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Police Record Checks Reform Act, 2015

ONTARIO REGULATION 347/18

EXEMPTIONS

Consolidation Period:  From November 16, 2018 to the e-Laws currency date.

Last amendment: 470/18.

Legislative History: 347/18, 454/18, 470/18.

This is the English version of a bilingual regulation.

CONTENTS

Exemptions from Entire Act

1.

Adoption, residential and foster care under Child, Youth and Family Services Act, 2017

2.

Electricity Generation Facilities

3.

Ontario Securities Commission

4.

Correctional institutions, parole offices, etc.

5.

Police services

5.

Police services

6.

Office of Provincial Security Advisor

7.

Administration of justice sector

8.

Inspectors, investigators, etc.

9.

Special Investigations Unit

10.

Independent Police Review Director

11.

Adjudicative Tribunals

12.

Lottery, Gaming, etc.

13.

Office of Public Guardian and Trustee and of Children’s Lawyer

14.

Office for Victims of Crime

15.

Crown Attorneys on fee for service

16.

Criminal Injuries Compensation Board

17.

Child and Parent Resource Institute

18.

Financial services

Exemptions from section 9 of the Act

19.

Schools and child care providers

Exemptions from section 12 of the Act

20.

Agencies with access to CPIC

21.

Securities markets

21.1

Exemption, certain police record checks

 

Exemptions from Entire Act

Adoption, residential and foster care under Child, Youth and Family Services Act, 2017

1. (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 an applicant for a licence to operate a children’s residence or to provide residential care, directly or indirectly, in places that are not children’s residences under Part IX of the Child, Youth and Family Services Act, 2017, in order to determine the applicant’s suitability for the licence.

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

3. If an applicant for a licence described in paragraph 1 or the holder of such a licence referred to in paragraph 2 is a corporation, a search for the purposes of screening a director or officer of the corporation in order to determine the corporation’s suitability for the licence or for continuing to hold the licence.

4. A search for the purposes of,

i. screening a person in order to determine the person’s suitability to be a foster parent who provides residential care under the authority of a licence referred to in paragraph 1, or

ii. screening a person in order to determine the person’s suitability to supervise or support a foster parent referred to in subparagraph i.

5. A search for the purposes of screening an adult person who resides in a children’s residence or place referred to in paragraph 1, in order to determine the suitability of providing residential care to a child or young person in that residence or place.

6. A search for the purposes of screening a person who is being considered for a position, including a position as an employee, volunteer or student, in the course of which the person would provide care directly to a child or young person receiving residential care from a licensee referred to in paragraph 2, in order to determine the person’s suitability for the position.

7. A search for the purposes of screening a person who holds a position described in paragraph 6 in order to determine the suitability of the person continuing to hold the position.

(2) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches conducted in relation to the administration of Part VIII of the Child, Youth and Family Services Act, 2017:

1. A search for the purposes of screening a prospective adoptive parent as part of an adoption homestudy assessment or any updated assessment conducted to determine the person’s eligibility and suitability for adopting a child for purposes of,

i. a placement of a child for adoption by a licensee under Part VIII of the Child, Youth and Family Services Act, 2017, or

ii. an adoption to be facilitated under the Intercountry Adoption Act, 1998.

2. A search for the purposes of screening a person who is or wishes to be a foster parent who provides care to a child placed for adoption by a licensee under Part VIII of the Child, Youth and Family Services Act, 2017 as part of a homestudy assessment or any updated assessment conducted to determine the person’s suitability to be a foster parent who provides such care to a child.

3. A search for the purposes of screening an adult person who resides with a prospective adoptive parent referred to in paragraph 1 or with a foster parent referred to in paragraph 2 as part of a homestudy assessment or any updated assessment conducted to determine the suitability of the home environment for a child.

(3) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of a search conducted for the purpose of performing the functions of a children’s aid society described in subsection 35 (1) of the Child, Youth and Family Services Act, 2017 where the search is requested by,

(a) a Director exercising the powers and performing the duties of a society under section 54 of that Act; or

(b) a supervisor appointed under paragraph 8 of subsection 44 (3) of that Act to operate and manage the affairs and activities of the society.

(4) In this section,

“child” means a child within the meaning of the Child, Youth and Family Services Act, 2017; (“enfant”)

“foster parent” means a foster parent within the meaning of the Child, Youth and Family Services Act, 2017; (“parent de famille d’accueil”)

“young person” means a young person within the meaning of the Child, Youth and Family Services Act, 2017. (“adolescent”)

Electricity Generation Facilities

2. 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 a position as an employee in one of the following electricity generation facilities in order to determine the person’s suitability for the position:

i. A generation facility as defined in subsection 2 (1) of the Electricity Act, 1998.

ii. A generation facility in respect of which a licence has been issued to authorize an activity described in clause 57 (c) of the Ontario Energy Board Act, 1998.

