Overview

Prohibition based on past conduct

The CCEYA sets out that if a person is convicted of an offence under the CCEYA or convicted of certain offences under the federal Criminal Code (in other words, crimes), they are prohibited from providing child care or operating a premises where child care is provided.

Additionally, per paragraph 2 of subsection 9(1) of the CCEYA, anyone who has been found guilty of professional misconduct under the Early Childhood Educators Act, 2007, the Ontario College of Teachers Act, 1996, or the Social Work and Social Service Work Act, 1998, and as a result cannot practice their profession, is also prohibited from providing child care in the province. These three Acts established regulatory Colleges to oversee the specified profession.

Each of these professional Colleges have a public register of their current and past members. When reviewing someone’s application for a licence, the ministry will check to see if the person applying is on one of these registries and, if they are, they will look at the registry to see if there are any notes about professional misconduct. Similarly, when looking to hire new staff, licensees need to look up a person on these registries to see if they have been found guilty of professional misconduct.

The registries for these Colleges are available at these websites:

College of Early Childhood Educators Public Register 
Ontario College of Teachers Public Register (find a teacher) 
The Ontario College of Social Workers and Social Service Workers Online Register

Offence

It is an offence under the CCEYA to contravene or fail to comply with subsection 9 (1) or clause 9(3)(a) of the CCEYA, per paragraph 78(1)(4) of the CCEYA.

A person convicted of an offence under the CCEYA is liable to a fine of not more than $250,000, imprisonment for a term of not more than one year or both (per section 79 of the Act) and is prohibited from providing child care or operating a child care premises in Ontario at any time in the future (per subparagraph 9(1)(1)(i) of the Act).

Administrative penalty

Contravention of section 9 of the CCEYA may lead to an administrative penalty of $2,000. See section 78 and item 8 of Table 1 under this section.

The amount of the administrative penalty increases if the contravention is repeated in the next three years or if the contravention has been going on for two or more days in a row.

An administrative penalty can be up to $100,000.

Police record checks

A police record check (PRC), which is commonly referred to as a background check, is a search of police record-keeping systems on a person. These checks are often used as part of a screening process for people who want to work or volunteer somewhere or before an individual is planning to do an educational placement (for example, to fulfill a requirement of a college/university academic program).

In Canada, a PRC is a search conducted of the Canadian Police Information Centre databases or another police database maintained by a police service in Canada to determine whether the databases contain entries relating to an individual in order to screen the individual for criminal history.

A person needs to request a PRC from the police service that serves the community the person lives in. There are three types of police services:

  • a municipal police service or
  • a First Nations police service or
  • the Ontario Provincial Police (OPP) for people who live in an OPP-policed community – visit the Ontario Provincial Police - Police Record Checks (opp.ca) website to determine whether a person lives in an area of the province where they would need a PRC conducted by the OPP

In addition to federal laws that govern police records, the provincial Police Record Checks Reform Act, 2015(PRCRA) sets the standards that govern how PRCs are conducted in Ontario and what is included in the check.

Types of PRCs

The term police record check is an umbrella term which refers to different types of searches of police record-keeping systems. In Ontario, the PRCRA authorizes three different types of police record checks to be used for screening purposes:

  • Criminal Record Check (CRC): a basic type of police record check that is not intended for people who are seeking positions working with vulnerable personsfootnote 1. A criminal record check includes:
    • applicable convictions under the Criminal Code (Canada)
    • findings of guilt under the federal Youth Criminal Justice Act (Canada)
  • Criminal Record and Judicial Matters Check (CRJMC): a type of police record check that includes:
    • applicable convictions under the Criminal Code (Canada)
    • findings of guilt under the federal Youth Criminal Justice Act (Canada)
    • absolute and conditional discharges
    • outstanding charges, arrest warrants and certain judicial orders
  • Vulnerable Sector Check (VSC): an enhanced type of criminal record and judicial matters check for persons who may hold positions of trust or authority over vulnerable persons or persons who have vulnerable people depending on them
    • not criminally responsible due to mental disorder
    • record suspensions (pardons) related to sexually-based offences
    • in certain circumstances, non-conviction charges related information, when a strict test is met

Note that, in addition to the provincial PRCRA, VSCs are governed by section 6.3(3) of the Criminal Records Act (Canada).

For more information about PRCs, visit this Government of Ontario website.

Important information: it is the police service that ultimately determines what type of PRC they will conduct on a person.

Requirements around PRCs for licensed child care settings

Requirements related to screening/PRCs for licensed child care in Ontario are set out in both the CCEYA and O. Reg. 137/15 and address:

  • which requirements apply to various persons (for example, requirements for licensees are different than requirements for volunteers). Requirements may also be different depending on whether a person is going to be interacting with children
  • requirements about re-submitting certain information to the ministry and to licensees at certain time intervals
  • in addition to requirements around PRCs, requirements around offence declarations and attestations
  • limited exemptions from PRC requirements; the screening requirements under the CCEYA do not apply to the professionals listed in subsection 61.1(3)

Important information: requirements under the CCEYA around PRCs do not apply to Ministry of Education officials, staff of Children’s Aid Societies or government inspectors with a statutory right to enter a child care centre to carry out their duties (for example, inspectors looking at things related to the Building Code).

