O. Reg. 477/21: EXEMPTIONS

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ontario regulation 477/21

made under the

Police Record Checks Reform Act, 2015

Made: June 4, 2021
Filed: June 17, 2021
Published on e-Laws: June 17, 2021
Printed in The Ontario Gazette: July 3, 2021

Amending O. Reg. 347/18

(EXEMPTIONS)

1. Ontario Regulation 347/18 is amended by adding the following sections immediately before the heading “Exemptions from Entire Act”:

Interpretation

Definitions

0.1 In this Regulation,

“mental health contact information” means non-criminal information held by a police service that relates to the actual, alleged or perceived mental health or addictions issues of an individual; (“renseignements sur toute prise de contact liée à la santé mentale”)

“street check information” means non-criminal information held by a police service that is gathered when a police officer asks an individual for identifying information when the officer is inquiring into offences that have been or might be committed, inquiring into suspicious activities to detect offences or gathering information for intelligence purposes, and includes information relating to current or historical carding activity in accordance with Ontario Regulation 58/16 (Collection of Identifying Information in Certain Circumstances — Prohibition and Duties) made under the Police Services Act; (“renseignements sur les contrôles de routine”)

“victim information” means non-criminal information held by a police service that has been gathered about an individual when the individual has been, or has been alleged to have been, a victim of a crime. (“renseignements sur une victime”)

Conditions of Disclosure

Consent of individual

0.2 A police service shall not conduct a police record check pursuant to an exemption set out in sections 1 to 19 in respect of an individual unless the request for the performance of a police record check contains the individual’s written consent.

Restricting information

0.3 (1) A police service performing a police record check pursuant to an exemption set out in sections 1 to 19 may not disclose any information other than,

(a)  information listed in connection with a type of police record check set out in the Schedule to the Act; and

(b)  subject to subsection (2), information that represents a public safety concern.

(2) The chief of police or designate may not disclose information that indicates a public safety concern unless the information is limited to what is necessary for that purpose and the chief or designate reasonably believes the information revealed during the police record check,

(a)  raises clear public safety concerns;

(b)  is recent or has occurred with enough frequency to raise ongoing public safety concerns;

(c)  is directly relevant to the position that the individual is being screened for; and

(d)  is based on reliable sources.

(3) Subject to subsection (4), a police service shall not release the following types of information unless the chief of police or designate reasonably believes that the information satisfies the requirements set out in clauses (2) (a) to (d):

1.  Mental health contact information.

2.  Street check information.

3.  Victim information.

(4) A police service shall not disclose,

(a)  mental health contact information or street check information for checks performed under sections 9, 10 and 12; or

(b)  mental health contact information, street check information or victim information for checks performed under section 19.

Disclosure, corrections and reconsideration

0.4 (1) A police service shall provide disclosure of the results of a police record check to the individual who is the subject of the request upon the individual’s request unless the police service,

(a)  may withhold this information from disclosure in accordance with an exemption set out in,

(i)  section 14 of the Freedom of Information and Protection of Privacy Act, or

(ii)  section 8 of the Municipal Freedom of Information and Protection of Privacy Act; or

(b)  is prohibited from disclosing the information under Part VI of the Youth Criminal Justice Act (Canada).

(2) Every police service shall create and implement a process to respond to requests to correct information from individuals who have received information under subsection (1) and who believe there is an error or omission in that information.

(3) Every police service shall create and implement a process to respond to requests from individuals who have received information under subsection (1) and who believe the chief of police or designate should reconsider the information disclosed as part of a police record check.

(4) Information shall not be disclosed under section 0.3 if, after a reconsideration, the police service determines the information may not be disclosed under section 0.3.

Conditions

0.5 It is a condition of every exemption under this Regulation that the police service shall,

(a)  prepare and maintain the statistical information required by the Minister in connection with police record check requests and shall provide that information to the Minister on request; and

(b)  comply with any directives issued by the Minister in relation to the Act.

2. (1) Subparagraph 1 ii of section 4 of the Regulation is revoked.

(2) Paragraph 6 of section 4 of the Regulation is amended by striking out “on probation or parole”.

