781755088/96086/tlc96086_f

E4tlc96086

Introductory Provisions

Definitions

In this Act:

administrator means the person designated by regulation as the

administrator of the prescribed program;

applicant for registration means a person who, under any of the enactments referred to in

Schedule 2, is

applying for registration, or

engaged in a type of process that, if successful, will result in the person being authorized under the enactment to provide services as a registered service provider;

child means an individual under 19 years of age;

conviction includes

a conviction for an attempt to commit a relevant offence or specified

offence,

a conditional discharge,

a conviction for which a pardon has been granted by the National Parole Board,

continued under the Corrections and Conditional Release Act

(Canada),

a disposition, made before April 1, 2003, under the Young Offenders Act (Canada) as it

then was,

a sentence under the Youth Criminal Justice Act

(Canada),

the use of alternative measures under

section 717 of the Criminal Code to deal with an

alleged commission of a relevant offence or specified offence, and

an order under sections 810, 810.1 and 810.2 of the Criminal Code ;

criminal record check means a criminal record check under this

Act;

criminal record check authorization means an authorization for a

criminal record check referred to in

section 27;

criminal record check verification means a criminal record check

verification under this Act;

criminal record check verification authorization means an

authorization for a criminal record check verification referred to in

section

27.01;

deputy registrar means a person appointed under the Public

Service Act as deputy registrar for the purposes of this

Act;

director of certification means the director of certification

appointed under the Teachers Act ;

education institution means a post secondary institution that offers

an education program;

education program means an education program, offered by an education

institution,

that includes a practicum component involving work with children or work with

vulnerable adults, and

the successful completion of which is a requirement for

registration to be regulated by a governing body that is designated, for the purposes of this provision, by regulation,

certification under the Teachers

Act , or

iii

issuance of a diploma or certificate by the education

institution;

employee means an individual who is employed by an employer and

includes an independent contractor who has entered into an agreement with an

employer;

employer means

the government,

an agency of the government,

a board as defined in the School

Act ,

c.1

a francophone education authority as defined in the School

Act ,

a public body as defined in the Health Authorities

Act or a regional health board established under that Act that

operates or provides funding to

a hospital as defined by

section 1 of the Hospital

Act ,

a Provincial mental health facility, a psychiatric unit or a society as

defined by

section 1 of the Mental Health

Act or a mental health clinic or mental health service

established by regulations under

section 43 of that Act,

iii

a facility or service related to medical or health care, or

a private hospital as defined in

section 5 of the Hospital

Act ,

a board, commission, council or other body of persons, whether or not

incorporated, all the members of which or all the members of the board of management

or board of directors of which are appointed by

an Act, an order of the Lieutenant

Governor in Council or a minister of the government,

a corporation more than 50% of the shares or ownership of which is directly or

indirectly vested in the government,

an individual or corporation that receives operating funds from the

government, other than a board or public body referred to in paragraph

(

c) or (d),

an authority as defined in the Independent School

Act ,

h.1

the employer of staff at a community care facility, as defined in the

Community Care and Assisted Living Act , that is

exempted under

section 34 (5) (

d) of that Act,

the holder of a licence issued under the Community Care and

Assisted Living Act ,

i.1

a registrant as defined in

section 1 of the Community Care and

Assisted Living Act , or

a registered service provider who employs one or more individuals to assist the registered service provider in practising that registered service provider's profession or occupation;

First Nations Education Authority has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);

FNEA certified teacher has the same meaning as in

section 1 of the Teachers Act ;

FNEA teaching certificate has the same meaning as in

section 1 of the Teachers Act ;

governing body means an organization established or continued under

any of the enactments referred to in

Schedule 2;

minister means the minister charged by the Lieutenant Governor in

Council with the administration of this Act;

municipality includes

a regional district, and

an improvement district;

operating funds means ongoing, regular funding for core programs or

staff;

outstanding charge means a charge or an application under a provision

enumerated in

Schedule 1 or

Schedule 3 for which an information has been sworn or

an application has been made that has not yet resulted in a conviction, acquittal or

order by the court;

portable criminal record check means a criminal record check, for an

individual, that meets both of the following requirements:

the authorization for the criminal record check was signed by the individual

within 5 years of the date of a criminal record check verification

authorization;

the criminal record check did not result in a determination that the

individual who authorized the criminal record check presents a risk of physical or

sexual abuse to children or a risk of physical, sexual or financial abuse to

vulnerable adults;

post secondary institution means any of the following:

a university under the University

Act ;

the University of Northern British Columbia;

the Royal Roads University;

the Thompson Rivers University;

an institution as defined in the College and

Institute Act ;

registered service provider means a person who is regulated by a governing body under any of the enactments referred to in