To whom a PRC is submitted

  • any PRC or other screening information required under the CCEYA for an applicant for a child care licence or an existing licensee needs to be submitted to the ministry via CCLS
  • any PRC or other screening information required under the CCEYA about a person other than a licensee or an applicant required under the CCEYA needs to be provided to the licensee

Content of PRCs

All PRCs in respect of licensed child care settings must be:

  • conducted by a municipal or First Nations police service or the OPP
  • legible (in other words, can be read)
  • complete (in other words, no information is missing or cut off)
  • unaltered
  • provided in English or French
  • inclusive of all required information about Criminal Code (Canada) convictions to verify compliance with paragraph 1 of subsection 9 (1) of the CCEYA

Persons who are 18 and 19 years old

The screening requirements under the CCEYA do not apply to people who are under 18 years of age, but it is important to note that there are requirements that apply when someone turns 18 years of age and a different set of requirements when someone turns 19 years of age.

Confidentiality and privacy

Information contained in an individual’s PRC is confidential. Licensees should take all appropriate steps to protect a person’s privacy when they are collecting, storing and accessing this information.

Cross-reference: licensees must have written policies and procedures that address screening of employees, students, and volunteers which must address, among other things, how the confidentiality of information contained in a VSC, offence declaration or attestation will be protected. See section 65.

Important information: Mandatory employer reporting obligations under sections 49.1 and 49.2 of the College of Early Childhood Educators Act, 2007

Per section 49.1 of the Early Childhood Educators Act, 2007, an employer of a member of the College who terminates the member’s employment, suspends the member or imposes restrictions on the member’s duties for reasons of professional misconduct must file with the Registrar within 30 days after the termination, suspension or restriction a written report setting out the reasons.

Per section 49.2 of the Early Childhood Educators Act, 2007, employers are required to report to the Registrar of the College of Early Childhood Educators when they become aware that a member of the College who is or has been employed by the employer has:

  • been charged with or convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors
  • been charged with or convicted of an offence under the Criminal Code (Canada) that, in the opinion of the employer, indicates that a child may be at risk of harm or injury
  • engaged in conduct or taken action that, in the opinion of the employer, should be reviewed by a committee of the College

For more information about employer reports, including information about timelines for reporting, refer directly to the Early Childhood Educators Act, 2007.

Definitions

Employees: any individual who is paid by the licensee to perform a duty or job in the child care program.

The following are examples of employees:

  • program staff and program support staff (whether or not they are counted towards child to staff ratios)
  • supervisors
  • human resources, finance and administrative support staff
  • kitchen staff, cooks, bus or other drivers directly employed by the licensee, cleaners/custodians
  • resource consultants directly employed by the licensee

Important information: parents taking the place of staff in a licensed child care program (for example, duty parents) are considered employees with respect to requirements around screening/police record checks under the CCEYA.

The following are examples of individuals who are not considered employees:

  • school employees (such as custodians and teachers), where the child care program is offered in a publicly-funded school or a private school, and the school staff do not partake in the child care program
  • individuals employed by an agency that is contracted by the licensee to provide a service in the child care program (for example, a resource consultant who comes into a licensed child care program once in a while to support children with special needs). These individuals are considered to be an “other person providing…other services to children at the child care centre” (see below for definition)
  • persons brought in on a temporary basis to work in the child care program who do not work directly for the licensee (for example, supply staff through a temporary employment agency). These individuals are considered to be an “other person providing…other services to children at the child care centre” (see below for definition)

Licensee: a person (which can be an individual, corporation, First Nation) who holds a licence issued under the Child Care and Early Years Act, 2014. Once a licence is issued, a licensee may operate a licensed child care program according to the terms set out in their licence and the requirements/rules set out in the CCEYA and its regulations.

Other Person Providing Child Care or Other Services to Children at the Child Care Centre: any person who provides child care or other services to a child who receives child care at the child care centre, other than an employee, student or volunteer. For example, this would include bus drivers contracted by the licensee through a third party, resource consultants employed by an entity other than the licensee, entertainers, sport/activity instructors and more).

True Copy: a photocopy or digital copy of an original document that is signed and dated by the individual who reviewed it, confirming that the original was reviewed and that the photocopy matches the original document. True copies may be kept in hardcopy or electronically.

There are situations where an individual may not have the original copy of their PRC because it was already provided to another person such as a previous employer. If this happens, a licensee has the option of creating and retaining a true copy of the individual’s original PRC to demonstrate compliance with the requirements set out under the CCEYA.

In the situation where an employee has obtained their VSC from a digital portal, the employee may download the file to provide their VSC to the licensee (for example, an email from employee sent to the licensee with the PRC attached or employee prints out a hard copy of the VSC and gives it to the licensee).

Volunteer: Any individual who is engaged in the child care program and interacts with children in care, but is not paid by the licensee, is considered a volunteer.

The following are examples of volunteers who require a vulnerable sector check:

  • parents assisting on an occasional or recurring basis with child care programming, such as excursions, field trips and more

The following are examples of individuals who are not considered volunteers:

  • parents who engage with their child and other children at arrival or pick up time in the program (for example, reading a book or having a conversation with children)
  • individuals who are paid by an organization that the licensee has contracted to provide a service and are not left alone with the children in care (for example, the licensee enters into a contract with a dance company that sends dance teachers to teach children in the program)
  • individuals from the community engaging in the child care for a specific event where they are not left alone with the children in care (for example, presentations by community organization or recreational programs, local librarian, fire service professionals)
  • parents attending a child care or school event and are not assisting with the care for or supervision of children

Part 9.1 Duty to Provide a Police Record Check – Applicants & Licensees

Child Care Early Years Act, 2014 ss. 35(1)

Ontario Regulation 137/15 s. 87

Intent

In a different section of the CCEYA (paragraph 1 of subsection 9(1)) there are rules that say if someone is found guilty of an offence under the CCEYA or certain crimes, they are not allowed to provide child care or operate a premises where child care is provided.

