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ontario regulation 454/18

made under the

Police Record Checks Reform Act, 2015

Made: October 17, 2018
Filed: October 24, 2018
Published on e-Laws: October 24, 2018
Printed in The Ontario Gazette: November 10, 2018

Amending O. Reg. 347/18

(EXEMPTIONS)

1. The French version of the following provisions of Ontario Regulation 347/18 is amended by striking out “vérification de dossiers de police” wherever it appears and substituting in each case “vérification de dossier de police”:

1. Subsection 19 (1), in the portion before clause (a).

2. Subsection 21 (2), in the portion before clause (a), and clauses (a) and (c).

3. Subsection 21 (3), in the portion before clause (a), and clauses (a) and (c).

2. Section 5 of the Regulation is revoked and the following substituted:

Police services

5. (1) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches:

1. A search for the purposes of screening a person who is being considered for any of the following positions, in order to determine the person’s suitability for the position:

i. A member of a police service.

ii. An employee of a police service board in a position other than as a member of a police service.

iii. An auxiliary member of a police service appointed under section 122 of the Police Services Act, 2018 or a volunteer providing services to a police service.

iv. An appointment as a member of a police service board.

v. An appointment as a special constable under section 123 of the Police Services Act, 2018.

vi. An appointment as a First Nation Officer under section 132 of the Police Services Act, 2018.

vii. A position as an employee or volunteer working for an entity that employs First Nation Officers if the position supports or otherwise relates to the provision of policing.

2. A search for the purposes of screening a person who holds a position referred to in paragraph 1 in order to determine the suitability of the person continuing to hold the position.

3. A search for the purposes of screening a person in order to determine if the person is suitable to be awarded a contract to provide goods or services to a police service board or to an entity that employs First Nation Officers, or to determine the suitability of any of the prospective contractor’s employees, if the contract would provide the prospective contractor or employee with,

i. access to information related to the administration of justice which, if mishandled, could be used to significantly jeopardize the safety of an individual,

ii. access to information which, if mishandled, could be used to undermine the administration of justice,

iii. access to facilities or assets if the mishandling of such access could,

A. significantly jeopardize the safety of an individual or the security of the facility or assets, or

B. be used to undermine the administration of justice, or

iv. access to systems or procedures established to protect items or information if the mishandling of such access could,

A. significantly jeopardize the safety of an individual or the security of the items or information, or

B. be used to undermine the administration of justice.

4. Where a person has been awarded a contract described in paragraph 3, a search for the purposes of screening the person, or any of the person’s employees, in order to determine the suitability of the person or employee continuing to provide goods or services under the contract.

(2) In subsection (1),

“member of a police service” means a member of a police service as defined in subsection 2 (1) of the Police Services Act, 2018; (“membre d’un service de police”)

“police service” means as police service as defined in subsection 2 (1) of the Police Services Act, 2018; (“service de police”)

“police service board” means a police service board as defined in subsection 2 (1) of the Police Services Act, 2018. (“commission de service de police”)

3. (1) Paragraph 1 of section 18 of the Regulation is amended by striking out “the Superintendent of Financial Services” and substituting “the Chief Executive Officer”.

(2) Paragraph 3 of section 18 of the Regulation is revoked and the following substituted:

3. A criminal record and judicial matters check requested by the Chief Executive Officer for the purposes of screening the director of a credit union in order to determine the suitability of the director to hold office where the Chief Executive Officer is considering making an order removing the director from office under subsection 101 (1) of the Credit Unions and Caisses Populaires Act, 1994.

4. Subsection 19 (1) of the Regulation is amended by striking out “or” at the end of clause (f), by adding “or” at the end of clause (g) and by adding the following clause:

(h) complying with a requirement in Ontario Regulation 137/15 (General) made under the  Child Care and Early Years Act, 2014 to obtain a police record check, including a vulnerable sector check.

5. (1) The Regulation is amended by adding the following section:

Exemption, certain police record checks

21.1 (1) A police record check provider is exempt from section 12 of the Act with respect to a police record check if,

(a) the check is a criminal record check or a criminal record and judicial matters check;

(b) the individual who is subject of the check declares his or her Canadian criminal conviction history to the provider for the purpose of obtaining the check;

(c) before conducting the check, the provider obtains the written consent of the individual to,

(i) conduct a criminal record check or a criminal record and judicial matters check, whichever is being conducted, and

(ii) disclose the results of the check to,

(A) the individual,

(B) a specified person or organization, or

(C) a specified third party entity who may disclose the results to a specified person or organization;

(d) a member of a police force uses the self-declaration described in clause (b) to assess,

(i) whether the conviction information in the self-declaration matches the individual’s conviction records in a police database maintained by a police force in Canada, and

(ii) in the case of a criminal record and judicial matters check, whether a police database maintained by a police force in Canada contains records for the individual, other than conviction records, that the Schedule to the Act would permit to be disclosed in a criminal record and judicial matters check;

(e) after determining whether there is a match, a member of the police force discloses the information described in clause (f) and, if applicable, in clause (g) to whichever person or entity was specified in the individual’s consent;

(f) the following information is disclosed as a result of the criminal record check or criminal record and judicial matters check:

(i) if there is a match between the individual’s self-declaration of no criminal convictions and the conviction records, the fact that there is a match with no criminal convictions is disclosed,

(ii) if there is a match between the individual’s self-declaration of criminal convictions and the conviction records, the fact that there is a match with criminal convictions and a copy of the individual’s self-declaration is disclosed,

(iii) if the individual’s self-declaration and the conviction records do not match or if it is otherwise not possible to complete the check, the fact that it is not possible to complete the criminal record check is disclosed;

(g) in the case of a criminal record and judicial matters check, the following additional information is disclosed:

(i) if no records described in subclause (d) (ii) were found, the fact that there is a clear result for judicial matters is disclosed,

(ii) if any records described in subclause (d) (ii) were found, the fact that there is not a clear result for judicial matters is disclosed; and

(h) if information is disclosed under clause (e) to a third party entity, the third party entity provides a copy of the disclosed information to the individual on his or her request.

(2) Every third party entity that receives information under subsection (1) shall ensure that the information is not used or disclosed except for the purpose for which it was requested or as authorized by law.

(3) In this section,

“conviction records”, in respect of an individual, means any information relating to a criminal offence of which the individual has been convicted, and for which a pardon has not been issued or granted, that the Schedule to the Act would permit to be disclosed in a criminal records check.

(2) Section 21.1 of the Regulation, as made by subsection (1), is amended by striking out “police force” wherever it appears and substituting in each case “police service”.

Commencement

6. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on the later of the day clause 22 (1) (a) of the Act comes into force and the day this Regulation is filed.

(2) Section 2 and subsection 5 (2) come into force on the later of,

(a) the day clause 22 (1) (a) of the Act comes into force;

(b) the day section 212 of Schedule 1 to the Safer Ontario Act, 2018 comes into force; and

(c) the day this Regulation is filed.

(3) Subsection 3 (1) comes into force on the later of the day section 22 of Schedule 13 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force and the day this Regulation is filed.

(4) Subsection 3 (2) comes into force on the later of the day section 5 of Schedule 7 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force and the day this Regulation is filed.

 

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