Police Record Checks Reform Act, 2015

Interpretation and Application

1 (1) In this Act, “authorized body” means a body authorized for the purposes of section 6.3 of the Criminal Records Act (Canada); (“organisme autorisé”) “child” means a person under the age of 18 years; (“enfant”) “criminal offence” means, subject to subsection (3), an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Cannabis Act (Canada) or any other law of Canada; (“infraction criminelle”) “Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “non-conviction information” means, subject to subsection (4), information concerning the fact that an individual was charged with a criminal offence if the charge, (a) was dismissed, withdrawn or stayed, or (b) resulted in a stay of proce…

2 (1) This Act applies to persons who require a search to be 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, including without limitation, (a) for the purposes of determining his or her suitability for employment, volunteer work, a licence, an office, membership in any body or to provide or receive goods or services; or (b) for the purposes of assessing his or her application to an educational institution or program. 2015, c. 30, s. 2 (1). Exceptions (2) This Act does not apply in respect of the following: 1. A search required under the Children’s Law Reform Act in respect of an application for a parenting order respecting decision-making responsibility with respect to a child by a person who is n…

3 Except as otherwise provided in this Act or the regulations, this Act binds the Crown.

4 For greater certainty, nothing in this Act, (a) permits or requires the disclosure of information whose disclosure is prohibited under the Criminal Code (Canada), the Criminal Records Act (Canada), the Youth Criminal Justice Act (Canada), or any other law of Canada; (b) affects the ability to collect, use or disclose personal information under clause 42 (1) (f) or (g) of the Freedom of Information and Protection of Privacy Act or clause 32 (f) or (g) of the Municipal Freedom of Information and Protection of Privacy Act; (c) affects the ability to disclose personal information under the Community Safety and Policing Act, 2019; (d) affects an individual’s right to access personal information about himself or herself under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act; or (e) affects the power of a court or a…

Manner of Request, Manner of Response

5 A person to whom this Act applies shall not request a police record check in respect of an individual in any manner other than in accordance with this Act.

6 A police record check provider responding to a request for a police record check from a person described in section 5 or from an individual who requests a police record check in respect of himself or herself shall respond to the request in accordance with this Act.

Procedures Governing Police Record Checks

7 (1) An individual may request in writing that a police record check provider conduct a police record check in respect of the individual or that the provider cause such a check to be conducted. 2015, c. 30, s. 7 (1). Same, request by person or organization (2) A person or organization may request in writing that a police record check provider conduct a police record check in respect of an individual or that the provider cause such a check to be conducted. 2015, c. 30, s. 7 (2). Prescribed requirements (3) A person making a request under this section shall comply with any prescribed requirements. 2015, c. 30, s. 7 (3). Type of check (4) A request shall specify the particular type of police record check being requested. 2015, c. 30, s. 7 (4). Fee (5) A request shall be accompanied by any applicable fee. 2015, c. 30, s. 7 (5). Same, volunteers (6) Despite subsection (5), no fee shall be ch…

8 (1) A chief of police or a member of a police service designated by a chief of police for the purposes of this Act shall conduct the following types of police record checks: 1. Criminal record check. 2. Criminal record and judicial matters check. 3. Vulnerable sector check. 2015, c. 30, s. 8 (1); 2019, c. 1, Sched. 4, s. 46 (7). Others (2) An authorized body, a third party entity or an entity permitted by the Royal Canadian Mounted Police to access the Canadian Police Information Centre databases may conduct any of the types of police record checks mentioned in subsection (1) if, under an agreement with a police service or under the laws of Canada, the body or entity is permitted to conduct the particular type of check. 2015, c. 30, s. 8 (2); 2019, c. 1, Sched. 4, s. 46 (7). Consent of individual (3) A police record check provider shall not conduct a police record check in respect of a…

9 A police record check provider shall not disclose information in response to a request for a police record check unless the information is authorized to be disclosed in connection with the particular type of police record check in accordance with the Schedule.

10 (1) This section applies with respect to the disclosure of non-conviction information in response to a request for a vulnerable sector check in respect of an individual. Criteria for exceptional disclosure (2) Non-conviction information about the individual is not authorized for exceptional disclosure unless the information satisfies all of the following criteria: 1. The criminal charge to which the information relates is for an offence specified in the regulations made under subsection 22 (2) (c). 2. The alleged victim was a child or a vulnerable person. 3. After reviewing entries in respect of the individual, the police record check provider has reasonable grounds to believe that the individual has been engaged in a pattern of predation indicating that the individual presents a risk of harm to a child or a vulnerable person, having regard to the following: i. Whether the individual …

11 If this Act authorizes the disclosure of a finding of guilt under the Youth Criminal Justice Act (Canada) in respect of an individual, the information shall be disclosed in a separate record from any record containing other information disclosed in respect of the individual in the prescribed form, if any.

