or the regulations.
  • Individuals: fine up to $25,000, up to one year in jail, or both. Business entities: fine up to $250,000.
  • s. 43(2): a prosecution must start within one year after the Registrar first learns of the facts.

Prohibited work

  • A PI licensee must not act or offer to act in collecting accounts, as a bailiff, or in an eviction under the Residential Tenancies Act, 2006.
  • A PI must not locate, or gather information to locate, a person known or suspected to be in a witness protection program.

Privacy law: PIPEDA, FIPPA and MFIPPA

How PIPEDA's consent rules limit what personal information an investigation business can collect, use and disclose, the exceptions for publicly available information and investigations, access to government records under FIPPA and MFIPPA, and industry practice on expectations of privacy, hidden cameras, audio and GPS trackers.

Practise Privacy law: PIPEDA, FIPPA and MFIPPA questionsFlashcardsOfficial chapter

Privacy laws

  • PIs routinely collect, store, share and destroy highly sensitive information; they must know the rules for handling it and how to request government records under freedom of information laws.
  • PIs working for organizations are limited in what third-party personal information they can collect, use and disclose.

PIPEDA

  • PIPEDA (Personal Information Protection and Electronic Documents Act) is federal; it governs how organizations in commercial activities collect, use and disclose personal information.
  • A licensed business entity doing PSISA-regulated work is likely subject to PIPEDA.
  • PIPEDA is consent-based: without the person's consent, what can be collected, used or disclosed is limited.
  • Much of a credit report is personal information; a credit check can be run with the subject's consent.
  • Exceptions exist: the Regulations Specifying Publicly Available Information (SOR/2001-7) list publicly available records (for example some judicial records) that can be collected, used and disclosed without consent for related purposes.

Disclosure for investigations (current Justice Laws text, 2026)

  • An organization may disclose personal information without knowledge or consent to another organization if it is reasonable for investigating a breach of an agreement or a contravention of a federal or provincial law, and asking for consent would compromise the investigation.
  • s. 7(3)(d.2): similar rule for detecting, suppressing or preventing fraud.

FIPPA and MFIPPA

  • FIPPA (Freedom of Information and Protection of Privacy Act) covers records held by the Ontario government, designated agencies, colleges of applied arts and technology and universities; hospitals were added on January 1, 2012.
  • MFIPPA (Municipal Freedom of Information and Protection of Privacy Act) has the same purpose for records held by municipalities and some related institutions.
  • PIs should know how to file access requests under these acts; PIs working for institutions covered by them may be limited by them.

Industry standards on privacy

  • A person in a public place has no reasonable expectation of privacy; their actions may be photographed or filmed.
  • A person at home does have a reasonable expectation of privacy; a PI must not go onto the property to look in windows — observe from the street or other public property.
  • Privacy concerns grow with the setting: a bathroom more than a living room; use judgment at gravesites, religious services and where minors may be present.
  • A planted wireless camera: consider whether the signal is encrypted and whether someone else could intercept it.
  • When videotaping, the original must never be altered; Criminal Code s. 184 restricts recording private conversations, so best practice is to record video without audio.
  • GPS trackers go on a vehicle only with the vehicle owner's permission, e.g. a company owner may give written permission for a company car driven by an employee.

Locating and restricted records

  • A PI must not try to obtain credit records, income tax or bank records without lawful authority (and a signed release).
  • Keep searches as non-intrusive as possible; prefer covert, low-impact methods over overt ones.

Evidence: types, Evidence Acts and chain of custody

Direct, circumstantial, hearsay, documentary (illustrative), real, trace, opinion and unsworn evidence, admissions, business records under the Ontario Evidence Act and Canada Evidence Act, and the six core steps for containing evidence and keeping a chain of custody.

Practise Evidence: types, Evidence Acts and chain of custody questionsFlashcardsOfficial chapter

Ontario Evidence Act and Canada Evidence Act

  • PIs may present evidence in court and should know the relevant sections of both Evidence Acts, how to document and preserve evidence, and when to stop an investigation.
  • Syllabus: these Acts do not say how evidence is collected; they say which evidence is admissible and who may give evidence.

