Rings Etc. Jewellers owner Stan Wise examines jewellery brought in from a Montreal company.
Following the lead of other Canadian cities, second-hand stores are no longer required to gather information on sellers for the City of Ottawa.
Last month, Ottawa city council passed amendments to second-hand store bylaws in order to adhere to an order put out by the Information Privacy Commissioner of Ontario.
The commissioner found that certain bylaws breached a municipal privacy act.
Ottawa’s bylaws pertaining to pawn shops used to require store owners to ask for photo identification.
Shop owners can still ask for this information, but only for their own businesses purposes.
The city’s motion called for “deletion of the offending provisions” and instructed that any previous information collected and stored by the city must be destroyed.
Some Ottawa businesses say they will continue to collect the information, regardless of what new bylaws say.
Stan Wise wears three large, sparkling rings on his fingers. They are all items that have been brought in second-hand to his Centretown store, Rings Etc. Jewellers. He has run his Bank Street business for 32 years.
Wise not only requires two pieces of identification from anyone selling him goods, but he also photocopies a piece of photo identification to keep for his records.
“It’s for our own protection, and most people aren’t concerned,” he said. “What have they got to hide?”
What sellers have to hide is exactly what the city was trying to find out when they enacted the original bylaws.
Valerie Bietlot, legal counsel for the city, has worked closely with these bylaw changes. She said that the original thinking by the city was that the collection of personal information in pawn shops would be helpful to police investigations.
“I believe there was also the thinking, that collection of personal information would be a bit of a deterrent for people who might otherwise approach the pawn shops with stolen goods,” Bietlot said.
No matter what the city’s intent was, Ontario’s privacy commissioner, Ann Cavoukian, received complaints from Ottawa residents about the collection of personal information by pawn shops. These complaints prompted her original investigation, according to Bob Spence of the commissioner’s office.
“The commissioner did an investigation on the impact of the bylaws and then issued an order,” Spence said.
He also pointed out that Ottawa is the second Ontario city to be asked to make such changes. Oshawa was also required to modify their bylaws and to delete any files collected from second-hand stores.
The City of Ottawa decided to comply with the commissioner’s order rather than filing an application for judicial review, Bietlot said.
However, some fear that with the deterrent for the sale of stolen goods removed, pawn shops and second-hand stores will see more pilfered property coming their way.
“How do I know if something is stolen?” Wise asked. “All I can do is protect myself.”
Wise said he still collects information because he knows what the law says about being in possession of stolen goods.
“If they find something, they charge you,” he said.
Therefore, Wise keeps a record of what he buys and who he buys it from. He said this way if there is an investigation, he will be able to help the police.
But, these changes mean the police will no longer have immediate access to the information collected in pawn shops and second-hand stores.
Gary Meehan, a criminal investigation inspector, said the bylaw changes will mean more work for the Ottawa Police.
“What it will require is more effort on our part to go into the pawn shops and second-hand goods stores and have conversations with the owners,” Meehan said. “Let’s be clear, the owners of these stores certainly don’t want to be in a position where they are handling stolen property.”
This is exactly why Wise will continue collecting information.
“It is for our protection and the protection of our customers,” he said. “Really, it’s our choice".