Last updated July 12, 2026 · Rules and effective dates can change; verify current details before acting.
Short answer: Ontario is reviewing the law that licenses private investigators and security guards: the Private Security and Investigative Services Act, 2005 (PSISA). The Ministry of the Solicitor General ran a public consultation, with submissions open until January 21, 2026. That window is now closed and the review is ongoing as of mid-2026. Nothing has been enacted yet: this is about what could change, not what has changed. The current law remains PSISA 2005 and its Code of Conduct, O. Reg 363/07. As a licensed Ontario firm, we welcome the direction: clearer public and police distinction, tighter oversight, and possibly broader scope are good for clients and good for the profession.
Has Ontario’s private investigator law actually changed?
No. This is the single most important point to get right, and it is where a lot of coverage gets careless. As of mid-2026, the modernization of PSISA is a review and consultation with proposed changes, not new, enacted law.
The Ministry of the Solicitor General opened a public consultation on modernizing PSISA and accepted submissions until January 21, 2026. That window has closed. The review continues. Until legislation or regulation is actually enacted, the rules that govern private investigators and security guards in Ontario are unchanged: PSISA 2005 and O. Reg 363/07, the Code of Conduct.
We are writing about what is on the table, because clients and the public deserve a clear-eyed read from a firm that lives inside this regulation every day. Frame everything below as “what could change.”
What is the PSISA review examining?
The consultation put several substantive areas up for review. Each one touches how our industry is defined, supervised, and held accountable.
Do the definitions of “private investigator” and “security guard” still work?
One question under review is whether the existing statutory definitions of “private investigator” and “security guard” still make sense given how the work has evolved. Definitions matter more than they sound. They determine who needs a licence, what training applies, and which conduct rules bind a given role. Rewriting them is not cosmetic; it can pull new activities into the regulated fold or clarify the line between roles that have drifted together over two decades.
Should more security work fall under PSISA?
Related to the definitions question, the review considers whether more types of security work should fall under PSISA. The security landscape in 2025-2026 includes functions that barely existed when the Act was written. Bringing additional work under the Act would extend licensing, training, and conduct requirements to people currently operating outside them.
How could oversight and use-of-force accountability be strengthened?
The review looks at strengthening oversight and use-of-force accountability, with proposed regulatory changes including enhanced use-of-force reporting. For the security-guard side of the industry in particular, clearer reporting obligations around any use of force would raise accountability and create a documented record where one is currently thin.
Would the Registrar get more enforcement authority?
The province is also considering giving the provincial Registrar more enforcement discretion and authority. In practice, that means a stronger hand to act on misconduct, condition or refuse licences, and enforce the standards the Act already sets. For firms that operate cleanly, more enforcement capacity is not a threat; it is what makes a licence mean something.
How would the public and police distinction change?
This is the proposed change that matters most to the public. Among the regulatory proposals are updated uniform and vehicle requirements so security personnel are more clearly distinguishable from police, alongside the enhanced use-of-force reporting noted above.
The goal is to remove any ambiguity between a private security officer and a sworn police officer: in the uniform someone wears and the vehicle they drive. That protects the public from confusion about who holds actual police authority, and it protects legitimate security professionals by drawing a bright line around what they are and are not.
It is worth being precise about the baseline here, because the proposals build on rules that already exist. Under the current PSISA framework, private investigators and security personnel already cannot hold themselves out as police, cannot wear a badge or symbol of authority, and cannot use the titles “detective” or “private detective.” The prohibition is not new. What is proposed is a reinforcement: tighter, more explicit uniform and vehicle standards on top of a long-standing rule.
What does the current law already require?
To understand the proposals, anchor on what binds us today. The existing PSISA framework and its Code of Conduct set a real floor:
- Licensing is mandatory. Private investigators in Ontario must be licensed. Operating without a licence is not a grey area.
- The Code of Conduct requires compliance with all applicable laws, confidentiality, and equal treatment. It is not aspirational language; it is enforceable.
- No holding out as police. No badge or symbol of authority. No “detective” or “private detective.”
- Penalties have teeth. Breaches can reach $25,000 and up to one year of imprisonment.