Schedule 2;

registered specified organization means a specified organization that

is registered under

section 24.1;

registered student means a student registered with an education

institution in an education program;

registrar means a person appointed under the Public Service

Act as registrar for the purposes of this Act;

registration includes a licence, permit, certification or letter of

permission under any of the enactments referred to in

Schedule 2;

relevant offence means

a provision designated in

Schedule 1 as a relevant offence and includes a

predecessor to that provision, and

an offence in a jurisdiction outside Canada that is, in the opinion of the

registrar, similar to an offence referred to in paragraph (a);

specified offence means

a relevant offence,

a provision designated in

Schedule 3 as a specified offence, including a

predecessor to that provision, and

an offence in a jurisdiction outside Canada that is, in the opinion of the

registrar, similar to an offence referred to in paragraph (b);

specified organization means any of the following that, in the

opinion of the registrar, provides a benefit or service to children or vulnerable

adults:

a non-profit organization;

the government;

an agency of the government;

a municipality;

a board as defined in the School

Act ;

a francophone education authority as defined in the School

Act ;

an authority as defined in the Independent School

Act ;

a post secondary institution;

a public body as defined in the Health Authorities

Act or a regional health board established under that Act that

operates or provides funding to

a hospital as defined by

section 1 of the Hospital

Act ,

a Provincial mental health facility, a psychiatric unit or a society as

defined by

section 1 of the Mental Health

Act or a mental health clinic or mental health service

established by regulations under

section 43 of that Act,

iii

a facility or service related to medical or health care, or

a private hospital as defined in

section 5 of the Hospital

Act ;

a board, commission, council or other body of persons, whether or not

incorporated, all the members of which or all the members of the board of management

or board of directors of which are appointed by

an Act, an order of the Lieutenant

Governor in Council or a minister of the government;

a corporation more than 50% of the shares or ownership of which is directly or

indirectly vested in the government;

an individual or corporation that receives operating funds from the

government, other than a board or public body referred to in paragraph

(

e) or (i);

a community care facility, as defined in the Community Care and

Assisted Living Act , that is exempted under

section 34 (5) (

d) of that Act;

the holder of a licence issued under the Community Care and

Assisted Living Act ;

a registrant as defined in

section 1 of the Community Care and

Assisted Living Act ;

a registered service provider who uses one or more volunteers to assist the registered service provider in practising that registered service provider's profession or occupation;

any other prescribed persons or entities or prescribed classes of persons or

entities;

volunteer means an individual who

voluntarily provides services to a registered specified organization,

and

receives no monetary compensation in relation to the services or the time

spent providing the services;

vulnerable adult means an individual 19 years or older who receives

health services, other than acute care, from a hospital, facility, unit, society,

service, holder or registrant referred to in paragraph (d), (h.1),

(

i) or (i.1) of the definition of "employer";

work with children means working with children directly or having or

potentially having unsupervised access to children

in the ordinary course of employment,

in the practice of an occupation,

during the course of an education program, or

while providing services as a volunteer;

work with vulnerable adults means working with vulnerable adults

directly or having or potentially having unsupervised access to vulnerable

adults

in the ordinary course of employment,

in the practice of an occupation,

during the course of an education program, or

while providing services as a volunteer.

Purpose

The purposes of this Act are to help prevent

the physical and sexual abuse of children, and

the physical, sexual and financial abuse of vulnerable adults

by requiring individuals to whom this Act applies to undergo criminal record

checks.

