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POLICY STATEMENT

The Criminal Records Review Act makes criminal records checks mandatory for persons working with children in organizations that are licensed by, operated by, or receiving operating funds from, the provincial government. The Act does not apply to volunteers, except in child care facilities.

RATIONALE

The purpose of the Criminal Records Review Act is to help protect children from physical and sexual abuse by requiring individuals to whom the Act applies to undergo a criminal records check. This policy provides information concerning the Act and its application to public and independent school authorities.

LEGISLATION/ REGULATIONS

See the Criminal Records Review Act for further information.

ADDITIONAL DEFINITIONS

Relevant Criminal Offence

POLICY

The Criminal Records Review Act applies to current employees and successful applicants for employment as well as to registered members and applicants for registration in organizations that are licensed by, operated or receiving operating funds from, the provincial government, including:

• teachers, whether or not they are registered members of the College of Teachers
• non-teaching personnel in all public and independent schools who work with children
• Board of Education employees who work with children, and
• secondary and post-secondary students doing practicums and work experience in child care facilities (licensed and license-not-required)

Note: Student teachers in the K-12 system are not required to have a criminal records check under the Act, nor are volunteers other than in child care facilities. However, local Boards of Education or independent school authority policy may require criminal records checks for student teachers or volunteers. Where local policy so requires, criminal records checks for student teachers or volunteers are not conducted by the Criminal Records Review Program.

The Act requires authorities covered by the Independent School Act to obtain criminal records check consent forms from non-teaching staff who work with children, teaching staff certified by the Inspector of Independent Schools, and those teachers who, although certified by the College of Teachers, are not currently members of the College.

The College of Teachers is responsible for obtaining criminal records check consent forms from new applicants for registration and from registered members.

Boards of Education are responsible for obtaining criminal records check consent forms from non-teaching personnel who work with children, and from teachers not certified by the College of Teachers.

Special Situations

Exchange Teachers
Exchange teachers from other provinces and countries do not register with the College of Teachers. As exchange teachers who work with children are required by the Act to undergo a criminal records check, Boards of Education and independent school authorities should ensure that exchange teachers provide a signed Schedule A prior to being employed by the host board or authority. (However, teachers may work with children once they have provided a signed Schedule. It is not necessary to wait for the results.)

Service Contractors
Under the Criminal Records Review Act, "employees" includes service contractors. The specific contract situation must be considered in determining whether contractors require a signed Criminal Records Review Act check. The Ministry of Education suggests that Boards of Education and independent school authorities develop comprehensive Criminal Records Review Act policies for contractors, and obtain legal advice in the development of this policy.

Work Experience Students
Section 24 of the Criminal Records Review Act and section 4 of the Child Care Licensing Regulation establish that no person over the age of 12, other than a child or a parent of a child enrolled at the facility, may be "ordinarily present" at a registered (unlicensed) or licensed day care centre when the children are present, unless they have had a Criminal Records Review Act check. Students doing work experience in child care facilities must complete a Schedule F, and receive their clearance letter before they can begin their work experience placement. (Please note that students on work experience placements other than in child care facilities do not require a Criminal Records Review Act check.)

A Short Term Registry has been developed to help facilitate the records check process for students and others who will work with children in child care facilities on a temporary basis. Read more about the Short Term Registry.

Costs

The Criminal Records Review Act was amended in 2002 to require the payment of a fee for each criminal records check. Effective October 1, 2002, there is a cost recovery charge of $20 for each criminal records check. Payment must be submitted with the signed consent form, and must be in the form of a certified cheque or money order payable to the Minister of Finance, or by VISA or MasterCard, using the credit card payment form available on the Criminal Records Review Program website.

Unless the employer or governing body has made other arrangements to pay the fee, the payment is to be supplied by the individual consenting to the criminal records check. For employers and governing bodies, payment can be submitted as individual payments attached to each consent form, or as one group payment for multiple submissions. All consent forms require payment before the criminal records check can be processed.

The Act allows the Registrar to waive the payment of the prescribed fee if the Registrar considers the waiver to be in the public interest. Those eligible for the fee waiver are: residents, except spouses/partners of owner-operators, at license-not-required or licensed child care facilities; volunteers at child care facilities; and, students enrolled at a BC high school on voluntary work placement/work experience in a child care facility arranged through the school.

If an individual is required to provide fingerprints (additional information), there may be a fingerprinting fee. Individuals are responsible for any fingerprinting fees. The cost of fingerprinting varies across police agencies.

PROCEDURES

The Criminal Records Review Program manages the criminal records check process. Read more about how the criminal records checks process works, including Criminal Records Review Act consent forms.