Frequently asked questions

A private investigator is a professional authorized to search for
persons, information or property. Their work may in particular involve gathering
information relating to an offence, a fraud or the conduct of a person, within the
scope of a legitimate mandate.

Yes. Anyone carrying out investigation activities in Quebec must hold a valid
investigation agent permit issued by the Bureau de la sécurité privée, commonly
known as the BSP.

A business offering investigation services must also hold an investigation
agency permit. A self-employed investigator must therefore generally hold both
permits.

The public can consult the BSP’s Register of permit holders. This register
makes it possible to verify in real time the validity of an agency’s or an agent’s
permit, subject to certain publication exemptions granted to investigation agents
for security reasons.

Depending on the nature of the case and the authorizations obtained, an
investigation agency may in particular carry out:

• tailing and surveillance;
• insurance, disability, CNESST or SAAQ investigations;
• fraud, theft or absenteeism investigations;
• searches for persons, property or information;
• background and solvency checks;
• administrative or disciplinary investigations;
• investigations relating to unfair competition;
• interviews and research from legally accessible sources.

The information sought must be relevant to the mandate and gathered by lawful
means.

No. A private investigator is not a peace officer and does not have the special
powers granted to police officers. They may not pass themselves off as a police
officer, abuse their authority, intimidate a person or detain someone without
right.

Surveillance is not automatically illegal, but it must rest on a serious and
legitimate objective. It must be justified by rational, reasonable and documented
grounds before the tailing begins.

The means used must be proportionate, limited to the mandate and as unobtrusive
as possible. Surveillance should not be undertaken at random, on the basis of mere
rumours or solely to satisfy personal curiosity.

Images can generally be captured in public places or in places where the
person’s activities are immediately visible to the public, when this is necessary
for a legitimate mandate.

Surveillance must nevertheless remain occasional, reasonable and proportionate.
Capturing images inside a residence or in a private place where a person has a
reasonable expectation of privacy may constitute a violation of their rights.

An investigator has no special right to enter a residence, a building or a
private space without authorization. Entering a person’s home, or capturing their
image or voice in a private place, may constitute an invasion of privacy.

Observations are normally made from a place where the investigator has the
legal right to be.

The Criminal Code generally allows a private communication to be recorded when
at least one of the participants consents. A person taking part in a conversation
may therefore, in certain circumstances, consent to its recording.

On the other hand, intercepting a private conversation between other people,
without the consent of at least one participant or without judicial authorization,
may constitute a criminal offence. The use of the recording must also comply with
the civil rules on privacy and personal information.

An investigation permit does not automatically give access to bank accounts,
medical records, tax returns, phone records or other confidential information.

Such information can generally only be obtained with the appropriate consent,
an authorization provided by law, a court order or another valid legal basis.
An investigator may not use fraudulent, illegal or deceptive practices to get
around confidentiality rules.

Publicly accessible information may be examined when it is relevant to the
mandate. The investigator must nevertheless use lawful means and collect only the
information needed for the stated objectives.

They may not hack an account, use a password obtained illegally or fraudulently
bypass a person’s privacy settings.

Yes. An investigator is bound by discretion and must respect the confidential
nature of the information obtained in the course of their duties. They may not use
this information for their own benefit or that of an unauthorized third party.

Information, reports, photographs and videos are normally disclosed only to the
client, their authorized representatives or the persons to whom disclosure is
permitted by law.

An investigation agency that collects, uses, discloses or retains personal
information is subject to Quebec’s rules on the protection of personal
information. In particular, it must:

• designate a person in charge of the protection of personal information;
• publish that person’s contact details;
• establish governance and confidentiality policies;
• limit collection to the information that is necessary;
• use lawful means;
• adequately protect its files;
• govern their retention and destruction;
• keep a register of confidentiality incidents;
• notify the persons concerned and the Commission d’accès à l’information when an
  incident presents a risk of serious injury.

There is not necessarily a single retention period that applies to every file.
The duration depends in particular on the nature of the mandate, contractual
obligations, possible legal proceedings and the retention periods set by certain
laws.

Once the purposes for which the information was collected have been fulfilled,
it must be destroyed or anonymized, subject to any legal obligation to retain it.

They may be presented in judicial or administrative proceedings when they are
relevant. The court nonetheless retains the power to rule on their admissibility,
their reliability and the probative value to be given to them.

Evidence obtained by unjustly infringing a fundamental right may be challenged
or excluded, in particular when its use would be likely to bring the administration
of justice into disrepute.

When a person asks them to identify themselves, an agent permit holder must
normally show their permit. Certain special rules may nevertheless apply when an
investigation agent benefits from a publication or confidentiality exemption
granted to protect their safety and the conduct of their activities.

The investigator must in particular:

• act with integrity, competence, vigilance and professionalism;
• respect the dignity and rights of individuals;
• avoid conflicts of interest;
• refrain from threats, intimidation or harassment;
• refrain from knowingly making false accusations;
• preserve evidence;
• cooperate with the BSP and peace officers when the law requires it;
• protect the confidentiality of the information obtained.

No. A professional agency must assess the legitimacy of the mandate before
accepting it. It may refuse a mandate based on revenge, harassment, discrimination,
personal curiosity or an unlawful intent.

The collection of information must rest on a serious and legitimate interest,
pursue specific objectives and use lawful means.

A complaint may be filed with the Bureau de la sécurité privée when a person
operates without a valid permit, when an agency illegally offers services, or when
a permit holder behaves in a manner contrary to the Private Security Act or the
standards of conduct.

A complaint relating to the protection of personal information may also fall
under the Commission d’accès à l’information du Québec.