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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.