2. A search for the purposes of screening a person who is being considered for a position, including a position as a volunteer or student, in order to determine the person’s suitability for the position, if the position would provide the person with access to an electricity generation facility referred to in paragraph 1.

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

Ontario Securities Commission

3. (1) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of a search requested by or on behalf of the Ontario Securities Commission for purposes of the administration of the Securities Act, the Commodity Futures Act or the Loan and Trust Corporations Act or any rules or regulations made under any of those Acts.

(2) For greater certainty, subsection (1) does not prevent the Act from applying in respect of a search for the purposes of screening,

(a) a person who is being considered for employment in the Ontario Securities Commission; or

(b) a person to whom the Ontario Securities Commission is considering awarding a contract for the provision of goods or services to the Commission or an employee of the prospective contractor who would provide goods or services to the Commission under the contract.

Correctional institutions, parole offices, etc.

4. 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 a position as a volunteer or student in any of the following institutions, facilities or places, in order to determine the suitability of the person for the position:

i. A correctional institution within the meaning of the Ministry of Correctional Services Act that is operated or maintained by the Ministry of Community Safety and Correctional Services.

ii. A probation and parole office that is operated or maintained by the Ministry of Community Safety and Correctional Services.

iii. A place that is a place of open custody, a place of open temporary detention or a place of secure custody as those terms are defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017.

iv. A youth justice probation office that is operated or funded by the Ministry of Children and Youth Services.

2. A search for the purposes of screening a person who is being considered for a position as an employee, in any of the following places or offices, in order to determine the suitability of the person for the position:

i. A place that is a place of open custody, a place of open temporary detention or a place of secure custody as those terms are defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017.

ii. A youth justice probation office that is operated or funded by the Ministry of Children and Youth Services.

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

4. A search for the purposes of screening a person to determine if the person is suitable to be awarded a contract to provide goods or services in or to a place or office referred to in paragraph 2, 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.

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

6. A search for the purposes of screening a person to determine if the person’s suitability for being granted access to any of the institutions, facilities or places listed in paragraph 1 for the purposes of providing services to inmates or persons in custody, on probation or parole if the access would include access to any information, facilities, assets, systems or procedures described in paragraph 4.

7. A search for the purposes of screening a person who is being considered for appointment to a local monitoring board established under section 14.1 of the Ministry of Correctional Services Act in order to determine the person’s suitability for the appointment.

8. A search for the purposes of screening a person who has been appointed to a local monitoring board in order to determine the suitability of the person continuing to hold the appointment.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 4 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

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 force.

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

iii. An auxiliary member of a police force appointed under section 52 of the Police Services Act or a volunteer providing services to a police force.

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

v. An appointment as a special constable under section 53 of the Police Services Act.

vi. An appointment as a First Nations Constable under section 54 of the Police Services Act.

vii. A position as an employee or volunteer working for a band or any other employer of First Nations Constables if the position supports or otherwise relates to the provision of police services.

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 to determine if the person is suitable to be awarded a contract to provide goods or services to a police services board or to a band or any other employer of First Nations Constables, 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, to determine the suitability of the person or employee continuing to provide goods or services under the contract.

(2) In subsection (1),

“band” has the same meaning as in the Indian Act (Canada); (“bande”)

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

“police force” means as police force as defined in subsection 2 (1) of the Police Services Act; (“corps de police”)

“police services board” means a municipal police services board within the meaning of the Police Services Act. (“commission de services policiers”)

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 5 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Note: On January 1, 2020, the day section 212 of Schedule 1 to the Safer Ontario Act, 2018 comes into force, section 5 of the Regulation is revoked and the following substituted: (See: O. Reg. 454/18, s. 2)

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. O. Reg. 454/18, s. 2.

(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”) O. Reg. 454/18, s. 2.

Office of Provincial Security Advisor

6. 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 appointment as the Provincial Security Advisor for Ontario in order to determine the person’s suitability for the appointment.

2. A search for the purposes of screening a person who has been appointed as the Provincial Security Advisor for Ontario in order to determine the suitability of the person continuing to hold the appointment.

3. A search for the purposes of screening a person being considered for a position as an employee in the office of the Provincial Security Advisor in the Ministry of Community Safety and Correctional Services in order to determine the person’s suitability for the position.

