In December 2015, the Ontario government gave Royal Assent to
the Police Record Checks Reform Act, 2015 (the
"Act"). The Act creates a new, uniform
regime for the use of police checks to screen individuals for
employment, volunteer assignments or other purposes.
The Act is intended to simplify, standardize and
correct problems with the current police record check system in
Ontario, where local, municipal or regional police services
establish their own protocols independently, resulting in
inconsistencies in both process and terminology.
Some highlights of the Act (and new system)
3 standardized types of police
criminal records checks;
criminal records and judicial matters
vulnerable sector checks
police checks are not permitted to be
conducted without the subject individual's prior consent to the
particular type of check
mandatory delivery of police check
results to the subject individual for review prior to subsequent
disclosure to any employer or other organization requesting the
check (such disclosure also/further requiring the individual's
restrictions on the release of mental
health information and "non-conviction" records, the
latter only to be disclosed in vulnerable sector checks where the
request meets the test for "exceptional disclosure"
authority for specified 3rd party
screening services to conduct certain types of police record
fines of up to $5000 for deliberate
contravention of the Act
Police record checks are an important tool used by employers in
screening candidates, particularly where the employment involves
young or otherwise vulnerable persons.
The Act will be proclaimed in force on a date that is
yet to be determined. For a closer look at the Act itself, please
follow this link..... Bill 113
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