New limitations on criminal record information provided to employers – By Margaret R. Truesdale, Research Director<\/p>\n
On December 1, 2015, the Ontario legislature passed the Police Record Check Reform Act, 2015<\/em> (the \u201cAct\u201d).\u00a0 When the Act comes into effect, it will limit the amount of information employers, volunteer organizations, licencing bodies and others will be entitled to access about an individual\u2019s interactions with police.<\/p>\n The Act is a response to lobbying by civil liberties groups which criticized the extensive information that was often revealed to potential employers, voluntary organizations or licencing groups when a police records check was requested.\u00a0 In some cases potential employers or voluntary organizations were provided with information about acquittals, withdrawn charges, mental health information and even information about the individual being a complainant or witness. There was a large variation in practices about what would be revealed by different police services, and no standard opportunity for an individual to dispute the information disclosed.\u00a0 The Act is meant to regulate and standardize the approach to police record checks.<\/p>\n Types of records outlined in Act<\/em><\/strong><\/p>\n The Act outlines three types of police checks:<\/p>\n The Act then controls the type of information that may be released with respect to each type of check.\u00a0 A police service or other entity providing record checks may only release information in conformity with the provisions of the Act.<\/p>\n Criminal record check<\/em><\/strong><\/p>\n In the context of a criminal record check, information may be released with respect to criminal convictions for which no pardon has been granted (but information about a summary conviction may not be released after 5 years), and a finding of guilt under the Youth Criminal Justice Act<\/em> (but only during the applicable access period in the Youth Criminal Justice Act<\/em>).\u00a0 Information about convictions for which a pardon has been granted may only be disclosed in compliance with the Criminal Records Act<\/em>.<\/p>\n Criminal record and judicial matters check<\/em><\/strong><\/p>\n In the context of a criminal record and judicial matters check, it is permissible to release the same information released in a criminal record check, as well as information about absolute discharges (but not after more than one year), conditional discharges (but not after more than three years), arrest warrants for criminal offences, and court orders (but not Mental Health Act<\/em> orders, orders under Part XX.1 of the Criminal Code<\/em> (mental disorder provisions), orders relating to withdrawn charges, or orders under the Family Law Act<\/em>, the Children\u2019s Law Reform Act<\/em> or the Child and Family Services Act<\/em>).<\/p>\n Vulnerable sector check<\/em><\/strong><\/p>\n In the context of a vulnerable sector check, it is permissible to release the same information as in a criminal record and judicial matters check.\u00a0 In addition, information related to findings of not criminally responsible will be disclosed (but not after 5 years). \u00a0Non-conviction information authorized by section 10 of the Act will be disclosed in exceptional circumstances.<\/p>\n Exceptional circumstances for non-conviction disclosure<\/em><\/strong><\/p>\n To disclose non-conviction information, all the following criterial must be met:<\/p>\n Individuals receive disclosure first<\/em><\/strong><\/p>\n Before the results of a police record check are disclosed to a third party, they must be disclosed to the subject individual.<\/p>\n Corrections<\/em><\/strong><\/p>\n Every police record checker must establish a process to deal with claims of errors and\/or omissions.<\/p>\n Offence<\/em><\/strong><\/p>\n The Act creates an offence for wilful contravention of the Act, but ministerial consent is required to commence a prosecution.<\/p>\n Effect of the Act<\/em><\/strong><\/p>\n When the Act is brought into force, it should bring clarity to the vexing question of what interactions may be disclosed to employers, voluntary organizations and licencing groups.\u00a0 It will also provide time limits on how long summary conviction matters and absolute and conditional discharges may be disclosed.\u00a0 Very strict conditions will attach to the disclosure of non-conviction information in the context of vulnerable sector checks.<\/p>\n The Act is clearly an attempt to balance the need for employers and others to know about an individual\u2019s background, and the interest of an individual to move on with their life without the stigma of interactions with the criminal justice system following them forever.<\/p>\n\n
\n
\n