12 (1) A police record check provider shall disclose the results of a police record check to the individual who is the subject of the request and shall not disclose the results to any other person, subject to subsection (2). Disclosure with consent (2) If an individual provides written consent after receiving the results of a check about himself or herself under subsection (1), the police record check provider may provide a copy of the information to the person or organization who requested the check under subsection 7 (2) or to another person or organization the individual specifies. Other requirements (3) A police record check provider shall comply with any other requirements that may be prescribed respecting disclosure.

13 A person or organization that receives information under subsection 12 (2) shall not use it or disclose it except for the purpose for which it was requested or as authorized by law.

14 The Minister may require the use of an approved form for any purpose under this Act.

14.1 (1) A police record check provider shall comply with any prescribed service standards with respect to conducting police record checks. 2026, c. 7, Sched. 6, s. 2. Extinguishment of causes of action (2) No cause of action arises against the Crown or any other person as a direct or indirect result of any purported failure to comply with a prescribed service standard. 2026, c. 7, Sched. 6, s. 2. No remedy (3) No costs, compensation or damages, including for loss of revenues or loss of profit or any other alleged loss, whether direct or indirect, are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person in connection with anything referred to in subsection (2) against any person referred to i…

Additional Requirements

15 (1) Every police record check provider shall create and implement a process to respond to a request from an individual to correct information in respect of the individual if the individual believes there is an error or omission in the information. Prescribed requirements (2) The process shall comply with any requirements the Minister may prescribe.

16 Every police record check provider shall prepare and maintain the prescribed statistical information in connection with police record check requests and shall provide that information to the Minister on request.

17 A police service board or the Commissioner of the Ontario Provincial Police shall ensure that any agreement the board or Commissioner enters into with a third party entity or authorized body in respect of police record checks includes provisions respecting the entity’s or body’s compliance with this Act and the regulations. 2015, c. 30, s. 17; 2019, c. 1, Sched. 4, s. 46 (8). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 48 (7) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 46 (8) - 26/03/2019

18 A third party entity shall comply with any prescribed requirements in connection with police record checks.

18.1 A police record check in respect of an individual becoming a volunteer or continuing as a volunteer shall not be relied on, for a prescribed purpose, after the period of time prescribed for that purpose. 2021, c. 34, Sched. 20, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 20, s. 4 - 01/04/2022

Enforcement

19 (1) A person or organization that wilfully contravenes section 5, 8, 9, 10, 11, 12 or 13 is guilty of an offence. Penalty (2) A person convicted of an offence is liable to a fine of not more than $5,000. No prosecution without consent (3) A prosecution shall not be commenced under this section without the Minister’s consent. Proof of consent (4) The production of a document that appears to show that the Minister has consented to a prosecution under this section is admissible as evidence of the Minister’s consent.

Administrative Matters

20 The Minister may issue directives to police record check providers with respect to matters to which this Act applies.

21 The Minister shall conduct a review of this Act within five years after the day this section comes into force.

Regulations Regulations

22 (1) The Lieutenant Governor in Council may make regulations, (a) exempting any person or class of persons from any provision of this Act and attaching conditions to the exemption; (b) defining, for the purposes of this Act and the regulations, any word or expression used in this Act that has not already been expressly defined in this Act; (c) prescribing anything that, under this Act, may or must be prescribed or done by regulation, other than the matters in respect of which the Minister may make regulations under subsection (2); (d) generally for carrying out the purposes and provisions of this Act. 2015, c. 30, s. 22 (1). Minister (2) The Minister may make regulations, (a) approving forms and requiring their use for any purpose under this Act; (b) respecting statistical information that a police record check provider must prepare and maintain in connection with police record check r…

23-29 Omitted (amends, repeals or revokes other legislation).

30 Omitted (provides for coming into force of provisions of this Act).

31 Omitted (enacts short title of this Act).

SCHEDULE

1 (1) For the purposes of section 9 of the Act, a police record check provider shall not disclose information of a type set out in Column 1 of the Table to this section as part of a police record check set out in Column 2, 3 or 4 in respect of an individual unless the information is authorized to be disclosed in accordance with the Table to this section. Interpretation, “pardon” (2) In the Table, “pardon” includes a record suspension within the meaning of the Criminal Records Act (Canada). TABLE AUthorized Disclosure Item Column 1 Type of Information Column 2 Criminal record check Column 3 Criminal record and judicial matters check Column 4 Vulnerable sector check 1. Every criminal offence of which the individual has been convicted for which a pardon has not been issued or granted. Disclose. However, do not disclose convictions for an offence that may be prosecuted only by way of summary…