(3) Paragraphs 7 and 8 of section 4 of the Regulation are revoked.

3. Paragraph 1 of section 5 of the Regulation is amended by adding the following subparagraph:

viii.  Any employee or any other person who has access to the Ontario Major Case Management Manual and software, as outlined in Ontario Regulation 354/04 (Major Case Management) made under the Police Services Act.

4. (1) Paragraph 1 of section 6 of the Regulation is amended by adding “or the Director of Criminal Intelligence Service Ontario” after “Provincial Security Advisor for Ontario”.

(2) Paragraph 2 of section 6 of the Regulation is amended by adding “or the Director of Criminal Intelligence Service Ontario” after “Provincial Security Advisor for Ontario”.

(3) Paragraph 3 of section 6 of the Regulation is amended by striking out “Provincial Security Advisor in the Ministry of Community Safety and Correctional Services” and substituting “Provincial Security Advisor or Criminal Intelligence Service Ontario in the Ministry of the Solicitor General”.

5. Section 8 of the Regulation is amended by adding “and the searches are required by any entity that is providing access to information or data, or the person will have indirect access to information which would otherwise be protected by an entity” at the end of the portion before paragraph 1.

6. Section 9 of the Regulation is amended by adding the following subsection:

(2) For searches conducted in relation to the Ontario Special Investigations Unit, a police service shall not release mental health contact information or street check information.

7. Section 10 of the Regulation is amended by adding the following subsection:

(2) For searches conducted in relation to the Independent Police Review Director, a police service shall not release mental health contact information or street check information.

8. Section 11 of the Regulation is revoked.

9. Section 12 of the Regulation is amended by adding the following subsection:

(2) For searches conducted in relation to the alcohol, cannabis and gaming sector, a police service shall not release mental health contact information or street check information.

10. (1) Subparagraph 1 i of subsection 13 (1) of the Regulation is revoked.

(2) Paragraph 3 of subsection 13 (1) of the Regulation is amended by,

(a)  striking out “the Office of the Public Guardian and Trustee or”; and

(b)  striking out “the Public Guardian and Trustee or of”.

(3) Paragraphs 5 to 7 of subsection 13 (1) of the Regulation are revoked.

(4) Section 13 of the Regulation is amended by adding the following subsection:

(3) For searches for the purposes of screening under subsection (1), the screening information is limited to persons that will have direct, in-person contact with children or other vulnerable persons within the context of their duties.

11. Sections 14 and 15 of the Regulation are revoked.

12. Section 17 of the Regulation is amended by adding “and where the person will have direct, in-person contact with children or other vulnerable persons within the context of their duties” at the end of the portion before paragraph 1.

13. Section 18 of the Regulation is amended by striking out “paragraph 9 of subsection 2 (2)” in the portion before paragraph 1 and substituting “section 12”.

14. (1) Subsection 19 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Schools and child care providers

(1) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of searches for the purposes of,

. . . . .

(2) Subsection 19 (1) of the Regulation is amended by adding the following clauses:

(f.1)  screening a person who is being considered for any other position where they will have direct, in-person access to children or other vulnerable persons within the context of their duties;

(f.2)  screening a person who holds a position referred to in clause (f.1) in order to determine the suitability of the person continuing to hold the position;

(3) Section 19 of the Regulation is amended by adding the following subsections:

(1.1) For greater certainty, searches for the purposes of screening under subsection (1) shall be limited to the following information a police service may have possession of:

1.  Outstanding restraining orders, including family court restraining orders, under the Child Youth and Family Services Act, 2017.

2.  Provincial charges and convictions under the Child Youth and Family Services Act, 2017.

3.  Provincial charges and convictions under the Child Care and Early Years Act, 2014.

4.  Provincial charges and convictions under the Highway Traffic Act.

(1.2) For searches conducted in relation to schools and child care providers, a police service shall not release mental health contact information, street check information or victim information.

15. Section 22 of the Regulation is revoked.

16. Subsection 23 (3) of the Regulation is revoked.

Commencement

17. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2021 and the day it is filed.

(2) Sections 15 and 16 come into force on the day this Regulation is filed.

 

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