Types of evidence

  • Direct evidence: a witness testifies about what they saw directly; it is the preferred kind; its reliability depends on the witness's perception, memory and ability to describe.
  • Circumstantial evidence: a fact is inferred from other facts (owning the same kind of knife, being nearby); it must be connected closely enough to a relevant fact.
  • Hearsay: a witness repeats what another person, not in court, told them; that person cannot be cross-examined, so reliability is doubtful; generally not allowed if the original witness could be summoned.
  • Admissions: voluntary admissions by an accused reported by another witness fall outside the hearsay rule and may be admissible.
  • Documentary (also called demonstrative or illustrative) evidence: any written thing or recording — documents, photos, sound recordings, video, computer records; court must be satisfied it was not tampered with and is a true depiction.
  • Surveillance photos and video are illustrative evidence; in a civil case the PI marks them and logs them in a report.
  • Real (physical) evidence: objects shown in court, e.g. a weapon or clothing; a witness usually explains where and how it was found and where it was kept since.
  • Trace evidence: very small or invisible physical evidence (fingerprints, footprints, hair, fibres); must be collected or photographed by experts.
  • Opinion evidence: what a witness believes or infers; should come from an expert and be based on facts in evidence.
  • Unsworn evidence: every witness testifies under oath or solemn affirmation; if a witness seems not to understand an oath because of age or mental capacity, the Crown should be consulted.
  • A discarded item picked up in a public area such as a mall may be kept as evidence; garbage at the curb or on city property can be subject to municipal by-laws, so research them first.

Evidence handling and chain of custody

  • Six core steps for containing evidence: collect, secure, preserve, identify, continuity, log.
  • Treat all evidence as if it may be used at trial; the chain of custody (uninterrupted control) must be clearly shown.
  • Mark the evidence bag with the PI's initials and the date and time gathered; keep the number of handlers as small as possible and document each transfer.
  • Non-physical evidence (e.g. a saved electronic communication on a USB drive) is also treated as evidence and stored securely.
  • Syllabus: handling and sealing audio/video materials and inventory control are part of evidence procedure.

Ontario Evidence Act s. 18 and s. 35

  • s. 18(1): a person of any age is presumed competent to give evidence.
  • s. 35: a record made in the usual and ordinary course of business, at or near the time of the event, is admissible as evidence of that event; the party must give at least seven days' notice to the other parties.
  • s. 35(4): lack of personal knowledge by the maker affects weight, not admissibility.

Canada Evidence Act s. 30

  • A record made in the usual and ordinary course of business is admissible where oral evidence on the matter would be admissible.

Trespass to Property Act and other statutes

Occupiers and authorized persons, the three ways to commit trespass, notice by voice, writing, signs and red or yellow markings, arrest and handover to police, the $10,000 maximum fine, and the other Ontario statutes the syllabus names, including the Highway Traffic Act on surveillance.

Practise Trespass to Property Act and other statutes questionsFlashcardsOfficial chapter

Trespass to Property Act

  • The Act lets the occupier of private premises decide who may be there, and lets the occupier authorize others to act for them.
  • s. 2(1): trespass offence = entering where entry is prohibited, doing a prohibited activity, or not leaving immediately when told to by the occupier or an authorized person.
  • s. 2(1): maximum fine on conviction is $10,000.
  • s. 5: notice can be given orally, in writing, by signs visible from each normal access point, or by the red/yellow marking system.
  • s. 7: red markings mean entry is prohibited; yellow markings mean entry is prohibited except for certain permitted activities; markings must fit a circle 10 cm in diameter.
  • s. 3(2): there is a presumption that using the normal approach to a building's door for a lawful purpose is not prohibited.
  • s. 9: the occupier or a person they authorize may arrest without warrant a person believed on reasonable and probable grounds to be trespassing, and must promptly call police and hand the person over.

Trespass and document service

  • When serving documents (e.g. in an apartment building), a PI must still comply with the Trespass to Property Act; serving a document never justifies an offence.

Additional legislation

  • PIs should also know the Employment Standards Act, 2000, Labour Relations Act, 1995, Liquor Licence Act, Provincial Offences Act and Residential Tenancies Act, 2006; the syllabus adds the Occupational Health and Safety Act.
  • Syllabus: these are especially relevant when working undercover; PIs need only know them as they affect their role and must stay within lawful authority.
  • The Highway Traffic Act still applies during mobile surveillance: obey it even if the subject speeds or runs a red light.

Residential Tenancies Act link

  • A PI licensee may not act in an eviction under the Residential Tenancies Act, 2006, collect accounts or act as a bailiff.

Criminal Code: arrest, force and offences

Why a PI has only a citizen's powers, arrest without warrant under section 494, delivering a person to police, use of force under sections 25 to 27, defence of person and property, Charter rights on arrest and detention, and the offences the study guide names: theft, false pretences, fraud and kidnapping.