Nothing in this Act is to be interpreted so as to diminish any other

requirements that may be imposed under an agreement or any other law on those who work

with children or work with vulnerable adults.

Equivalent standards

The registrar may exempt an individual, person or entity from all or any provision

of this Act if the registrar is satisfied that the individual, person or entity is subject

to a criminal record check process that meets or exceeds the requirements of this

Act.

Criminal Record Check and Reconsideration

Criminal record check

When the registrar receives a criminal record check authorization and the

prescribed fee, if any, the registrar must carry out a criminal record check on the

individual who authorized the criminal record check.

If the registrar determines that the individual who is the subject of the

criminal record check has an outstanding charge relating to a relevant offence or

specified offence or has been convicted of a relevant offence or specified offence, the

registrar must

refer the matter to the deputy registrar to determine whether the conviction

or outstanding charge indicates that the individual presents a risk of physical or

sexual abuse to children or a risk of physical, sexual or financial abuse to

vulnerable adults, and

provide to the individual who authorized the criminal record check and the

following persons and entities notification that the individual has an outstanding

charge relating to a relevant offence or specified offence or that the individual has

been convicted of a relevant offence or specified offence and that the matter has been

referred to the deputy registrar:

the employer, if the individual is an employee or applicant for

employment;

the governing body, if the individual is a registered service provider or an applicant

for registration;

iii

the administrator, if the individual is a child care provider or an

applicant as defined in

Part 5;

the education institution, if the individual is a registered

student;

the director of certification, if the individual is an individual referred

to in

section 17.5 (1);

the registered specified organization, if the individual is a volunteer or

an applicant for volunteering;

vii

[Not in force.]

viii

the First Nations Education Authority and the minister responsible for the administration of the Teachers Act , if the individual is an FNEA certified teacher or an applicant for an FNEA teaching certificate.

In making a determination under subsection (2) (a), the deputy

registrar must consider the following:

whether the behaviour associated with

the relevant offence would, if repeated, pose a threat of physical or sexual

abuse to children, or

the specified offence would, if repeated, pose a threat of physical, sexual

or financial abuse to vulnerable adults;

the circumstances of the offence including the age of the individual at the

time of the offence and the existence of any extenuating circumstances;

any other factors that the deputy registrar considers relevant including,

without restriction, the time elapsed since the occurrence of the offence or alleged

offence, subsequent actions of the individual, the likelihood of the individual

repeating a similar kind of behaviour and any attempts at rehabilitation.

The deputy registrar must promptly provide notification

to the individual who authorized the criminal record check, and

to the persons or entities that were provided with a notification under

subsection

(2) (

b) of a determination under subsection (2) (

a) that the individual does not present a risk of physical or sexual abuse to

children or a risk of physical, sexual or financial abuse to vulnerable

adults.

4.1

The deputy registrar must promptly provide notification

to the individual who authorized the criminal record check, and

to the persons or entities that were provided with a notification under

subsection

(2) (

b) of a determination under subsection (2) (

a) that the individual presents a risk of physical or sexual abuse to children or a

risk of physical, sexual or financial abuse to vulnerable adults.

4.2

In addition to providing the notification under subsection (4.1), the deputy

registrar must,

determine if another person or entity, within 5 years of the date of the

criminal record check authorization,

was identified in a criminal record check authorization or a criminal record

check verification authorization in respect of the individual who is the subject of

the determination under subsection (2) (a), or

received a notification from the registrar or deputy registrar under this

Part or

Part 2.1 in respect of the individual who is the subject of the

determination under subsection (2) (a),

if there is a person or entity described in paragraph (a), take reasonable

steps to determine if the individual continues to work with children or work with

vulnerable adults for the person or entity, and

if the deputy registrar determines that the individual continues to work with

children or work with vulnerable adults for the person or entity, provide notification

to that person or entity that the individual presents a risk of physical or sexual

abuse to children or a risk of physical, sexual or financial abuse to vulnerable

adults.