4. A search for the purposes of screening a person who holds a position referred to in paragraph 3 in order to determine the suitability of the person continuing to hold the position.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 6 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Administration of justice sector

7. (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 requested by or on behalf of the Crown in Right of Ontario in accordance with any applicable directives or policies made by the Public Service Commission or by the Management Board of Cabinet:

1. A search for the purposes of screening a person being considered for a position as a public servant appointed under Part III of the Public Service of Ontario Act, 2006 to work in a ministry or Commission public body in order to determine the suitability of the person for the position, if the position meets the requirements set out in subsection (2) or (3).

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 ministry, agency, board, commission or other entity, or to determine the suitability of any of the prospective contractor’s employees for providing goods or services under the contract, if the contract would provide the contractor or employee with access to information, facilities, assets, systems or procedures described in subsection (2).

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, to determine the suitability of the person or employee continuing to provide goods or services under the contract.

(2) Paragraph 1 of subsection (1) applies in respect of any position in which the public servant will have,

(a) access to information related to the administration of justice which, if mishandled, could be used to significantly jeopardize the safety of an individual;

(b) access to information which, if mishandled, could be used to undermine the administration of justice;

(c) access to facilities or assets if the mishandling of such access could,

(i) significantly jeopardize the safety of an individual or the security of the facility or assets, or

(ii) be used to undermine the administration of justice; or

(d) access to systems or procedures established to protect items or information if the mishandling of such access could,

(i) significantly jeopardize the safety of an individual or the security of the items or information, or

(ii) be used to undermine the administration of justice.

(3) Paragraph 1 of subsection (1) applies in respect of any position in which the public servant,

(a) is responsible for conducting security checks of persons who are being considered for a position that meets the requirements set out in subsection (2) or for a contract described in paragraph 3 of subsection (1); and

(b) will have access to a type of police record check other than a criminal record check for the purposes of fulfilling the responsibilities described in clause (a).

(4) In subsection (1),

“Commission public body” means a Commission public body as defined in subsection 2 (1) of the Public Service of Ontario Act, 2006.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 7 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Inspectors, investigators, etc.

8. For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches if they are requested by the Crown in right of Ontario or any agency, board or commission or other entity responsible for the appointment or employment of the person:

1. A search for the purposes of screening a person who is being considered for a position which would include responsibilities, under any Act or regulation, for carrying out inspections to ensure compliance with the law, investigating offences or otherwise enforcing the law, in order to determine the suitability of the person for the position.

2. A search for the purposes of screening a person who is being considered for employment in, or an appointment to, a position managing or supervising a person referred to in paragraph 1, in order to determine the suitability of the person for the position.

3. A search for the purposes of screening a person who is being considered for a position to provide support or assistance to a person referred to in paragraph 1 or 2, whether as an employee or as a person hired under a contract, in order to determine the person’s suitability for the position.

4. A search for the purposes of screening a person who holds a position referred to in paragraph 1, 2 or 3 in order to determine the suitability of the person continuing to hold the position.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 8 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Special Investigations Unit

9. For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches requested in relation to the administration of the Ontario Special Investigations Unit:

1. A search for the purposes of screening an applicant for a position as a volunteer in the Unit in order to determine the applicant’s suitability for the position.

2. A search for the purposes of screening an person who is a volunteer in the Unit in order to determine the suitability of the person continuing to hold the position.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 9 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Independent Police Review Director

10. 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 appointment as the Independent Police Review Director under section 26.1 of the Police Services Act, in order to determine the person’s suitability for the appointment.

2. A search for the purposes of screening a person who has been appointed as the Independent Police Review Director in order to determine the suitability of the person continuing to hold the appointment.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 10 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Adjudicative Tribunals

11. (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 an appointment as a member of an adjudicative tribunal in order to determine the person’s suitability for the appointment.

2. A search for the purposes of screening a person who is a member of an adjudicative tribunal in order to determine the suitability of the person continuing as a member.

(2) In this section,

“adjudicative tribunal” means an adjudicative tribunal within the meaning of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 11 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Lottery, Gaming, etc.

12. 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 appointment to or employment in any of the following positions, in order to determine the person’s suitability for the position:

i. A member of the board of directors of the Alcohol and Gaming Commission of Ontario established under Part I of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996.

ii. The Registrar established under section 6 of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996.

iii. An employee of the Alcohol and Gaming Commission of Ontario who exercises managerial authority or who exercises decision-making authority over licensing, registration or compliance with an Act or regulation that the Commission is responsible for administering.

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

3. A search required by or on behalf of the Registrar for the purposes of an inquiry or investigation into the character, financial history and competence of a person under subsection 9 (1.1) of the Gaming Control Act, 1992.