Practise Criminal Code: arrest, force and offences questionsFlashcardsOfficial chapter

Criminal Code powers of arrest

  • PIs have neither police nor peace officer powers; they have the same powers as any member of the public.
  • Criminal Code s. 494 sets out when a member of the public may arrest.
  • Anyone may arrest without warrant a person found committing an indictable offence; PIs must know the difference between indictable and summary conviction offences.
  • Indictable offences are usually more serious; many offences PIs meet are indictable.
  • After an arrest the PI must deliver the person to a peace officer as soon as possible.
  • Syllabus: PIs should know what they would have to present to police to have an arrest made, and the definitions of peace officer and public officer in Criminal Code s. 2.

Arrest without warrant by any person

  • s. 494(1)(a): anyone may arrest a person found committing an indictable offence.
  • s. 494(1)(b): anyone may arrest a person they believe on reasonable grounds has committed a criminal offence and is escaping from and freshly pursued by people with lawful authority to arrest.
  • s. 494(2): the owner or lawful possessor of property, or someone they authorize, may arrest a person found committing a criminal offence on or in relation to that property, at the time or within a reasonable time after if a peace officer cannot feasibly make the arrest.
  • s. 494(3): anyone other than a peace officer who arrests without warrant must deliver the person to a peace officer forthwith.

Use of force

  • s. 25(1): a person required or authorized by law to do something in administering or enforcing the law, acting on reasonable grounds, may use as much force as necessary for that purpose; this includes a private person.
  • s. 494(4): a person authorized to arrest under s. 494 counts as authorized by law for s. 25.
  • s. 26: anyone authorized to use force is criminally responsible for any excess.
  • s. 27: anyone may use as much force as reasonably necessary to prevent an offence for which the offender could be arrested without warrant and that would likely cause immediate and serious injury to a person or property.

Defence of person and property

  • s. 34: no offence if a person reasonably believes force or a threat of force is being used against them or another, acts to defend, and the act is reasonable in the circumstances.
  • s. 35: similar defence for someone in peaceable possession of property (or helping them) acting to prevent entry, theft or damage, if reasonable in the circumstances.

Canadian Charter of Rights and Freedoms ss. 8–10, 32

  • s. 8: right to be secure against unreasonable search or seizure.
  • s. 9: right not to be arbitrarily detained or imprisoned.
  • s. 10: on arrest or detention, the right to be told the reasons promptly, to retain and instruct counsel without delay and be told of that right, and to habeas corpus.
  • s. 32: the Charter applies to Parliament and the federal government and to provincial legislatures and governments.

Common offences

  • Intimidation (s. 423), kidnapping (s. 279), theft (s. 322), false pretence (s. 361) and fraud (s. 380) are offences PIs should know.
  • s. 322: theft is taking or converting something fraudulently and without colour of right, with intent to deprive the owner.
  • s. 361: a false pretence is a representation of a past or present fact, known to be false, made with fraudulent intent to induce someone to act on it.
  • s. 380: fraud is defrauding the public or any person of property, money, valuable security or a service by deceit, falsehood or other fraudulent means.
  • s. 279(1): kidnapping a person with intent to confine them, send them out of Canada, or hold them for ransom or service against their will.

Courts, intimidation, harassment and civil law

The Canadian court system, burden of proof in criminal and civil cases, intimidation under section 423, criminal harassment under section 264, interception of private communications under section 184, tort, libel, slander and perjury, and the parties to a civil action.

Practise Courts, intimidation, harassment and civil law questionsFlashcardsOfficial chapter

Canadian court system

  • Every investigation should be run as if it could go to trial; procedural and administrative steps must be done with great care.
  • The study guide's chart lists the Supreme Court of Canada, the Court Martial Appeal Court, military courts, provincial/territorial courts of appeal, superior courts and provincial/territorial courts, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada, plus federal and provincial administrative boards and tribunals.
  • In a criminal trial the Crown must prove guilt beyond a reasonable doubt.
  • In a civil case the burden is lower: the plaintiff must prove the case on a balance of probabilities.