The deputy registrar must provide written reasons for the determination under

subsection

(2) (

a) to the individual who is the subject of the determination, if the

individual so requests, and to any of the following persons or entities, if the person

or entity so requests:

the employer, if the individual is an employee or applicant for

employment;

the governing body, if the individual is a registered service provider or an applicant

for registration;

the administrator, if the individual is a child care provider or an applicant

as defined in

Part 5;

the education institution, if the individual is a registered

student;

the director of certification, if the individual is an individual referred to

section

17.5 (1);

[Not in force.]

the First Nations Education Authority and the minister responsible for the administration of the Teachers Act , if the individual is an FNEA certified teacher or an applicant for an FNEA teaching certificate.

Completion of criminal record check

4.1

If, when carrying out a criminal record check under

section 4 and after the

registrar has made a determination under

section 4 (2) that the

individual who is the subject of the criminal record check has an outstanding charge

relating to a relevant offence or specified offence or has been convicted of a relevant

offence or specified offence,

the registrar is requested not to proceed with the criminal record check,

the registered specified organization identified in the criminal record check

authorization deregisters under

section 24.2,

the registrar must refer the matter to the deputy registrar, if the registrar

has not already referred the matter to the deputy registrar, and the deputy registrar

must take the actions set out in this section.

The deputy registrar must do the following if subsection (1)

applies:

determine if another person or entity, within 5 years of the date of the

criminal record check authorization,

was identified in a criminal record check authorization or a criminal record

check verification authorization in respect of the individual, or

received a notification from the registrar or deputy registrar under this

Part or

Part 2.1 in respect of the individual;

if there is a person or entity described in paragraph (a), take reasonable

steps to determine if the individual continues to work with children or work with

vulnerable adults for the person or entity;

if the deputy registrar determines that the individual continues to work with

children or work with vulnerable adults for the person or entity, determine whether

the conviction or outstanding charge indicates that the individual presents a risk of

physical or sexual abuse to children or a risk of physical, sexual or financial abuse

to vulnerable adults.

In making a determination under subsection (2) (

c) of this section, the deputy

registrar must consider the factors set out in

section 4 (3).

If the deputy registrar makes a determination under subsection (2)

(

c) that the individual presents a risk of physical or sexual abuse to

children or a risk of physical, sexual or financial abuse to vulnerable adults, the

deputy registrar must promptly provide notification of the determination

to the individual who is the subject of the determination, and

to the persons and entities described in subsection (2) (a).

Reconsideration

The individual who is the subject of a criminal record check may request a

reconsideration of the determination of the deputy registrar under

section 4 or 4.1 by

serving the registrar with written notice within 30 days after the day on which the

deputy registrar notifies the individual of the determination.

When the registrar receives a notice within the time limit for requesting a

reconsideration under subsection (1), the registrar must review the deputy

registrar's determination and any records on which it was based and may, but need not,

do one or both of the following in conducting the review:

request additional information from the person requesting the

reconsideration;

convene a hearing.

For the purposes of a hearing referred to in subsection (2) (b), the

registrar, by summons, may require a person

to attend as a witness, at a place and time mentioned in the summons, which

time must be a reasonable time from the date of the summons, and

to bring and produce before the registrar all documents, writings, books,

deeds and papers in the person's possession, custody or power touching or in any way

relating to the subject matter of the review.

A person named in and served with a summons referred to in subsection

(3) must attend before the registrar and answer on oath, unless the

registrar directs otherwise, all questions touching the subject matter of the inquiry,

and produce all documents, writings, books, deeds and papers in accordance with the

summons.

When the registrar exercises a power under subsection (3), a person who

fails or refuses to comply with subsection (4) is liable, on application to the

Supreme Court, to be committed for contempt as if in breach of an order or judgment of

the Supreme Court.

After conducting a review under subsection (2), the registrar

must

confirm the determination of the deputy registrar, or

overturn the determination of the deputy registrar and direct that the

individual does not present a risk of physical or sexual abuse to children or does not

pose a threat of physical, sexual or financial abuse to vulnerable adults.

The registrar must promptly provide notification of a decision under subsection

(6) (

a) or (

b) to the individual who is the subject of the decision and to the persons

or entities that were provided with a notification under

section 4 (4.1) or (4.2) or 4.1

(4), as applicable.

