The enactment of the Criminal Records Review Amendment Act effective November 30th 2013, will allow volunteer organizations in British Columbia such as local sports associations an easier way to obtain criminal record checks for coaches and officials. However, it is to be noted that opting into the program brings with it compliance obligations which the volunteer organization must ensure are met. A review of some of the key changes to the Act is summarized below, and in the attached Government bulletin.

The Criminal Records Review Act has been in place since 1996 and requires every employer in British Columbia to ensure that existing or new employees working with children or with vulnerable adults undergo a criminal record check. The criminal record check is performed through the government agency for a fee. The registrar notifies the employee and employer, as well as any governing body or educational institution involved, if a conviction or outstanding charge exists which presents a risk of physical or sexual abuse to children or vulnerable adults, or the risk of financial abuse to vulnerable adults. The employer is prohibited from hiring the employee for the job, or continuing to employ the employee, where the risk exists based on the outstanding charge or conviction. The criminal record check must be performed once every 5 years.

Effective November 30th, 2013 volunteer organizations will be able to opt into the program, and obtain criminal record checks of present or future volunteers without charge. An organization opting into the program must pay attention to the obligations which will arise from opting in.  Volunteer organizations will be required to ensure that: all existing and future volunteers undergo a criminal records check; the criminal record check is only conducted for volunteers working with children or with vulnerable adults; and, the applicant or volunteer is informed of the requirements of the Criminal Records Review Act. Volunteer youth sports organizations will want to ensure that, if opting into the program, a representative is assigned to ensure compliance with the legislation.

Volunteer organizations not automatically covered by the legislation may continue to conduct their own criminal record checks through their local police department where the organization determines that it does not want to opt into the program. Police criminal record checks are not a legislated requirement and may be conducted by the individual attending at the local police department, completing required paperwork and paying a fee. 

To view the Government bulletin referred to above, please click here.

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