Intimidation (Criminal Code s. 423)

  • PIs must recognize intimidation used against them and how surveillance itself could become intimidation or stalking.
  • s. 423(1): intimidation includes wrongfully, to compel someone to do or stop doing something they have a right to do: violence or threats, persistently following the person, hiding their tools or property, besetting or watching the place where they live or work, or blocking a highway.
  • s. 423(2): attending at or near a dwelling only to obtain or communicate information is not watching or besetting.
  • Syllabus: breaching the Criminal Code through intimidation or stalking can affect the admissibility of the evidence gathered.

Criminal harassment

  • Offence when, without lawful authority, a person knowingly or recklessly harasses another so that the other reasonably fears for their safety or the safety of someone known to them.
  • Prohibited conduct includes repeatedly following someone from place to place, monitoring their location, movements or interactions, repeatedly communicating with them, besetting or watching their home or workplace, and threatening conduct.

Interception of private communications

  • s. 184(1): knowingly intercepting a private communication by any device is an offence (indictable, up to five years, or summary).
  • s. 184(2)(a): the offence does not apply to someone with the consent of the originator or of the intended recipient.
  • Study guide: never record a conversation without the knowledge and consent of one of the parties; recording two other people's conversation without consent is a criminal offence.

Tort law, libel, slander and perjury

  • PIs must work within lawful authority; the syllabus requires a working grasp of tort law (civil wrongs), libel (defamation in lasting form, such as writing), slander (spoken defamation) and perjury (lying under oath).

Civil procedure basics

  • Civil law deals with disputes between private citizens or businesses; criminal matters go to criminal courts and are not governed by the Rules of Civil Procedure.
  • The plaintiff starts the action; the defendant is the one being sued; others brought in, usually by the defendant, are third parties.
  • PIs may deal with civil matters in the Superior Court of Justice, Small Claims Court and family court.

Locating, research and surveillance

Setting a justifiable mandate, basic locator techniques, public records and research sources such as PPSR searches, the purposes of covert surveillance, what to know before you start, standard equipment, detection, and solo versus team surveillance methods.

Practise Locating, research and surveillance questionsFlashcardsOfficial chapter

Basic locator techniques

  • Locating and pre-investigation work is the basis of all investigations (no surveillance without the subject's address).
  • Before starting, confirm with the client a justifiable mandate: what is wanted, why, whether it is frivolous, and whether getting it is lawful (e.g. under PIPEDA).
  • Keep detailed records of the reason for the investigation; sometimes checking the client's own claims and background is the responsible approach.
  • Once a case is accepted, first double-check the accuracy of the information the client supplied.
  • When maps do not find the address, a postal code search may give the address or area; public databases, internet sources and library searches can confirm outdated information.
  • Last resort for a missing person: a local newspaper ad with the last known address.

Research techniques

  • Libraries hold telephone books, business indexes, trade magazines, criss-cross directories (numbers in numerical order with subscriber names), and old newspapers on microfiche or CD-ROM (crime and accident stories, bankruptcy, marriage, birth, obituary and probate notices).
  • A Personal Property Security Registration (PPSR) search can show liens against a subject's property or business; it is public.
  • Bankruptcy, divorce, land registry and corporate records, plus civil, small claims and family court files, can help; search only what the instructions and purpose require.

Purpose of surveillance

  • Covert surveillance aims to observe persons, places or things without being detected and see the subject in their natural, true state.
  • Purposes include locating people, learning about activities or health status, finding hidden or stolen property, preventing or catching an act, gathering information before an interview, and obtaining court evidence.
  • Surveillance video and photos are illustrative evidence.

Preparation and conduct

  • Before surveillance get: name, date of birth, address, phone numbers, employment, places frequented and the purpose; if something is missing check the file or call the office.
  • Obey all federal, provincial and municipal laws, including the Highway Traffic Act while following a vehicle, even when the subject breaks it.
  • If the subject is known to have a lawyer, general practice is to avoid verbal contact or interaction with them.
  • Standard equipment: a nondescript vehicle of muted colours (SUV, van), a covert video camera with night-shot capability, still camera with zoom lens, notepads, pens, binoculars, change of clothes, money, two-way radio, digital recorder for notes, and props to blend in.

Detection and team surveillance

  • Watch your surroundings and the subject for signs surveillance is compromised; balance "paranoia" against real reasons to think you were detected.
  • Most surveillance is done alone; teams are used for aggressive drivers, locations with several exits, or subjects able to run counter-surveillance.
  • Alone: keep a constant eye on the subject when possible. In a team: stay in constant communication.
  • Team techniques: caravan method, leapfrogging, parallel coverage.
  • Syllabus: surveillance methods are overt/covert and mobile/stationary; being identified by the subject is called "being made"; cross-reference notes, surveillance data and reports.