Subsection 35(1) is in place to give ministry officials the power to ask applicants, licensees and employees of a licensee or applicant to produce a police record check (PRC so that the ministry can check to see whether the person has been convicted of one of the crimes listed in paragraph 9(1)(1) under the CCEYA. This section is also in place to help the ministry determine whether a person is suitable to be a person who holds a child care licence.

Clarifying guidance

First time applicants for a child care licence

Child care licences can be issued to an individual, a corporation or a First Nation.

The CCEYA requires a police record check from all first time applicants for a child care licence.

The type of PRC required for an applicant is determined based on whether a specific person will be interacting with children.

If the applicant is an individual:

  • the individual is required to submit a police record check
  • if the applicant will be interacting with children, VSC that is no older than 6 months in original version or a true copy is required. The VSC needs to be redone before the 5 year anniversary of the initial VSC and submitted to the ministry
  • if the applicant will not be interacting with children, CRC that is no older than 6 months in original version or a true copy and written confirmation of non-interaction with children is required. The CRC needs to be redone before the 5 year anniversary of the initial CRC and submitted to the ministry

If the applicant is a corporation:

  • all directors and officers of the corporation, or, in the case of a multi-service agency (for example, a governing council or hospital), all of the persons responsible for the delivery and oversight of child care programs is required to submit a police record check
  • if the applicant will be interacting with children, VSC that is no older than 6 months in original version or a true copy is required. The VSC needs to be redone before the 5 year anniversary of the initial VSC and submitted to the ministry
  • if the applicant will not be interacting with children, CRC that is no older than 6 months in original version or a true copy and written confirmation of non-interaction with children is required. The CRC needs to be redone before the 5 year anniversary of the initial CRC and submitted to the ministry

If the applicant is First Nation:

  • the individual(s) responsible for the oversight of child care in their community is required to submit a police record check. This can be either Members of the Band or a person the Band designates to manage child care for the First Nation community (these persons are referred to as Child Care Managers in CCLS but may have other titles in the job descriptions such as administrators, supervisors and more)
  • if the applicant will be interacting with children, VSC that is no older than 6 months in original version or a true copy is required. The VSC needs to be redone before the 5 year anniversary of the initial VSC and submitted to the ministry
  • if the applicant will not be interacting with children, CRC that is no older than 6 months in original version or a true copy and written confirmation of non-interaction with children is required. The CRC needs to be redone before the 5 year anniversary of the initial CRC and submitted to the ministry

The written confirmation of non-interaction with children must include:

  • name(s) and signature(s) of the applicant, including, in the case of a corporation, all directors/officers of the corporation where applicable
  • a clear statement that the applicant will not be interacting with the children in the program
  • date the written confirmation was signed by the person the written confirmation is about

A template for this written confirmation is available in CCLS.

Exemption: the requirements to submit a PRC to the ministry do not apply to applicants for a child care licence that are school boards (as defined under the Education Act) or Consolidated Municipal Service Managers or District Social Services Administration Boards.

Existing licensees

New PRCs are required for licensees every five years and must be uploaded to CCLS prior to the five year anniversary of the current PRC on file.

If an existing licensee is a corporation and its directors/officers change

If the licensee is a corporation and the directors/officers change, PRCs must be proactively provided to the ministry (by uploading to CCLS) and made available for inspection for all new directors/officers.

If an existing licensee is a First Nation and its Members change

New PRCs are required for licensees every five years and must be made available for inspection by a ministry official.

  • if the licensee is a First Nation and the Members change, police record checks must be made available for inspection for all new Members of the First Nation
  • if there is a person the Band designates to manage child care for the First Nation community and that person is replaced by someone else, the new person needs to submit a PRC

Offence

It is an offence under the CCEYA to contravene or fail to comply with section 35 of the CCEYA, see paragraph 88.1[8] of the O. Reg. 137/15. 

A person convicted of an offence under the CCEYA is liable to a fine of not more than $250,000, imprisonment for a term of not more than one year or both (per section 79 of the Act) and is prohibited from providing child care or operating a child care premises in Ontario at any time in the future (per subparagraph 9(1)(1)(i) of the Act).

Administrative penalty

Contravention of section 35 of the CCEYA may lead to an administrative penalty of $2,000. See section 78 of O. Reg. 17/15 and item 15 of Table 1 under that section.

The amount of the administrative penalty increases if the contravention is repeated in the next three years or if the contravention has been going on for two or more days in a row.

An administrative penalty can be up to $100,000.

Important information: police record checks must never be mailed, faxed or emailed to the ministry as they contain sensitive and confidential information. There is only one acceptable way to provide the ministry with required screening information for licensees and applicants: through CCLS. Ministry officials have access to the CCLS and will review the information on CCLS.

Cross-references:

Where the licensee is a corporation, the CCEYA requires the licensee to notify a ministry director in writing within 15 calendar days of any change in the officers or directors of the corporation. See subsection 20(6) of the Act.

Under the CCEYA, if someone is found guilty of certain offences or has been found guilty of professional misconduct under select laws that oversee professions, they are not permitted to provide child care in the province in any capacity. See section 9 of the Act.

