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Police Record Checks Reform Act

Posted by Megan Duffy

Dec 17th, 2018

Police Record Checks Reform Act

It’s safe to say that management around Ontario have been kept on their toes this year… jumping from one new piece of legislation to another, times have certainly been changing. Now, with the potential for Bill 148 to be scrapped entirely, who knows what 2019 will have in store for Ontario.

Shifting gears to a change that (hopefully) won’t be going anywhere, the Police Record Checks Reform Act, 2015. This Act was passed earlier this year and came into play November 1, 2018. Basically, this Act clarifies what can and cannot be disclosed when completing record checks, and ensures appropriate checks are being completed.

The act highlights three different types of police records checks:

Criminal records check. This check is for applicants who are seeking a position where a basic check is

requested. This check is not suitable for individuals working with vulnerable persons as a search of sex offenders with a record suspension is not included. An example of when this may be required is in a retail environment.

Criminal records check and judicial matters check. The most comprehensive of the three, this check is for applicants who are seeking a position with an organization which requires this check. This check is not suitable for individuals working with vulnerable persons as a search of sex offenders with a record suspension is not included. An example of when this may be required is in a border crossing position.

Vulnerable sector check. This check is for applicants who are seeking a position of authority or trust relative to vulnerable persons. An example of when this may be required is for a position that would involve working with children.

There is a schedule in the act which clearly highlights which information can be disclosed for each type of records check. If an organization has positions which require a police records check of any kind, they have the responsibility of disclosing what the check is for. In turn, officials will ensure that they disclose only the information that is absolutely necessary for the position.

To ensure your organization is using the appropriate screening methods for new hires, add Selectpath’s HR Connection to your pocket of resources.

To review the act, and the schedule of information that is disclosed with each record check type, check out:

https://www.ontario.ca/laws/statute/15p30

Police Record Checks Reform Act

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