ADMINISTRATIONPOLICY # ADM/1.01EFFECTIVE:
2021-JUN-16

PURPOSE:

This policy was developed to address complaints received from members of the public against employees, managers, directors, and volunteers licensed under the Alberta Security Services and Investigators Act (the “Act”.)

STATEMENT:

DMC Global Services Group Inc. will thoroughly investigate all complaints received from members of the public related to conduct or compliance made against any employee, manager, director, or volunteer.

ELEMENTS:

1.0 PUBLIC COMPANINTS REQUIRING INVESTIGATION

1.1 Complaints against individual licensees must be made in writing to the licensee’s employer within ninety (90) days of the action or circumstances that prompted the complaint.

If a complainant is unable to provide a written document due to a valid reason such as language barrier or disability, an employee or manager shall take the necessary steps to have the complaint recorded in writing on behalf of the complainant.  The complainant must sign the written complaint.

1.2 Within thirty (30) days of receiving the complaint the employer must acknowledge receipt, in writing to the complainant (as per section 26 of the Security Services and Investigators Ministerial Regulation).

1.3 In acknowledging the complaint, the employer must notify the licensed employee who is subject of the complaint.

The employer may delay notification to the employee under the following circumstances.  In the case where it is uncertain as to the appropriateness of informing the licensee about a complaint, the Registrar, should be consulted.

  • The complainant may be placed in danger.
  • The complainant may face other inappropriate action by the licensed employee should the licensed employee be informed.
  • The notification may impede the gathering of evidence during an internal investigation.
  • A reasonable likelihood exists that the complaint may lead to charges under federal or provincial legislation and that notification could impede any resulting police or other investigative agency investigation.
  • Any other situation identified by the employer or Registrar in which it may be appropriate to delay informing the licensed employee about the complaint.

1.4 The employer must, within ninety (90) days,

  • Investigate and dispose of the complaint (unless Section 3.0 applies), and
  • Notify the complainant, the licensed employee who is the subject of the complaint, and the Registrar (use Public Complaint Outcome Form PS3749), in writing, of the disposition of the complaint with reasons.

1.4.1 The letter of disposition must advise the complainant of their right to request a review of the outcome by the Registrar.  The letter must include the following:

  • If dissatisfied with the outcome of the company’s internal investigation the complainant may request a review of the disposition by the Registrar.
  • The request must be made in writing within thirty (30) days of receipt of the disposition.
  • Requests for review must be submitted to:
                        Complaints Coordinator, Security Programs
                        Justice and Solicitor General
                        9th Floor, 10365 – 97 Street
                        Edmonton, AB T5J 3W7
                        Fax: 780-427-4670

2.0 CRIMINAL MATTERS
Any investigation of criminal misconduct must be reported to the police service of jurisdiction for investigation.  Complaints the contain allegations of excessive force are considered to be criminal allegations.

2.1 Notified the police service of the allegation; and

Provided written notification to the complainant; and

Provided written notification to the Registrar that his action has occurred.

2.2 A concurrent internal investigation may proceed provided company employees interact/cooperate with the police service and take such steps that are necessary to avoid contaminating the criminal investigation.  If a concurrent investigation is conducted it must be completed within ninety (90) days as per section 25(4) of the Act and the outcome report as per section 1.0 of this policy.

2.3 The subject of the complaint in a criminal misconduct matter will be placed on an operational suspension pending the outcome of the investigation.

3.0 COMPLAINTS NOT REQUIRING INVESTIGATION
The Act recognizes that some complaints will be made under circumstances in which an investigation is not required.

3.1 Under the following conditions, the company may choose not to investigate a complaint:

  • Employer uses an informal resolution process (see 3.4.1 below)
  • Employee no longer works for the employer.
  • Contact with the complainant after submission of the initial complaint cannot be made.  Documentation demonstrating efforts to contact the complaint muse be retained in the investigation file should the Registrar request evidence for review.
  • Anonymous complaints.
  • Frivolous: a complaint intended merely to harass or embarrass.
  • Vexatious: a complaint that has no basis in fact or reason, with its purpose to bother, annoy, and embarrass the individual or business licensee.
  • Bad Faith: filing a complaint with intentional dishonesty or with intent to mislead.
  • Having regard of all the circumstances, no investigation, in the option of the employer or Registrar, is deemed necessary.

3.2 Notification that investigation will not proceed
The employer must notify the complainant within ninety (90) days of receipt of the complaint that the matter will not be investigated, except where an informal resolution process is undertaken, the complainant cannot be contacted or the complaint is anonymous.

3.2.1 The letter must advise the complainant of their right to request a review of the outcome by the Registrar. The letter must indicate the following:

  • If dissatisfied with the outcome of the company’s internal investigation the complainant may request a review of the disposition by the Registrar.
  • The request must be made in writing within thirty (30) days of receipt of the disposition.
  • Requests for review must be submitted to:
                        Complaints Coordinator, Security Programs
                        Justice and Solicitor General
                        9th Floor, 10365 – 97 Street
                        Edmonton, AB T5J 3W7
                        Fax: 780-427-4670

3.3 Anonymous complaints
Anonymous complaints do not allow the employer or the Registrar to discharge required responsibilities and therefore they are not considered a complaint under the Act.
If the nature of an anonymous complaint is serious, the employer shall review the matter and consider what, if any further action should or can be taken.  In the event some element of substance to the allegation is uncovered, the employer must:

3.3.1 Within ninety (90) days,

  • Investigate and dispose of the complaint, and
  • Notify the Registrar in writing (use Public Complaint Outcome Form PS3749), of the disposition of the complaint with reasons.

3.4 Informal resolutions of complaints
Successful informal resolution allows an investigation to be discontinued.  If, in the employer’s opinion and having regard to all of the circumstances, no investigation is necessary, the employer may discontinue the investigation.

3.4.1 An informal complaint may be initiated by contacting the Director of Security and Investigations by email at DSI@dmcblobal.ca or through our office during business hours.

3.4.2 Upon successful resolution of complaint, document outcome and obtain the complainant’s signature, where possible, to show that a matter has been informally resolved. 
This would preclude the complainant from claiming duress or that they did not agree with the outcome.  Without clear documentation, complaints that are informally resolved by the employer may, in some circumstances, be eligible for review by the Registrar and subsequently the Director of Law Enforcement, Province of Alberta.

DEFINITIONS:

Operational Suspension – a person placed on operational suspension will not participate in any   operational business of the company.  An employee, manager, director or volunteer may be   placed into an administrative role while on operational suspension.

Registrar – an individual designated by the Alberta Minister of Justice and Solicitor General.

REFERENCES:

Security Services and Investigators Act (Alberta)

Security Services and Investigators Regulations (Alberta)

Security Services and Investigators (Ministerial) Regulation (Alberta)