What employers should know about conducting police record checks

The Police Record Checks Reform Act, 2015 standardized police record checks in Ontario as of November 1^st 2018. Ontario Employers who conduct police record checks in regards to hiring employees or other purposes must know the requirements of this new legislation:

Consent is required at two stages from the individual. The individual must give written consent as followed:

1. Consent to conduct the check: the individual must consent to the specific type of police record check that will be conducted
2. Consent to disclose the results: after the results of the police record check are received, the individual must consent to the police check provider to providing a copy of the results to the organization or person requesting the check.

When consent has been given from the individual, Ontario’s Police Services will provide three types of police record checks:

1. Criminal record check
2. Criminal record and judicial matters check
3. Vulnerable sector check

Restrictions on disclosure: the organization or person performing the police record check may not disclose information provided in the check except for its purpose as requested/authorized by law.

If certain sections of the Police Record Checks Reform Act, 2015 are willfully contravened by an organization or person, they can be liable for a fine up to $5000.

Employers who conduct police record checks must ensure that their policies and procedures for doing so are in alignment with the Police Record Checks Reform Act, 2015 to avoid penalty and maintain compliance.

For more detail on the type of information that can be disclosed with the three types of police record checks, more information on restrictions and best practices for employers, visit: https://www.labourandemploymentlaw.com/2018/10/conducting-a-police-record-check-what-you-need-to-know-for-november-1/#more-3341

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