4. A search for the purposes of an inquiry or investigation conducted under the Cannabis Licence Act, 2018, the Gaming Control Act, 1992, the Liquor Licence Act, the Liquor Control Act or the Horse Racing Licence Act, 2015. O. Reg. 347/18, s. 12; O. Reg. 470/18, s. 1.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 12 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Office of Public Guardian and Trustee and of Children’s Lawyer

13. (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 one of the following appointments in order to determine the person’s suitability for the appointment:

i. Appointment as the Public Guardian and Trustee or as a deputy for the Public Guardian and Trustee under section 1 of the Public Guardian and Trustee Act.

ii. Appointment as the Children’s Lawyer under section 89 of the Courts of Justice Act.

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

3. A search conducted at the request of the Office of the Public Guardian and Trustee or the Office of the Children’s Lawyer for the purposes of screening a person being considered for inclusion in a selected group of lawyers, or of social workers, mental health experts or other clinicians, who are eligible to be appointed by a court to provide services on behalf of the Public Guardian and Trustee or of the Children’s Lawyer for Ontario, in order to determine the person’s suitability for providing such services.

4. A search for the purposes of screening a person who is part of a selected group referred to in paragraph 3 in order to determine the suitability of the person continuing to be part of the selected group.

5. A search for the purposes of screening a person who is being considered for a student placement in the Office of the Public Guardian and Trustee in order to determine the person’s suitability for the placement.

6. A search for the purposes of screening a person to determine if the person is suitable to be awarded a contract to provide goods or services to a person whose property is managed by the Office of the Public Guardian and Trustee or to determine the suitability of any of the prospective contractor’s employees for providing goods or services under the contract.

7. Where a person has been awarded a contract described in paragraph 6, a search for the purposes of screening the person, or any of the person’s employees, to determine the suitability of the person or employee continuing to provide goods or services under the contract.

(2) In paragraph 3 of subsection (1),

“lawyer” means a person who is licensed to practise law as a barrister and solicitor in Ontario; (“avocat”)

“social worker” means a member of the Ontario College of Social Workers and Social Services Workers.  (“travailleur social”)

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 13 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Office for Victims of Crime

14. 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 appointment as a member of the Office for Victims of Crime under section 5.1 of the Victims’ Bill of Rights, 1995, in order to determine the person’s suitability for the appointment.

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

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 14 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Crown Attorneys on fee for service

15. (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 conducted on behalf of the Ministry of the Attorney General for the purposes of screening a lawyer who is being considered for appointment as a Crown Attorney on a fee for service basis, in order to determine the lawyer’s suitability to act as a Crown Attorney.

2. A search conducted on behalf of the Ministry of the Attorney General for the purposes of screening a lawyer who has been appointed as a Crown Attorney on a fee for service basis in order to determine the suitability of the lawyer continuing to act as a Crown Attorney.

(2) In subsection (1),

“lawyer” means a person who is licensed to practise law as a barrister and solicitor in Ontario. (“avocat”)

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 15 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Criminal Injuries Compensation Board

16. For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of a search requested by the Criminal Injuries Compensation Board continued under section 3 of the Compensation for Victims of Crime Act if the search is for the purposes of making determinations regarding financial compensation for alleged victims of crime.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 16 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Child and Parent Resource Institute

17. For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches with respect to persons working in or providing goods or services in the Child and Parent Resource Institute, located in London, Ontario:

1. A search for the purposes of screening a person who is being considered for a position, including a position as an employee, a volunteer or a student on placement in the Institute, in order to determine the suitability of the person for the position.

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

3. A search for the purposes of screening a person to determine if the person is suitable to be awarded a contract to provide goods or services in the Institute or to determine the suitability of any of the prospective contractor’s employees for providing goods or services under the contract in the Institute.

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, to determine the suitability of the person or employee continuing to provide goods or services under the contract in the Institute.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 17 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Financial services

18. 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 criminal record and judicial matters check for the purposes of screening an applicant for a licence that is issued by the Superintendent of Financial Services under the Insurance Act, the Mortgage Brokerages, Lenders and Administrators Act, 2006 or any other Act or regulation, in order to determine the applicant’s suitability for the licence.

Note: On the day section 22 of Schedule 13 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, paragraph 1 of section 18 of the Regulation is amended by striking out “the Superintendent of Financial Services” and substituting “the Chief Executive Officer”. (See: O. Reg. 454/18, s. 3 (1))

2. A criminal record and judicial matters check for the purposes of screening a person who holds a licence referred to in paragraph 1 in order to determine the suitability of the person continuing to hold the licence.

