O. Reg. 348/18: RECONSIDERATION NOTICE AND PROCESS - EXCEPTIONAL DISCLOSURE OF NON-CONVICTION INFORMATION

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Police Record Checks Reform Act, 2015

ONTARIO REGULATION 348/18

RECONSIDERATION NOTICE AND PROCESS - EXCEPTIONAL DISCLOSURE OF NON-CONVICTION INFORMATION

Consolidation Period: From March 25, 2024 to the e-Laws currency date.

Last amendment: 128/24.

Legislative History: 128/24.

This is the English version of a bilingual regulation.

Notice

1. If an individual’s own non-conviction information is disclosed to that individual, the record must include or have attached to it information about the reconsideration process, including,

(a)  how the process works;

(b)  how and when to make a request for reconsideration; and

(c)  how and when to make written submissions.

Making a request for reconsideration and submissions

2. (1) A request for reconsideration must be made in writing no later than 45 days after receiving the record unless, through no fault of their own, the individual was unable to make the request within that time period.

(2) A request for reconsideration may include written submissions in support of the request for reconsideration.

(3) For greater certainty, a request for reconsideration may be made by electronic means that comply with the Electronic Commerce Act, 2000.

Reconsideration

3. In reconsidering its determination, the police record check provider must,

(a)  apply the criteria set out in subsection 10 (2) of the Act;

(b)  consider entries in respect of the individual;

(c)  consider any written submissions from the individual; and

(d)  if the police record check provider is a member of a police force designated by a chief of police for the purposes of the Act, consult with at least three other members of the police force, including with at least one member who is senior to the police record check provider.

Note: On April 1, 2024, the day subsection 2 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force, clause 3 (d) of the Regulation is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: O. Reg. 128/24, s. 1)

Notification of decision

4. The police record check provider must notify the individual of the reconsideration decision in writing.

5. Omitted (provides for coming into force of provisions of this Regulation).

 

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