The registrar must provide written reasons for the decision under subsection (6)

(

a) or (

b) to the individual who is the subject of the decision, if the

individual so requests, and to any of the following persons or entities, if the person

or entity so requests:

the employer, if the individual is an employee or applicant for

employment;

the governing body, if the individual is a registered service provider or an applicant

for registration;

the administrator, if the individual is a child care provider or an applicant

as defined in

Part 5;

the education institution, if the individual is a registered

student;

the director of certification, if the individual is an individual referred to

section

17.5 (1);

[Not in force.]

the First Nations Education Authority and the minister responsible for the administration of the Teachers Act , if the individual is an FNEA certified teacher or an applicant for an FNEA teaching certificate.

Use of information

The following persons must provide any records that the registrar or deputy

registrar may, by order, require for the purpose of making a determination under this

Part with respect to an individual:

the employer, if the individual is an employee or an applicant for

employment;

the governing body, if the individual is a registered service provider or an applicant

for registration;

the administrator, if the individual is a child care provider or an applicant

as defined in

Part 5;

the education institution, if the individual is a registered student or an individual who applies for registration ;

the director of certification, if the individual is an individual referred to

section

17.5 (1);

the commissioner of the provincial police service and a chief constable as

defined in

section 1 of the Police

Act ;

the registered specified organization, if the individual is a volunteer or an

applicant for volunteering;

[Not in force.]

the minister responsible for the administration of the Teachers Act , if the individual is an FNEA certified teacher or an applicant for an FNEA teaching certificate.

If the registrar, the deputy registrar or any other person is required to

disclose any of the following information to an employer, governing body or other person

under this Act, that information must be disclosed only in accordance with the

provisions of the Youth Criminal Justice Act

(Canada):

a sentence under the Youth Criminal Justice Act

(Canada);

a disposition made before April 1, 2003 under the Young Offenders Act (Canada) as it

then was;

any other information contained in youth records under those Acts.

Information provided under this Act must not be used or disclosed for any

purpose other than the purpose set out in

section 2 of this Act or in

section 33 (3) (

a) or (

d) or 44 (2) or (3) of the Freedom of Information

and Protection of Privacy Act .

Subsection

(3) applies despite any provision of the Freedom of Information

and Protection of Privacy Act other than the provisions of that

Act referred to in subsection (3).

2.1

Criminal Record Check Verification

Criminal record check verification

6.1

When the registrar receives a criminal record check verification authorization

and the prescribed fee, if any, the registrar must carry out a criminal record check

verification to determine if the individual who authorized the criminal record check

verification has a portable criminal record check.

If the registrar determines that the individual has a portable criminal record

check, the registrar must promptly provide notification to the persons and entities

identified in the criminal record check verification authorization that the individual

has a portable criminal record check.

If the registrar determines that the individual does not have a portable

criminal record check because the individual has never undergone a criminal record check

or the individual underwent a criminal record check more than 5 years before the date of

the criminal record check verification authorization, the registrar must promptly

provide notification to the individual that the individual does not have a portable

criminal record check.

If the registrar determines that the individual does not have a portable

criminal record check because a criminal record check in respect of the same individual

carried out within 5 years of the date of the criminal record check verification

authorization resulted in a determination that the individual presents a risk of

physical or sexual abuse to children or a risk of physical, sexual or financial abuse to

vulnerable adults, the registrar must promptly provide notification to the individual

and to the persons and entities identified in the criminal record check verification

authorization that

the individual does not have a portable criminal record check, and

a criminal record check in respect of the individual carried out

within 5 years of the criminal record check verification authorization resulted in a

determination that the individual presents a risk of physical or sexual abuse to

children or a risk of physical, sexual or financial abuse to vulnerable

adults.

Employers and Employees

Application of

Part 3

[Repealed 2013-8-8.]

This Part applies to employers and employees other than

an employee who is subject to a criminal record check

under

Part 4 as a registered service provider ,

i.1

under

Part 4.1 as a registered student, or

under

Part 4.2 as an individual who applies for or holds

a certificate of qualification or an independent school teaching certificate issued

under the Teachers Act ,

subject to subsection (3), a post secondary institution or an

employee of a post secondary institution, or

a municipality or an employee of a municipality.