Part 9.2 Definitions and Duty to Obtain a VSC from employees, volunteers and students

Ontario Regulation 137/15 s. 59 and 60

Intent

Sections 59 and 60 are in place because doing a background check about any criminal activity committed by someone who wants to work, volunteer or do an educational placement in a child care centre helps to protect children from possible abuse and/or neglect. These kinds of screening requirements are in place for many different job settings and many professions. When a licensee has information about any criminal history of a person, it helps licensees determine if the person is suitable to work with children.

Clarifying guidance

Licensees must review VSCs provided by people who they are thinking of hiring, as well as potential volunteers and students to ensure that individuals have not been convicted of any of the offences listed in subsection 9(1)(1) of the CCEYA. If an individual has been convicted of these offences, they are not permitted to provide child care for children in either a paid or volunteer capacity in Ontario.

Licensees must also review membership status of individuals who are members of the College of Early Childhood Educators, Ontario College of Teachers and/or Ontario College of Social Workers and Social Service Workers, to ensure that the individual has not been found guilty of professional misconduct. This information is not available in a police record check.

Information about the registration of an early childhood educator, teacher or social worker/social services worker is available to the public at no cost at:

Important information: If a VSC comes back with a positive result that is something other than convictions for the offences listed in paragraph 9(1)(1) of the CCEYA, it is up to the licensee as to how to proceed. Licensees may want to assess whether the type and number of convictions that show up on the person’s VSC would make them unsuitable for working in the licensee’s child care program.

Employees

All potential employees of the licensee must submit a VSC to the licensee that is no older than 6 months prior to the person starting their job.

Volunteers and students

All volunteers and students who would be interacting with children if brought into a child care centre to volunteer or do an educational placement respectively must submit a VSC to the licensee before they start interacting with children at the child care centre.

VSC older than 6 months but less than 5 years old

If a prospective volunteer or student can only provide a VSC that is older than 6 months but less than 5 years old, the person must also provide an offence declaration to the licensee for the period of time that happened after the 6 month anniversary of the VSC being done up to the time it will be submitted to the licensee.

VSC older than 5 years old

Licensees cannot accept a VSC from a volunteer or student that is more than 5 years old. If this is the case, the person needs to get a new VSC from a police service and provide it to the licensee.

Example:

Leena is a 27 year-old student who will be doing an educational placement with the licensee beginning July 1, 2023. Leena has a VSC that was completed in March of 2019 from when she volunteered at a youth justice program.

As Leena’s VSC is older than 6 months but is less than 5 years old, Leena needs to provide an offence declaration to the licensee for the period of time between March 2019 and July 1, 2023, in addition to the VSC that was completed in March 2019.

Offence

It is an offence under the CCEYA to contravene or fail to comply with section 60 of the CCEYA, see paragraph 88.1[6] of the O. Reg. 137/15. 

A person convicted of an offence under the CCEYA is liable to a fine of not more than $250,000, imprisonment for a term of not more than one year or both (per section 79 of the Act) and is prohibited from providing child care or operating a child care premises in Ontario at any time in the future (per subparagraph 9(1)(1)(i) of the Act).

Administrative penalty

Contravention of section 60 of the CCEYA may lead to an administrative penalty of $1,000. See section 78 of O. Reg. 17/15 and item 3.1 of Table 2 under that section.

The amount of the administrative penalty increases if the contravention is repeated in the next three years or if the contravention has been going on for two or more days in a row.

An administrative penalty can be up to $100,000.

Required documentation

Licensees must use one of the following as documentation to meet vulnerable sector check requirements under section 60:

For employees, volunteers and students:

  • original vulnerable sector check (VSC)
  • true copy of a vulnerable sector check (in hard copy or digital format)

For volunteers and students only:

  • a copy of a vulnerable sector check for a volunteer or student (in hard copy such as a photocopy or digital format such as a scan or photograph)

VCS by type of position

Some vulnerable sector checks set out that they are intended for volunteer positions and are not applicable to individuals working with vulnerable persons in an employment position. In some areas of the province, a VSC for volunteers provides the same screening that a VSC for an employment position provides, while in other areas VSCs are specific to individual positions.

Where a PRC lists the individual’s position (for example, a VSC specifies it is for a volunteer position) and the position listed is different from the individual’s current position (for example, individual is now an employee at the agency who may interact with children), an indicator of compliance may be written evidence (such as email, fax and more) from the police service that conducted the check that the information in the VSC would be the same for both positions.

Licensees will need to check with their local police service on requirements pertaining to role-based VSCs and whether these can be accepted. Licensees are encouraged to obtain written documentation from the local police service and keep it on file for licensing purposes (in other words, for review by a ministry official).

Compliance Indicators

For Employees: see Manual subsection 9.2 for what type of documentation may be used and when a criminal record check may be accepted in the place of a vulnerable sector check.

  • a review of all vulnerable sector check documentation and/or offence declarations confirms that any individual providing child care and/or operating a child care centre has not been convicted of any offence set out under the CCEYA or prescribed by regulations.
  • a review of membership status of individuals who are members of the College of Early Childhood Educators, Ontario College of Teachers and/or Ontario College of Social Workers and Social Service Workers confirms that no individual has been found guilty of professional misconduct.
  • all employee files contain documentation that indicates a vulnerable sector check was conducted by a police service.
  • the documentation indicates the vulnerable sector check was conducted no more than:
    • 5 years before the date it was obtained/reviewed by the licensee 
      or
    • 6 months before the date it was obtained by the licensee
  • the documentation indicates the vulnerable sector check was obtained by the licensee

Volunteers and Students Who Interact with Children:

  • all volunteer and student files contain documentation that indicates a vulnerable sector check was conducted by a police service
  • the documentation indicates the vulnerable sector check was conducted no more than 5 years ago from the date it was obtained/reviewed by the licensee
  • where the vulnerable sector check was conducted more than 6 months before the date obtained by the licensee, there is an offence declaration on file, addressing the period since the vulnerable sector check was performed

Part 9.3 Prohibited disclosure of information in a VSC

Ontario Regulation 137/15 s. 64

Intent

Section 64 is in place because there are other laws that affect VSCs. This section addresses a situation where release of information contained in an individual’s vulnerable sector checks is prohibited under a law other than the CCEYA. Section 64 makes it so it is acceptable for the requirements of a vulnerable sector check under the CCEYA to be met with a different kind of PRC (namely a criminal record check or criminal record and judicial matters check) in these situations.

