You find an employee used a company computer for illegal activity. How do you best protect the evidence?
Ontario Private Investigator: 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.
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- 14 questions
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Study reference: Ontario Private Investigator Study Guide (ontario.ca, October 2021), Ch. 5 Investigative techniques — Undercover operations, Monitoring of email, Rules of Civil Procedure and document service
All 14 questions in this test
Every question and its answer choices. The correct answers and explanations appear when you take the test above.
You find an employee used a company computer for illegal activity. How do you best protect the evidence?
- Let the employee keep working so they do not suspect
- Delete the illegal files so they cannot spread
- Copy the files to your own laptop for safekeeping
- Isolate the computer and make sure no one else uses it
What must accompany a Summons to Witness when it is served?
- The client's statement of claim
- A copy of the investigator's licence
- Conduct money
- A signed release form
Which task is part of a supervisor's role in managing an undercover operator?
- Debriefing the operator in person after each shift
- Working beside the operator on every shift
- Writing the operator's reports on their behalf
- Telling co-workers the operator's real identity
When is personal service of a document complete?
- When you hand it to the named person, even if they refuse it
- Only when the person signs to accept it
- Only when the person reads it in front of you
- Only when you leave it with an adult who lives at the person's address
Under established Canadian practice, when is monitoring employee email without notice considered acceptable?
- When it is done on the company's own server or network
- When the employee's personal email is accessed remotely
- When it is done on the employee's home computer
- When the employee is on vacation and away from work
Do you need a private investigator licence to serve legal documents in Ontario?
- No, but you need a bailiff licence
- Yes, only licensed investigators may serve
- Yes, unless a lawyer serves them personally
- No, generally anyone can serve documents
Co-workers invite you, undercover, to share drugs to earn their trust. What does the study guide say?
- Accept once, since it protects your cover
- Accept, then note it in your report
- Accept if the client has authorized it in advance to protect your cover
- Decline, because it would damage your credibility in court
Who typically decides whether police are informed of what an undercover operation found?
- The suspected employee's union
- The Registrar
- The undercover operator
- The client
The person you must serve refuses to open the door. What is the best action?
- Slide the document under the door and leave
- Contact the client and explain the situation
- Tape the document to the door and photograph it
- Wait inside the building until they come out
A target offers you, undercover, a share of the client's stolen goods. What does the study guide allow?
- Refuse it and immediately reveal your identity
- Sell it quietly and use the money to cover the costs of the investigation
- Accept the property, but as a rule do not take part in theft
- Accept it and help with the next theft as well
Who must swear the Affidavit of Service after a document is served?
- The investigator who actually served the document
- The client's lawyer who drafted the document
- The person who received the document
- Any employee of the investigation agency
While undercover for suspected theft, you see serious safety violations the client did not mention. What should you do?
- Fix them yourself without telling anyone
- Report them to the workers' union first
- Observe and report them along with the theft
- Ignore them, as they are outside your mandate
Before going undercover in a workplace, which briefing topic does the study guide list?
- Who the supervisors and any known suspects are
- The client's annual profit and tax filings
- The home addresses of all the employees
- The salaries of the company's managers
When is an undercover operation generally used?
- As the first step in every workplace case
- Only when the police ask the agency for help
- As a last resort after other techniques are exhausted
- Whenever the client prefers not to pay for surveillance
Undercover work, email monitoring and serving documents: key rules to remember
Our summary of what the official handbook says on this topic, in our own words. Read it before or after the practice questions above, then check the original chapter. Read the official 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.
Study the Undercover work, email monitoring and serving documents rules as flashcards →
Other topics
- The PI industry and getting licensedWho 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.
- PSISA rules, Code of Conduct and complaintsCarrying 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.
- Privacy law: PIPEDA, FIPPA and MFIPPAHow 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.
- Evidence: types, Evidence Acts and chain of custodyDirect, 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.
- Trespass to Property Act and other statutesOccupiers 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.
- Criminal Code: arrest, force and offencesWhy 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.
- Courts, intimidation, harassment and civil lawThe 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.
- Locating, research and surveillanceSetting 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.
- Interviews, statements and reportsPreparing 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.
- Ethics, communication and self-managementEthical 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.