3. A criminal record and judicial matters check requested by the Superintendent of Financial Services 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 Superintendent is considering making an order removing the director from office under subsection 101 (1) of the Credit Unions and Caisses Populaires Act, 1994.

Note: On the day section 5 of Schedule 7 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, paragraph 3 of section 18 of the Regulation is revoked and the following substituted: (See: O. Reg. 454/18, s. 3 (2))

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.

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 18 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Exemptions from section 9 of the Act

Schools and child care providers

19. (1) A police record check provider is exempt from section 9 of the Act with respect to a police record check if it is for the purposes of,

(a) screening a person who is being considered for a position as a teacher or other employee working in a school, a volunteer or a student on an educational placement in a school in order to determine the person’s suitability for the position;

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

(c) screening a person to determine if the person is suitable to be awarded a contract to provide goods or services in a school or to determine the suitability of any of the prospective contractor’s employees for providing goods or services under the contract in a school;

(d) screening a person who has been awarded a contract to provide goods or services in a school, or an employee of the contractor who provides goods or services in a school, in order to determine the suitability of the contractor or employee continuing to provide goods or services in a school;

(e) screening a person who is being considered for a position as an employee of a board as defined in the Education Act in order to determine the person’s suitability for the position if the position requires the employee to be in a school in the normal course of their duties;

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

(g) complying with section 35 of the Child Care and Early Years Act, 2014; or

(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. O. Reg. 347/18, s. 19 (1); O. Reg. 454/18, s. 1, 4.

(2) In subsection (1),

“school” means a school or a private school as defined in the Education Act. O. Reg. 347/18, s. 19 (2).

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 19 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

Exemptions from section 12 of the Act

Agencies with access to CPIC

20. A police record check provider described in clause (c) of the definition of police record check provider in subsection 1 (1) of the Act is exempt from section 12 of the Act.

Securities markets

21. (1) In this section,

“director” means a director as defined in subsection 1 (1) of the Securities Act; (“administrateur”)

“exchange” means an exchange that has been recognized by the Commission under section 21 of the Securities Act or has been exempted by the Commission from the application of that section; (“bourse”)

“investor relation activities” means investor relations activities within the meaning of section 2.22 of National Instrument 45-106 entitled “Prospectus Exemptions”, being a rule made by the Ontario Securities Commission under the Securities Act; (“activités de relations avec les investisseurs”)

“issuer” means an issuer as defined in subsection 1 (1) of the Securities Act; (“émetteur”)

“officer” means an officer as defined in subsection 1 (1) of the Securities Act; (“dirigeant”)

“significant shareholder” means a significant shareholder within the meaning of National Instrument 55-104 entitled “Insider Reporting Requirements and Exemptions”, being a rule made by the Ontario Securities Commission under the Securities Act. (“actionnaire important”)  O. Reg. 347/18, s. 21 (1).

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

(a) the police record check was for the purposes of screening one of the following persons:

(i) a director or officer of an issuer or a person who is being considered for the position of a director or officer of an issuer, or

(ii) a person who is a significant shareholder of an issuer or is engaged by the issuer or an affiliate of the issuer to carry out activities that are investor relation activities;

(b) the issuer referred to in clause (a) is listed or posted on an exchange or the exchange is considering listing or posting the issuer; and

(c) the police record check was requested by the exchange referred to in clause (b) or by an affiliate of the exchange.  O. Reg. 347/18, s. 21 (2); O. Reg. 454/18, s. 1.

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

(a) the police record check is for the purpose of screening one of the following persons:

(i) a director or officer of an organization or a person who is being considered for the position of director or officer of an organization, or

(ii) a person who is a significant shareholder of an organization or is engaged by the organization or an affiliate of the organization to carry out activities that are investor relation activities;

(b) the organization has been granted access to the trading system of an exchange or has applied for access to its trading system; and

(c) the police record check was requested by the exchange referred to in clause (b) or by an affiliate of the exchange.  O. Reg. 347/18, s. 21 (3); O. Reg. 454/18, s. 1.

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. O. Reg. 454/18, s. 5 (1).

(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. O. Reg. 454/18, s. 5 (1).

(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. O. Reg. 454/18, s. 5 (1).

Note: On January 1, 2020, the day section 212 of Schedule 1 to the Safer Ontario Act, 2018 comes into force, section 21.1 of the Regulation is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: O. Reg. 454/18, s. 5 (2))

22. Omitted (provides for amendments to this Regulation).

Note: On November 1, 2019, one year after the day clause 22 (1) (a) of the Police Record Checks Reform Act, 2015 comes into force, section 22 of the Regulation is revoked. (See: O. Reg. 347/18, s. 22)

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

 

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