That is the regime we already work within. Our Covert Surveillance page goes through the day-to-day boundaries: lawful surveillance, no trespass, and one-party consent recording under Criminal Code s.184.
Why is a modernized PSISA good for clients?
We say this without defensiveness: we want the regulation of our own industry to be stronger, not weaker.
A licence should be a meaningful credential. When definitions are current, oversight is real, and the line between private security and police is unmistakable, the whole profession is raised to the standard that credible firms already hold themselves to. For a client, that translates into something concrete:
- The investigator you hire is licensed, accountable, and operating within defined limits.
- The evidence produced is more credible and harder to challenge, because it was gathered by someone bound by clear, enforced rules.
- Bad actors have less room to operate under a strengthened Registrar and tighter conduct standards.
Professionalized regulation rewards firms that already do the work lawfully and transparently. That is the direction this review points, and we support it. When the industry’s floor rises, clients get better outcomes and more defensible results.
What should you do while the review is ongoing?
Nothing about your rights or obligations has changed yet. If you are engaging a private investigator in Ontario today, the practical guidance is the same as it has always been:
- Confirm the firm and its investigators are licensed under PSISA.
- Expect lawful methods: no trespass, one-party consent recording, and evidence handled to a documented standard.
- Watch this space. When the review produces enacted legislation or regulation, the specifics (definitions, uniform and vehicle rules, reporting duties, and Registrar powers) will be set out formally, with effective dates.
Ontario legal context
Private investigators and security guards in Ontario are licensed and regulated by the Ministry of the Solicitor General through the Private Security and Investigative Services Board (PSISB), under the Private Security and Investigative Services Act, 2005 and O. Reg 363/07, the Code of Conduct. Investigative practice also operates within the privacy expectations of PIPEDA and the criminal law, including one-party consent for recordings under Criminal Code s.184. The 2025-2026 modernization is, as of mid-2026, a review and consultation with proposed changes; it is not enacted law, and the current framework continues to govern. Any changes to definitions, oversight, uniform and vehicle standards, or Registrar authority will take effect only if and when they are formally enacted.
Not legal advice
This article is general information about investigative practice in Ontario, not legal advice. Laws change and every situation is different. For advice about your specific circumstances, consult a licensed Ontario lawyer or contact a licensed investigator directly.
Frequently asked questions
Has Ontario’s private investigator law actually changed in 2026?
No. As of mid-2026 this is a review and public consultation with proposed changes, not enacted law. The Ministry of the Solicitor General ran a consultation on modernizing the Private Security and Investigative Services Act, 2005 (PSISA), with submissions open until January 21, 2026. That window is now closed and the review is ongoing. The current governing law remains PSISA 2005 and O. Reg 363/07, the Code of Conduct.
What is the PSISA review looking at?
The review examines whether the definitions of “private investigator” and “security guard” still make sense, whether more types of security work should fall under PSISA, how to strengthen oversight and use-of-force accountability, and whether to give the provincial Registrar more enforcement discretion. Proposed regulatory changes include enhanced use-of-force reporting and updated uniform and vehicle requirements so security personnel are more clearly distinguishable from police.
Can private investigators in Ontario call themselves detectives or wear a badge?
No, and that is already the law. Under the current PSISA framework, private investigators cannot hold themselves out as police, cannot wear a badge or symbol of authority, and cannot use the titles “detective” or “private detective.” The proposed modernization would reinforce the public and police distinction further, but the prohibition itself is long-standing.
What are the penalties for breaking PSISA?
Penalties under the current PSISA framework can reach $25,000 and up to one year of imprisonment. The Code of Conduct also requires compliance with all applicable laws, confidentiality, and equal treatment, and breaches can affect licensing. The review is considering giving the Registrar more enforcement authority and discretion.
Why is professionalized regulation good for clients?
Clearer rules, stronger oversight, and a sharper distinction between private security and police protect the public and raise the floor for the whole industry. For clients, it means the investigator they hire is licensed, accountable, and operating within defined limits, which makes the resulting evidence more credible and less likely to be challenged. Tighter regulation rewards firms that already do the work lawfully.