Interviews, statements and reports

Preparing for and conducting interviews, taking and correcting a witness statement, confessions and youth interviews, writing objective surveillance reports, correcting notes and using notes when you testify.

Practise Interviews, statements and reports questionsFlashcardsOfficial chapter

Interview techniques

  • Good sources include former spouses, relatives, neighbours, business competitors, employees, employers, business associates and landlords.
  • The key to a successful interview is knowing its purpose.
  • Be prepared: review what you know, prepare questions, bring notebook, pens, recorder, enough tapes and new batteries.
  • Make an appointment when the witness is expected to cooperate; a "cold call" may be better in some cases. State your business truthfully without revealing confidential information.
  • At the start, greet the person, identify yourself and show your PI licence; formal or informal approach depending on the person.
  • Once the person talks, do not interrupt; take notes discreetly; control your emotions and never react.
  • End courteously so future cooperation is likely; write the investigative report immediately after.
  • Syllabus: interviewing differs from interrogating; narrative vs cognitive and civil vs criminal interviews; assess credibility, reliability and suitability of a witness.

Statements

  • Purpose of a statement: an accurate record of the witness's recollection of an event.
  • Typical content: witness's full name, date of birth, ID, employment, contact information and address, place and date of the interview, start and finish times, the PI's name and company, an introduction, the witness's account word for word (verbatim), and a closing paragraph.
  • The closing paragraph confirms the witness read the statement, finds it accurate and was told they could change any part before signing.
  • Changes: draw a line through the removed item; the witness and the PI initial at the start and end of the correction.
  • Initial or sign every page; after the signatures on the last page, draw an "x" through the rest of the page.
  • A prepared questionnaire can keep a wandering witness on track.
  • Record that the witness gave the information of their own free will.
  • If the statement may be a confession, make no threat and no promise of immunity; coerced confessions are inadmissible.
  • Lawyers may cross-examine every witness at trial, so statements must reflect the truth.
  • For a youth under 18, industry practice is to get permission from a parent or legal guardian and let them be present.
  • The study guide says the most important things to document are the value, credibility and honesty of the information, and refers to the Ibrahim rule (a statement must be free of duress to be admissible).

Report writing

  • Reports must be objective and standardized; types include legal and insurance reports; reports can be used for audits or as evidence.
  • Basic elements: date, time, location, actions/behaviours, descriptions of people, observations, time of completion.
  • Record notes and observations as soon as possible; a digital recorder can help but should not be relied on alone (batteries, malfunctions).
  • If a critical detail was left out, add it when you remember it; for an error, draw a line through it and initial it.
  • Write the final report from personal notes and review any video to check accuracy.
  • A standard surveillance report starts with the subject's name, file number, date and time, and other details per company policy (weather, video equipment, neighbourhood).
  • Syllabus: an objective report sticks to facts, is written in the third person, avoids emotional terms and introspection, and is clear and concise.

Reports as evidence

  • A PI may receive a subpoena and testify; thorough, accurate notes are essential.
  • On the stand the PI may refer to notes only with the court's permission; notes are a memory aid, not something to read from.
  • Before court, review all notes carefully.

Undercover work, email monitoring and serving documents

When undercover operations are used, briefing and supervising an operator, conduct that protects credibility in court, monitoring employee email, and serving civil documents under Ontario's Rules of Civil Procedure, including personal service, substituted service and the Affidavit of Service.

Practise Undercover work, email monitoring and serving documents questionsFlashcardsOfficial chapter

Undercover operations

  • Undercover work is generally a last resort after other techniques (assessments, interviews, interrogations, surveillance, cameras) are exhausted or unsuitable.
  • Typical use: workplace issues, e.g. posing as an employee to investigate theft by another employee.
  • Brief the operator on the environment, supervisors, known suspects, the infractions sought, what is expected as an employee, and where suspects gather.
  • Choose an operator who will fit in (e.g. language or background of the workforce).
  • The study guide notes that, according to the Canada Revenue Agency, a fake name should not be used on a resume.
  • Supervisors manage the operator: safety, in-person debrief after each shift, receiving seized evidence, checking report accuracy, watching for burnout and liaising with the client.
  • Report all infractions observed — criminal acts, policy breaches, health and safety violations — not only the ones the client targeted.
  • Do not record conversations you are not a party to; cameras must not go in washrooms where people expect privacy.
  • Avoid being seen in public with targets by people who know your true identity.
  • Protect credibility for court: no drug use or drinking to gain trust; never offer employees money to steal.
  • Do not encourage, demand or assist any breach of law, policy or company rule, or enlist others to do so.
  • The operator may accept the client's stolen property but as a rule should not take part in theft, unless the client authorizes it as a tactic; the property can later serve as evidence.
  • Typically the client decides whether police are informed; police lay any charges they see fit.

