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Policy Document: Criminal Records Checks Policy - Additional Information

CRIMINAL RECORDS CHECKS - PROCEDURES

The Criminal Records Review Program manages the criminal records check process. It receives photocopies of completed criminal records check consent forms and schedules from employers and governing bodies such as school districts and the College of Teachers, and co-ordinates the records checks.

CRIMINAL RECORDS REVIEW ACT CONSENT FORMS

The current Criminal Records Review Act consent forms, which came into effect on October 1, 2002 (and which replace any previous forms), include:

a "Consent for Release of Information and Acknowledgements" under the Criminal Records Review Act, attached to each of the Schedules listed below
Schedule A - Employees (other than affiliation with Governing Bodies and Child Care Facilities)
Schedule B - Applicant to a Governing Body
Schedule C - Volunteer, Resident, or Owner/Operator of a Licence-Not-Required Child Care Facility
Schedule D - Owner/Operator Applying for a Child Care Facility Licence or Resident at a Licensed Child Care Facility
Schedule E - Employee or Volunteer at a Licensed Child Care Facility
Schedule F - Short-Term Child Care Worker Registration for the Short-Term Registry (a registry for students doing practicums and work experience in child care facilities)

The consent forms are available on the Criminal Records Review Program website or from the Criminal Records Review Program. Forms on the website are in PDF format, which allows information to be keyed on-line, then printed and signed, or printed and filled out manually. The Criminal Records Review Act consent forms are not copyrighted and may be reproduced provided they are not altered in any way.

HOW THE PROCESS WORKS

1. Consent Forms

Each organization covered by the Act is responsible for:

Providing applicants and employees, or in the case of governing bodies, applicants and registered members, with the appropriate Criminal Records Review Act consent form (Schedule).
Obtaining a signed Criminal Records Review Act Schedule from every current employee, registered member, or successful applicant who will be working with children as defined in the Act.
Recording the return of the Schedules and maintaining the originals for a minimum of 5 years to comply with the audit requirements of the RCMP.
Submitting copies of the completed Schedules to the Criminal Records Review Program.
Recording the results returned by the Criminal Records Review Program.

NOTE: Teachers and non-teaching staff in schools may work with children once they have provided a signed consent form and Schedule. It is not necessary to wait for the results. Individuals working with children in child care facilities must wait for the results before they work with children.

If a successful applicant, current employee, or registered member of the College of Teachers does not provide a signed consent form, they cannot work with children.

2. Results of the Check

The Criminal Records Review Program runs a check against provincial and federal databases. If no relevant offences are found, the individual will be cleared for working with children and a "notice of clearance" letter will be sent to the employer or governing body.

According to section 12 of the Act, if an employee who has been cleared for working with children is subsequently charged with or convicted of a relevant offence, that individual must report the charge or conviction to their employer and submit a new criminal record check authorization to the employer, who then submits it to the Criminal Records Review Program. The employer is also obligated under the Act to require an employee to provide a new criminal record check authorization for a further criminal record check if the employer becomes aware that the employee has been charged with, or convicted of, a relevant offence. In such circumstances involving teachers who are registered members of the College of Teachers, the Act requires the employer to take reasonable steps to notify the College of Teachers that it is taking such action. For independent school teachers whose teacher certificate was issued by the Inspector of Independent Schools, the employer should also notify the inspector that it is taking such action.

If the check reveals a relevant offence, the individual may be asked to go to their local police or RCMP station for fingerprinting to verify that the correct individual has been identified. The fingerprint information is compared to the prints associated with the criminal record.

If a fingerprint match is made, the file is forwarded to the Deputy Registrar for a decision. The Deputy Registrar examines the relevant offence and other related information and makes a determination of risk. The Deputy Registrar advises the individual and the employer or governing body whether the individual presents a "risk" or is "no risk."

If the decision is "no risk," the Deputy Registrar sends a letter confirming this to the individual and the employer or governing body. The offence name and details will not be disclosed.

If the Deputy Registrar determines that a person poses a risk of harm to children, they immediately inform in writing the individual and the employer or governing body, as applicable, of their decision. The employer or governing body must ensure that anyone deemed to be a risk of harm to children is not in a position where they work with, or have unsupervised access to children in their employment position.

In the case of a teacher certified by the College of Teachers, the College must take appropriate action under the Teaching Profession Act. If the teacher continues to work with children, the College must take reasonable steps to notify the teacher's employer that the individual has been determined to be a risk of physical or sexual abuse to children.

Once the Deputy Registrar has determined that an individual presents a risk to children, the employer or governing body must take appropriate action that may involve termination or transferring the employee to a job that does not involve working with children. Employers and governing bodies cannot reconsider the Deputy Registrar's determination of risk.

In the case of a teacher certified by the Inspector of Independent Schools, the teacher's employer (independent school authority) should notify the inspector that it has acted upon the Deputy Registrar's determination of "risk." This is consistent with the provisions of the Discipline Reporting Order, which requires an authority to report to the inspector when it has dismissed, suspended, or otherwise disciplined a teacher, or when the authority considers it in the public interest to notify the inspector that a teacher has resigned from employment with the authority.

3. Reconsideration

The individual who is the subject of a criminal record check may request a reconsideration of the determination of the Deputy Registrar through a reconsideration process set up under the Criminal Records Review Act. A reconsideration request must be served by written notice to the Registrar within 30 days after the day on which the Deputy Registrar notifies the individual of the determination.

The Registrar of the Criminal Records Review Program will review the reconsideration request, and may receive or accept any information or evidence that may, or may not, be admissible in a court of law. The individual may apply for a judicial review of the Registrar's decision.

If an individual requests a reconsideration, the employer or governing body must continue to take appropriate action on the basis of the Deputy Registrar's determination of risk until the outcome of the reconsideration is known.

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