Clarifying guidance

Where a law prohibits the release (or disclosure) of the information in a VSC, the police service may issue a different kind of PRC instead. For these cases, the licensee must provide written evidence (such as an email, fax and more) to support they have tried to get confirmation from the police service that conducted the PRC that they will not issue a VSC for that individual. In this case, the licensee may use one of the following as documentation to meet vulnerable sector check requirements:

  • original criminal record check or a criminal record and judicial matters check or
  • true copy of a criminal record check or a criminal record and judicial matters check (in hard copy or digital format) or
  • a copy of a criminal record check or a criminal record and judicial matters check for a volunteer or student (in hard copy or digital format)

There are also situations where a polices service will not issue a VSC. Where a police service will not issue a vulnerable sector check (in other words, the police service will only issue a criminal record check or a criminal record and judicial matters check for a person), the licensee must provide written evidence that a VSC is not being done (in other words, anything that proves that the police are declining to do a VSC. This can be an email, fax and more from the police service) to show that the police service that conducted the check said that they will not issue a vulnerable sector check for that individual.

Compliance Indicators

Compliance with section 64 of the regulation is assessed as part of the licensee’s duty to obtain a police record check (see part 9.2 of the manual).

Part 9.4 Requirements when a VSC is not yet available

Ontario Regulation 137/15 ss. 61(1) and 62.1

Intent

Subsection 61(1) and section 62.1 are in place to acknowledge that it may take time for a VSC to be completed by giving the licensee the flexibility to make decisions related to staffing and the ability to meet required staff child ratios while, at the same time, ensuring that a VSC is being obtained. For example, a licensee may have an immediate staffing need to maintain operations but the licensee may not be able to immediately obtain a vulnerable sector check for the individual. Additional measures help to reduce risk where there is a gap between the hiring of an individual or the continuation of their employment or volunteer position and obtaining their vulnerable sector check.

Clarifying guidance

If it is taking some time to obtain a VSC for a person, licensees need to clearly set out what additional measures will be put in place in respect of the person waiting on their VSC if they are going to be coming into the child care program before the VSC has been provided.

Some examples of additional measures that the licensee may put in place to protect children who interact with the individual until the vulnerable sector check is obtained include:

  • never leaving the employee waiting on a VSC to be completed alone or unsupervised with children
  • obtaining an offence declaration from the individual (see manual part 9.7 for information on offence declarations)

Cross-references:

Licensees must have written policies and procedures that address screening of employees, students and volunteers which must address, among other things, the additional measures that will be put in place when a situation described in subsection 61(1) occurs to protect the children who interact with the person until the VSC is obtained. See section 65.

Licensees must implement and ensure that the written policies and procedures relating to screening of employees, volunteers and students required under section 65 are implemented for everyone at the centre/program and are monitored for compliance and contraventions. See section 6.1 of the regulation.

Licensees must ensure that every volunteer or student at their child care program is supervised by an employee at all times and is not permitted to be alone with any child who receives child care at the child care centre. See section 11.1 of the regulation.

International Students

A Canadian police service may not issue a police record check for an international student if they have not resided in Canada long enough. In these cases, a police record check (original or copy) conducted by a police service in the home country of the international student may be used to meet the requirement. Where the document from the home country is not in English or French, a certified translation of the document must also be provided. The police record check must have been conducted less than 5 years prior to the date obtained by the licensee.

Where the police record check was conducted more than 6 months before the date obtained by the licensee, the licensee must also obtain an offence declaration addressing the period since the date of the police record check and speaking to offences under the Criminal Code (Canada).

Where the international student needs time to obtain a police record check from their home country, the licensee may use O. Reg. 137/15 subsection 61(1) to permit the student to begin their placement before a police record check is obtained.

Some examples of documentation that the licensee may use to demonstrate that the international student has been required to obtain the police record check include:

  • written correspondence to the police service in the home country requesting a police record check
  • written correspondence to the Canadian Embassy where the student submitted a police record check as part of their visa application, requesting a copy of the police record check submitted
  • a ticket to the home country where the student must be physically present to obtain the police record check

Important information: The police record check from the international student’s home country may not be called or look the same as a criminal record check or a vulnerable sector check from Canada.

Best practices

Licensees are encouraged to document the rationale for permitting an individual to begin or continue employment, or otherwise interacting with children, prior to obtaining a VSC.

Compliance Indicators

See Manual part 9.2 for the type of documentation that may be used and when a criminal record check may be accepted in the place of a vulnerable sector check.

