Private Investigators in Ontario: What They Do and When They Are Used

Sara Santos-Vigneault
Mar 9
4 min read

Written by: Sara Santos-Vigneault

Date: March 9, 2026

Person in a leather jacket photographing with a Canon camera outdoors, focused on the lens. The mood is concentrated and attentive. — Photo by Clem Onojeghuo on Unsplash

Introduction

Private investigators are often misunderstood. Popular culture tends to portray them as shadowy figures conducting secret surveillance, but in reality,

Private investigators in Ontario are regulated and licensed within a defined legal framework. [1][2]

In legal and administrative proceedings, private investigators may be used to document facts, verify information, or locate individuals where reliable evidence is required. Their role is not to determine outcomes or replace the court process, but to collect information in a lawful and structured way. [1][2]

What Is a Private Investigator in Ontario?

In Ontario, private investigators are licensed under the Private Security and Investigative Services Act, 2005 (“PSISA”). The PSISA governs private investigators, security guards, and agencies that sell these services. [1]

Ontario’s licensing framework includes requirements relating to eligibility, mandatory training, testing, and ongoing compliance. Public licensing information is provided by the province through Ontario.ca. [2][3][4]

Private investigators are not law enforcement officers. They do not have police powers, cannot compel cooperation, and cannot expand their authority by virtue of being hired. Their work is limited to lawful observation, documentation, and fact-gathering. [1][2]

Who Can Hire a Private Investigator?

Private investigators may be retained by individuals and organizations for lawful purposes.

This may include:

Private individuals
Businesses and employers
Insurance companies
Lawyers
Licensed paralegals acting for clients

Ontario also regulates agencies that sell private investigator services, which must meet separate licensing requirements. [1][2]

Common Situations Where Private Investigators Are Used

Private investigators may be used in a variety of contexts where facts need to be documented or verified, such as:

Verifying residence or living arrangements
Documenting patterns of conduct observable from lawful public locations
Employment or workplace investigations
Insurance claim investigations
Locating individuals for legal or administrative purposes

In these contexts, investigators are generally engaged to verify or document facts, not to decide legal responsibility. [1][2]

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Use of Private Investigators in Legal Proceedings

Information gathered by a private investigator may be used in court or tribunal proceedings depending on relevance and how it was obtained.

Investigators may provide:

Written reports
Photographs or video taken from lawful locations
Testimony based on personal observations

Courts and tribunals assess investigative evidence as they do other evidence: by considering relevance, reliability, and whether it was obtained lawfully. [1][2]

Legal Limits on Private Investigations

Private investigators must operate within legal boundaries. A private investigator does not have authority to do something unlawful “because it’s an investigation.” [1][2]

Examples of important limits include:

No trespassing: entering onto private property without lawful permission can violate Ontario’s Trespass to Property Act. [7]
No impersonation of police or officials: falsely representing oneself as a peace officer or public officer is an offence under the Criminal Code. [5]
No harassment or intimidation: conduct that meets the legal definition of criminal harassment may engage the Criminal Code. [6]

Evidence obtained unlawfully may be challenged, and unlawful conduct can expose the investigator (and potentially others) to legal consequences. [1][2][5][6][7]

Investigative Evidence Before Courts and Tribunals

Investigative evidence is not automatically decisive. Even where an investigation is properly conducted, the weight given to that evidence depends on the full context of the case.

Tribunals may consider investigative evidence where relevant. For example, the Landlord and Tenant Board and the Human Rights Tribunal of Ontario publish public information about their processes and proceedings. [8][9]

The presence of investigative evidence does not guarantee any particular outcome.

Investigations as Part of a Broader Process

Private investigations are only one tool used in legal and administrative processes. They do not replace disclosure obligations, witness testimony, or adjudication by a court or tribunal.

Where used, investigative information forms part of a broader evidentiary record and may be accepted, rejected, or given limited weight depending on the issues and the proceeding.

Conclusion

Private investigators in Ontario operate within a regulated legal framework and are used in specific circumstances where factual information needs to be documented or verified. Their role is limited, structured, and governed by law. [1][2]

When used lawfully, investigative evidence may assist courts and tribunals in understanding the facts in dispute, but outcomes ultimately depend on the full record and the legal principles applied to it.