This Part applies to child care facilities operated by a post secondary

institution and to the employees of the post secondary institution who work at those

child care facilities.

General duty of employers

Subject to subsection (1.1), an employer must ensure that every

individual who is hired for employment involving work with children or work with

vulnerable adults and every employee who works with children or works with vulnerable

adults undergoes

a criminal record check, or

a criminal record check verification.

1.1

An employer may require an applicant for employment or an employee to undergo a

criminal record check even if the applicant or employee could undergo a criminal record

check verification.

Despite subsection (1), an employer must not require an applicant for employment

to authorize a criminal record check or criminal record check verification unless the

employer has offered employment to the applicant.

The employer must inform individuals of the requirements of this Act if those

individuals are employed by or are applicants for employment with the employer in a job

that involves working with children or working with vulnerable adults.

Applicants for employment

When an individual is offered employment that involves working with children or

working with vulnerable adults, the individual must provide to the employer a criminal

record check authorization or a criminal record check verification authorization, as

applicable.

An employer must not employ an applicant in a job that involves working with

children or working with vulnerable adults unless the applicant has complied with

subsection

(1).

Existing employees

An employee who works with children or works with vulnerable adults

must

undergo a criminal record check at least once every 5 years, and

provide to the employee's employer a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the employee provided to the employer the employee's last criminal record check authorization or criminal record check verification authorization.

If an employee does not provide a criminal record check authorization or a

criminal record check verification authorization as required by subsection (1) or

section 12,

the employee must not work with children or work with vulnerable adults until

the employee has provided the criminal record check authorization or criminal record

check verification authorization, as applicable, and

the employer of the employee must ensure that the employee does not work with

children or work with vulnerable adults until the employee has provided a criminal

record check authorization or criminal record check verification authorization, as

applicable.

No portable criminal record check

10.1

If the registrar determines, in a criminal record check verification under

Part

2.1, that an individual does not have a portable criminal record check

because the individual has never undergone a criminal record check or the individual

underwent a criminal record check more than 5 years before the date of the criminal record

check verification authorization,

if the individual is an applicant for employment, the employer must ensure that

the individual is not hired for a job that involves working with children or working

with vulnerable adults until the individual provides a criminal record check

authorization, or

if the individual is an employee, the employer must ensure that the individual

does not work with children or work with vulnerable adults until the individual provides

a criminal record check authorization.

Effect of finding of risk — working with children

If the deputy registrar determines, in a criminal record check under

Part 2, that

an outstanding charge or conviction indicates that the individual presents a risk of

physical or sexual abuse to children and unless that determination is overturned by the

registrar under

section 5,

if the individual is an applicant for employment, the employer must ensure

that the individual is not hired for a job that involves working with children,

if the individual is an employee, the employer must ensure that the employee

does not work with children.

If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because a

criminal record check in respect of the same individual carried out within 5 years of

the date of the criminal record check verification authorization resulted in a

determination that the individual presents a risk of physical or sexual abuse to

children,

if the individual is an applicant for employment, the employer must ensure

that the individual is not hired for a job that involves working with children,

if the individual is an employee, the employer must ensure that the individual

does not work with children.

Effect of finding of risk — working with vulnerable

adults

11.1

If the deputy registrar determines, in a criminal record check under

Part 2, that

an outstanding charge or conviction indicates that the individual presents a risk of

physical, sexual or financial abuse to vulnerable adults and unless that determination

is overturned by the registrar under

section 5,

if the individual is an applicant for employment, the employer must ensure

that the individual is not hired for a job that involves working with vulnerable

adults, or

if the individual is an employee, the employer must ensure that the employee

does not work with vulnerable adults.

If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because a

criminal record check in respect of the same individual carried out within 5 years of

the date of the criminal record check verification authorization resulted in a

determination that the individual presents a risk of physical, sexual or financial abuse

to vulnerable adults,

if the individual is an applicant for employment, the employer must ensure

that the individual is not hired for a job that involves working with vulnerable

adults, or

if the individual is an employee, the employer must ensure that the individual

does not work with vulnerable adults.