Where a vulnerable sector check has not yet been obtained and an employee over the age of 19 years has started working, or a volunteer or student over the age of 19 years has started interacting with children, then:

  • The individual’s file contains documentation indicating that the licensee required the individual to obtain a vulnerable sector check as soon as reasonably possible
  • The licensee is able to explain, or there is documentation indicating, why the length of time required to obtain a vulnerable sector check justifies permitting the individual to begin employment or otherwise interacting with children
  • Staff verbally confirm that additional measures to support children’s safety (for example, obtaining an offence declaration from the individual, not leaving the employee alone/unsupervised with children) have been implemented
  • It is observed that the additional measures to support children’s safety are implemented

Where a vulnerable sector check has not yet been obtained and an individual over the age of 19 years continues their employment or volunteer position, then:

  • The individual’s file contains documentation that the person has applied for a vulnerable sector check
  • Staff verbally confirm that additional measures to support children’s safety (for example, obtaining an offence declaration from the individual, not leaving the employee or volunteer alone/unsupervised with children) have been implemented
  • It is observed that the additional measures to support children’s safety are implemented

Part 9.5 Exceptions, individuals under 19 years of age

Ontario Regulation 137/15 ss. 61(2), (3) and (4)

Intent

The federal Youth Criminal Justice Act (YCJA) has privacy requirements in relation to accessing criminal records of youth. Subsections 61(2), (3) and (4) in O. Reg. 137/15 are in place to address situations where the restrictions under the YCJA expire when the young person turns 18 years old.

As the young person becomes an adult, the individual provides a statement to the licensee that discloses every previous finding of guilt under the YCJA, if the person received an adult sentence. The statement serves as a measure that is used to help licensees determine whether individuals involved in the provision of child care may hold these positions of trust. Considering a person’s relevant criminal history helps licensees determine whether individuals who will be participating in their program have been convicted of any offences that prohibit them from participating in child care or may put children at risk.

Clarifying guidance

For individuals who turn 18 years while in a position where they interact with children

Within one month after the person turns 18 years old, the licensee must obtain a statement in writing from the person that:

  • discloses every previous finding of guilt of the person under the Youth Criminal Justice Act (Canada), if the person received an adult sentence, or
  • indicates that there were no such findings of guilt

For individuals who turn 19 years while in a position where they interact with children

The licensee must have documentation that indicates that the licensee has required the individual to obtain a VSC (for example, application to a police service requesting a check and more) within one month (31 days) after the individual turns 19 years.

For individuals who get a position in which they interact with children (in other words, an employee, student or volunteer) who are over 18 years of age but have not yet turned 19 years of age

Where a person is over 18 years of age but has not yet turned 19 years of age when they acquire a position in which they interact with children, they are required to meet the same requirements that apply to adult employees, students or volunteers. These individuals are not exempt from meeting VSC requirements due to their age.

Where a person acquires a position in which they interact with children between the ages of 18 years and 1 month and 19 years and they provide a VSC as required, they will not be required to provide a VSC within 1 month after they turn 19 years of age. They are required to meet the same requirements for providing annual offence declarations and new VSCs before the 5th anniversary of the most recent VSC.

Compliance Indicators

For individuals who are 18 years of age:

  • where an individual turned 18 years while in a position where they interact with children,
    • the individual’s file contains a statement, signed by the individual that discloses previous findings of guilt under the YCJA, if the individual received an adult sentence or indicates that there were no previous findings of guilt under the YCJA for the individual where the individual received an adult sentence

For individuals who are 19 years of age:

See Manual part 9.2 for what type of documentation may be used and when a criminal record check may be accepted in the place of a vulnerable sector check.

  • where the individual turned 19 years while in a position where they interact with children, the individual’s file contains:
    • documentation indicating that the licensee required the individual to obtain a vulnerable sector check as soon as reasonably possible or
    • vulnerable sector check documentation that indicates a vulnerable sector check was conducted by a police service.
  • where the individual’s file contains vulnerable sector check documentation, the documentation indicates that:
    • where the individual is an employee, the vulnerable sector check was conducted no more than 6 months before the date obtained the by the licensee or
    • where the individual is a volunteer/student, and the vulnerable sector check was conducted more than 6 months ago from the date obtained the by the licensee; there is an offence declaration on file, addressing the period since the vulnerable sector check was performed

Part 9.6 Other Persons at Child Care Centre

Ontario Regulation 137/15 s. 61.1

Intent

In addition to regular child care staff, students and volunteers, other people also visit/attend child care centres.

Subsections 61.1(2) and (3) are in place for the same reasons sections 59 and 60 are in place: doing a background check about any criminal activity committed by those coming into a child care centre helps to protect children from possible abuse and/or neglect.

Subsection 61.1(3) is in place to acknowledge that certain professionals are already subject to screening requirements by their employers and/or the professional colleges that regulate them therefore there is no need for child care licensees to do a second screening of the people listed in subsection 61.1(3).

Clarifying guidance

Administrative penalty

Contravention of section 61.1 of the CCEYA may lead to an administrative penalty of $1,000. See section 78 of O. Reg. 17/15 and item 3.1 of Table 2 under that section.

The amount of the administrative penalty increases if the contravention is repeated in the next three years.

An administrative penalty can be up to $100,000.

Licensees must verify that persons who are employed by or contracted with outside organizations (such as, special needs resource consultant, bus drivers) or other individuals (for example, someone hired to bring an animal to visit the children, music performers and more) have undergone a background screening prior to interacting with children in their program.

Examples of individuals employed by or contracted with outside organizations include, but are not limited to:

  • special needs resource consultants
  • supply staff not employed by the licensee such as people who are sent to the child care centre by a temporary employment agency
  • persons attending the centre to deliver a presentation to children
  • persons attending the centre to offer lessons to children

Under subsections 61.1(2) and (3), people need to provide either an offence declaration or attestation. They do not need to also provide a VSC.

