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

filed April 27, 2018 under Police Record Checks Reform Act, 2015, S.O. 2015, c. 30

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ontario regulation 348/18

made under the

Police Record Checks Reform Act, 2015

Made: April 24, 2018
Filed: April 27, 2018
Published on e-Laws: April 27, 2018
Printed in The Ontario Gazette: May 12, 2018

Reconsideration Notice and Process - Exceptional Disclosure of Non-Conviction Information

Notice

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

(a) how the process works;

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

(c) how and when to make written submissions.

Making a request for reconsideration and submissions

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

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

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

Reconsideration

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

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

(b) consider entries in respect of the individual;

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

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

Notification of decision

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

Commencement

5. This Regulation comes into force on the later of the day subsection 10 (4) of the Police Record Checks Reform Act, 2015 comes into force and the day this Regulation is filed.

Made by:
Pris par :

La ministre de la Sécurité communautaire et des Services correctionnels,

Marie-France Lalonde

Minister of Community Safety and Correctional Services

Date made: April 24, 2018
Pris le : 24 avril 2018

 

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