New convictions or outstanding charges

If an employee who works with children or works with vulnerable adults is

charged with or convicted of a relevant offence or specified offence subsequent to a

criminal record check or criminal record check verification, the employee must promptly

report the charge or conviction to the employee's employer and provide to the employer a

criminal record check authorization for a further criminal record check.

When an employer becomes aware that

an employee who works with children has an outstanding charge for, or has been

convicted of, a relevant offence, or

an employee who works with vulnerable adults has an outstanding charge for, or

has been convicted of, a specified offence,

the employer must require the employee to provide a criminal record check

authorization for a further criminal record check.

If an employee is also a registered service provider , the employer must take reasonable

steps to notify the registered service provider's governing body that the employer is taking

action under subsection (2).

Registered Service Providers

General duty of governing body

Subject to subsection (2), a governing body must ensure that a registered service provider who is regulated by, and every applicant for registration who makes an application to, the governing body undergoes

a criminal record check, or

a criminal record check verification.

A governing body may require an individual referred to in subsection (1) to undergo a criminal record check even if the individual could undergo a criminal record check verification.

The governing body must inform individuals of the requirements of this Act if those individuals are individuals referred to in subsection (1).

Applicants for registration

An applicant for registration must provide to the governing body a criminal record check authorization or a criminal record check verification authorization, as applicable, before the individual

may be granted registration by the governing body, or

is authorized, under the enactment that governs the governing body, to provide services as a registered service provider.

Unless an applicant for registration complies with subsection (1), a governing body must not grant registration to the applicant or otherwise acknowledge that the applicant is authorized, under the enactment that governs the governing body, to provide services as a registered service provider.

Existing registered service providers

A registered service provider must

undergo a criminal record check at least once every 5 years, and

provide to the registered service provider's governing body a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the individual provided to the governing body the individual's last criminal record check authorization or criminal record check verification authorization.

If a registered service provider does not provide the criminal record check authorization or criminal record check verification authorization as required by subsection (1) of this

section or

section 17,

the individual must not work with children or with vulnerable adults until that individual has provided the criminal record check authorization or criminal record check verification authorization, as applicable, and

the governing body must investigate or review the individual's authority to provide services as a registered service provider and take appropriate action under the Act that governs the governing body.

If a registered service provider carries on the individual's profession or occupation as an employee, the governing body must take reasonable steps to notify the individual's employer that the governing body is taking action under subsection (2) (b).

No portable criminal record check

15.1

If the registrar determines, in a criminal record check verification under

Part

2.1, that an individual does not have a portable criminal record check

because the individual has never undergone a criminal record check or the individual

underwent a criminal record check more than 5 years before the date of the criminal record

check verification authorization,

if the individual is an applicant for registration, the governing body must

ensure that the individual is not registered until the individual provides a criminal

record check authorization, or

if the individual is a registered service provider , the individual must not work with

children or work with vulnerable adults until the individual provides a criminal record

check authorization.

Effect of finding of risk

If the deputy registrar determines, in a criminal record check under

Part 2, that

an outstanding charge or conviction indicates that the individual presents a risk of

physical or sexual abuse to children or a risk of physical, sexual or financial abuse to

vulnerable adults and unless that determination is overturned by the registrar under

section 5, the governing body must investigate or review the individual's authority to provide services as a registered service provider or, if the individual is an applicant for registration, the individual's application and take appropriate action under the Act that governs

the governing body.

1.1

If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because a

criminal record check in respect of the same individual carried out within 5 years of

the date of the criminal record check verification authorization resulted in a

determination that the individual presents a risk of physical or sexual abuse to

children or a risk of physical, sexual or financial abuse to vulnerable adults, the governing body must investigate or review the individual's authority to provide services as a registered service provider or, if the individual is an applicant for registration, the individual's application and take appropriate action under the Act that governs the governing

body.

If a registered member carries on the registered member's occupation as an employee, the

governing body must take reasonable steps to notify the registered member's employer

that the governing body is taking action under subsection (1) or (1.1) and

that the action is with respect to a risk to children or to vulnerable adults, whichever

is applicable.