Where there is no attestation, the licensee must obtain an offence declaration from the person.

Support persons hired by parents

Where a parent chooses to hire an individual to support their child while in care at the child care program, the licensee must consider this individual as “other persons at the child care centre”. The licensee would be required to obtain and keep the records required under ss.61.1 (1) and ss. 61.1 (2) of O. Reg. 137/15 unless those provisions do not apply pursuant to ss 61.1 (3) (i.e., the person is a first responder, regulated health professional or regulated under the Social Work and Social Service Work Act, 1998).

The child’s individualized support plan (as required pursuant to section 39.1 or section 52, as the case may be) must also include information pertaining to the support this individual will be providing the child, including whether the parent has provided consent for the individual to be left alone with the child.

Written attestation

The written attestation from an individual must include the following information:

  • name(s) of the employee(s), volunteer(s) or student(s) the attestation applies to
  • confirmation that the vulnerable sector check was conducted less than 5 years ago from the date of the attestation (for example, month and year of the VSC date)
  • confirmation that the vulnerable sector check was conducted by a police service
  • confirmation that the vulnerable sector check did not list convictions for any offences set out under Section 9 of the CCEYA
  • name and signature of the licensee/designate

Helpful information: there are forms on the Central Forms Repository for attestations and offence declarations. Visit the Central Forms Repository to get these forms.

Compliance Indicators

The individual’s file contains: an offence declaration

Or

An attestation from the person’s employer or from the person or entity who retained the person’s services that indicates that:

 

  • the employer, person or entity has retained and reviewed a vulnerable sector check from that person

and

  • the vulnerable sector check was performed within the last five years

and

  • the vulnerable sector check did not list any convictions for any offences under the Criminal Code (Canada) listed in subparagraph 1 ii of subsection 9 (1) of the Child Care and Early Years Act, 2014
  • The offence declaration or attestation was obtained:
    • before the person began interacting with children at the child care centre and
    • every year thereafter, no later than 15 days after the anniversary date of the most recent offence declaration or attestations, if the person continues to provide such child care or other services

Part 9.7 Timing for New Record Check and Offence Declaration

Ontario Regulation 137/15 s. 62

Intent

Section 62 is in place to require licensees to regularly screen individuals who continue to participate in their program to determine if there have been any changes in their criminal history that may put children at risk.

Clarifying guidance

An offence declaration is a written declaration that lists all of the individual’s convictions for offences under the Criminal Code (Canada), if any, up to the date of the declaration and is signed by the individual.

Licensees must obtain an offence declaration no later than 15 days after the anniversary of the previous offence declaration or vulnerable sector check, whichever is most recent.

Vulnerable Sector Check Schedules

Licensees are required to obtain a new vulnerable sector check on or before the fifth anniversary of the most recent VSC on file, regardless of the individual’s offence declaration schedule.

Leaves of Absence

If an individual from whom the licensee is required to obtain a new VSC or new offence declaration is on leave (for example, for parental leave, leave of absence for medical reasons), the licensee must work with the individual to ensure the new VSC or offence declaration is obtained as per the required timeline.

If there has been a break in employment, see Manual part 9.8 for requirements related to new offence declarations and vulnerable sector checks.

Best practices

Helpful information: There are forms on the Central Forms Repository for attestations and offence declarations. Visit the Central Forms Repository to get these forms.

Aligning Offence Declaration Schedules

To be in compliance with the regulation, the licensee must ensure that everyone who needs to provide a VSC provides a new VSC before the 5th anniversary of VSC) and an offence declaration (OD) in every calendar year where the person does not provide a VSC. Licensees may wish to set one day in the calendar year on which they obtain offence declarations from all their staff, volunteers and students. When deciding on a set date, licensees need to still maintain compliance with the required timeline for when a new offence declaration is required for each individual staff member, volunteer, and/or student.

When a new vulnerable sector check is obtained from an individual, that individual’s offence declaration schedule will change according to the date of that vulnerable sector check. The licensee may obtain an offence declaration from the individual even in the calendar year in which a new vulnerable sector check is required if the licensee wishes to align offence declaration schedules of all their staff, volunteers and students.

When setting the date for an all-staff/volunteer/student offence declaration schedule, the licensee is encouraged to consider how to maintain compliance in the following situations:

  • years in which the set date falls on days when the centre is closed (for example, on a day which is a statutory holiday)
  • years in which the licensee has to obtain a new vulnerable sector check as this affects an individual’s offence declaration schedule and
  • occasions where an individual provides an offence declaration following a conviction under the Criminal Code (Canada) as this affects the individual’s offence declaration schedule

Example

Mary was hired by XYZ Child Care Centre in November 2022 and provided a VSC at time of hiring. To be in compliance with the regulation, the licensee must ensure that Mary provides a new VSC by the fifth anniversary of the VSC (before November 2027) and an offence declaration (OD) in every calendar year where she does not provide a VSC (one each year for 2023, 2024, 2025, 2026).

XYZ Child Care’s policy indicates that ODs or new VSCs are required on January 15th of each year. This means that Mary was asked to provide an OD in January 2023 that covers the 2 month period between when she started working in November 2022 and January 15, 2023. Mary’s next offence declaration will be due on January 15, 2024 and will cover the period from January, 2023 to January 15, 2024. Mary will continue to provide offence declarations until 2027, at which time she will need to provide a new VSC because the VSC will be five years old by that time.