Monitoring of email

  • Monitoring employees' email on the company's server or network without notice is accepted Canadian practice, as these are company property; employees may also sign a release acknowledging monitoring.
  • If an employee misused a company computer, isolate the unit and make sure no one else uses it.
  • If the violation is on the employee's personal/home computer, the client should simply notify its lawyer.

Rules of Civil Procedure and document service

  • Anyone may serve documents; no PI licence is required, but PIs are often hired to do it.
  • Ontario's Rules of Civil Procedure set how documents are served and how cases move through civil courts.
  • Documents served include statements of claim, petitions for divorce and motions; an Affidavit of Service proves delivery to the named person.
  • A Summons to Witness is served with conduct money and must be served personally; several attempts at different times may be needed for an evasive witness.
  • Personal service is complete when the document is handed to the named person, whether or not they accept it.
  • If the person will not open the door, contact the client; the lawyer or client may apply for substituted service.
  • Identify the person clearly, usually by having them state their name; for a divorce petition the lawyer may want the respondent to sign for receipt; coworkers or neighbours may help confirm identity of an evasive person.
  • The Affidavit of Service must be sworn by the PI who served the document, before a lawyer or commissioner of oaths; errors found before swearing are disclosed, corrected and initialled first.

Ethics, communication and self-management

Ethical decision-making, duty of care, prejudice and the Ontario Human Rights Code, clear and unbiased communication, tactical communication, and managing stress, time, teamwork and changing conditions on assignments.

Practise Ethics, communication and self-management questionsFlashcardsOfficial chapter

Ethical reasoning and decision-making

  • PIs make quick decisions and must handle ethical dilemmas involving diversity, cultural differences and social problems.
  • Types of prejudice to understand include ethnic background, education, religion, gender, sexual orientation and physical or mental disabilities.
  • PIs must comply with the Code of Conduct and the Ontario Human Rights Code and treat all persons equally without discrimination.
  • Decision skills: separate relevant from irrelevant facts; make defensible decisions supported by facts and research; suit judgments to the time frame, risks and hazards; prioritize; draw on the law; plan next steps; decide who should access confidential information; recognize ethical dilemmas.
  • Syllabus: duty of care means what a reasonable person should do in the situation; impartiality, conflict of interest and entrapment are discussed.

Communication

  • Information a PI gives, orally or in writing, should be clear, concise, in appropriate language, accurate and free of personal bias or opinion.
  • General rules: be brief, be explicit, be concise, make sure you are understood, do not be antagonistic.
  • Tactical communication: adjust style to the situation and audience; be assertive without being confrontational.
  • Tone, volume and cadence strongly affect how a message is received, especially on the phone where there are no non-verbal cues.
  • Being courteous and professional builds rapport and trust with employers, peers, clients and the public.
  • Syllabus: de-escalation uses progressive intervention steps; non-verbal elements include posture, spatial distance, eye contact and facial expressions.

Self-management skills

  • Keep professional composure under stress; know how to react if exposed during surveillance, how to control situations by asking questions and when to identify yourself.
  • Manage stress from isolation, driving and fatigue.
  • Time management: prioritize multiple tasks, manage cases, reports and shift work, arrive on time.
  • Work alone or in a team (e.g. two-person surveillance, inter-agency cooperation).
  • Adaptability: adjust quickly to changing schedules, places, weather, client needs and uncomfortable settings (sitting for long periods, stairwells, confined spaces); be able to adopt convincing personae for different assignments.

Written in our own words from: Ontario Private Investigator Study Guide

FAQ

Ontario Private Investigator study guide: common questions

What is the best way to use this Ontario Private Investigator study guide?

Read one topic, then answer that topic's practice questions while the rules are fresh. Note the questions you miss, re-read those notes, and finish with a full practice test across all 11 topics.

Is this the official Ontario Private Investigator handbook?

No. It is our own summary of the Ontario Private Investigator Study Guide. Use it to review, and use the official handbook when you need the exact wording of a rule.

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