Compliance Indicators

See Manual part 9.2 for the type of documentation that may be used and when a criminal record check may be accepted in the place of a vulnerable sector check.

Where the fifth anniversary of the previously obtained vulnerable sector check has passed:

  • the individual’s file contains documentation indicating that a new vulnerable sector check was obtained that was:
    • conducted by a police service
    • conducted no more than 6 months ago from the date it was obtained by the licensee and
    • obtained on or before the fifth anniversary of the previously obtained vulnerable sector check

Where 15 days after the anniversary date of the previous offence declaration or vulnerable sector check, whichever was most recent, have passed:

  • the individual’s file contains an offence declaration that:
    • addresses the time period since the previously obtained vulnerable sector check or offence declaration, whichever is most recent and
    • was obtained no more than 15 days after the anniversary date of the previous offence declaration or vulnerable sector check, whichever was most recent

For all employees, volunteers and students:

  • the licensee verbally confirms, or the offence declaration shows, that they have obtained an offence declaration as soon as reasonably possible any time a person is convicted of an offence under the Criminal Code (Canada)

Part 9.8 Break in Employment

Ontario Regulation 137/15 s. 63

Intent

Section 63 is in place to address situations where a person’s employment or other relationship with the licensee may end at one point in time but then later on resumes. The intent in this section is the same as for other requirements around screening - to protect children.

Clarifying guidance

Administrative penalty

Contravention of section 63 of the CCEYA may lead to an administrative penalty of $1,000. See section 78 of O. Reg. 17/15 and item 3.1 of Table 2 under that section.

The amount of the administrative penalty increases if the contravention is repeated in the next three years.

An administrative penalty can be up to $100,000.

Important information: Leaves and absences (such as sick leave, parental leave, summer closures) are not considered breaks in employment.

Breaks in employment or other relationship are determined by the individual’s relationship with the licensee, not a specific program or position, for example:

  • a staff directly employed by a licensee who has multiple sites and the staff works at several of the sites. If this staff stops working at one of these sites for a while but remains employed by the licensee to work at the other sites, this is not considered a break in employment
  • if a person used to be a student on an educational placement with a licensee and then later on gets hired by the licensee as a staff, this is considered a break in employment or other relationship because the individual’s relationship with the licensee ended and was then resumed, regardless of the change in position

Compliance Indicators

See Manual part 9.2 for the type of documentation that may be used and when a criminal record check may be accepted in the place of a vulnerable sector check.

For employees, volunteers and students from whom the licensee has previously obtained a vulnerable sector check and who have had a break in employment, or other relationship, that lasted six months or more:

  • the individual’s file contains documentation indicating that a new vulnerable sector check was obtained that was:
    • conducted by a police service
    • conducted no more than 6 months before the date it was obtained by the licensee and
    • obtained before the employment relationship resumed

For employees, volunteers and students from whom the licensee has previously obtained a vulnerable sector check and who have had a break in employment, or other relationship, that lasted less than six months:

  • where the individual would have provided a new vulnerable sector check during the period of the break, the individual’s file contains documentation indicating that a new vulnerable sector check was obtained that was:
    • conducted by a police service
    • conducted no more than 6 months before the date it was obtained by the licensee and
    • obtained before the relationship resumed
  • where the individual would have provided a new offence declaration during the period of the break, the individual’s file contains a new offence declaration that:
  • addresses the time period since the previously obtained vulnerable sector check or offence declaration, whichever is most recent and
  • was obtained before the relationship resumed

If a person in respect of whom a licensee has obtained a vulnerable sector check takes a leave of absence from their position and then subsequently returns to their position, and if the person would have provided a vulnerable sector check or offence declaration during the period of their leave, the licensee shall obtain a new vulnerable sector check or offence declaration upon the person’s return.

  • where the individual would have provided a new vulnerable sector check during the leave of absence, the individual’s file contains documentation indicating that a new vulnerable sector check was obtained upon the individual's return
  • where the individual would have provided a new offence declaration during the leave of absence, the individual’s file contains a new offence declaration that was obtained upon the individual's return

Part 9.9 Police Record Check Policies and Procedures

Ontario Regulation 137/15 s. 65

Intent

Section 65 is in place so that everyone knows what the licensee’s approach is for doing screenings of staff, volunteers and students. This helps to keep things organized and makes sure that everyone knows what screening they will be expected to take part in.

Clarifying guidance

The licensee must develop written policies and procedures with respect to police record checks or adopt the standard policy developed by the ministry.

Cross-reference: licensees must implement and ensure that the written policies and procedures relating to the screening measures are implemented and are monitored for compliance and contraventions. See section 6.1 of the regulation.

Best practices

Licensees are encouraged to use a variety of information when making employment decisions, such as experience and education. The information revealed in a police records check should not be the only information used in determining suitability for employment.

Compliance Indicators

  • There is a police record check policy that includes information on the following:
    • the process of obtaining a vulnerable sector check
    • the process for submitting an offence declaration
    • how the licensee will protect the confidentiality of information in a vulnerable sector check, attestation or offence declaration
    • how the licensee will consider/use the information in a vulnerable sector check, attestation or offence declaration
    • the additional measures that the licensee will put in place to protect the children who interact with the person until the vulnerable sector check is obtained
    • The licensee has adopted and completed all customizable areas of the standard policy provided by the Ministry.

Footnotes

  • footnote[1] Back to paragraph Under the PRCRA, a vulnerable person means a person who, because of their age, a disability or other circumstances, whether temporary or permanent, is in a position of dependency on others or is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them.