An employer who is notified under subsection (2) must ensure that

the employee does not

work with children, if the notification indicates that an action is being

taken with respect to a risk to children, or

work with vulnerable adults, if the notification indicates that an action is

being taken with respect to a risk to vulnerable adults.

New convictions or outstanding charges

If a registered service provider is charged with or convicted of a relevant offence or a specified offence subsequent to a criminal record check or criminal record check verification, the individual must promptly report the charge or conviction to the individual's governing body and provide to the governing body a criminal record check authorization for a further criminal record check.

When a governing body becomes aware that a registered service provider has an outstanding

charge for, or has been convicted of, a relevant offence or a specified offence, the

governing body must require the registered service provider to provide a criminal record check

authorization for a further criminal record check.

If a registered service provider carries on the individual's profession or occupation as an employee, the governing body must take reasonable steps to notify the individual's employer that the governing body is taking action under subsection (2) and that the action is with respect to a risk to children or to vulnerable adults, whichever is applicable.

An employer who is notified under subsection (3) must ensure that

the employee does not

work with children, if the notification indicates that an action is being

taken with respect to a risk to children, or

work with vulnerable adults, if the notification indicates that an action is

being taken with respect to a risk to vulnerable adults

until the employee has provided a criminal record check authorization for a

further criminal record check under subsection (1) or (2).

4.1

Registered Students

General duty of education institutions

17.1

Subject to subsection (1.1), an education institution must ensure

that every registered student who will work with children or work with vulnerable adults

undergoes

a criminal record check, or

a criminal record check verification.

1.1

An education institution may require a registered student to undergo a criminal

record check even if the registered student could undergo a criminal record check

verification.

An education institution must inform registered students of the requirements of

this Act.

Registered students

17.2

Before working with children or working with vulnerable adults, a registered

student must provide to the registered student's education institution a criminal record check

authorization or a criminal record check verification authorization, as

applicable.

A registered student must not work with children or work with vulnerable adults

unless the registered student has complied with subsection (1).

No portable criminal record check

17.21

If the registrar determines, in a criminal record check verification under

Part

2.1, that a registered student does not have a portable criminal record check

because the registered student has never undergone a criminal record check or the

registered student underwent a criminal record check more than 5 years before the date of

the criminal record check verification authorization, the education institution must

ensure the registered student does not work with children or work with vulnerable adults

as a registered student until the registered student provides a criminal record check

authorization.

Effect of finding of risk — working with children

17.3

If the deputy registrar determines, in a criminal record check under

Part 2, that

an outstanding charge or a conviction indicates that a registered student presents a

risk of physical or sexual abuse to children and unless that determination is overturned

by the registrar under

section 5, the education institution must ensure that the

registered student does not work with children as a registered student.

If the registrar determines, in a criminal record check verification under

Part 2.1, that a registered student does not have a portable criminal record check

because a criminal record check in respect of the same individual carried out within 5

years of the date of the criminal record check verification authorization resulted in a

determination that the registered student presents a risk of physical or sexual abuse to

children, the education institution must ensure that the registered student does not

work with children as a registered student.

Effect of finding of risk — working with vulnerable

adults

17.31

If the deputy registrar determines, in a criminal record check under

Part 2, that

an outstanding charge or a conviction indicates that a registered student presents a

risk of physical, sexual or financial abuse to vulnerable adults and unless that

determination is overturned by the registrar under

section 5, the education institution

must ensure that the registered student does not work with vulnerable adults as a

registered student.

If the registrar determines, in a criminal record check verification under

Part 2.1, that a registered student does not have a portable criminal record check

because a criminal record check in respect of the same individual carried out within 5

years of the date of the criminal record check verification authorization resulted in a

determination that the registered student presents a risk of physical, sexual or

financial abuse to vulnerable adults, the education institution must ensure that the

registered student does not work with vulnerable adults as a registered

student.

New convictions or outstanding charges

17.4

If a registered student who works with children or works with vulnerable adults

is charged with or convicted of a relevant offence or specified offence subsequent to a

criminal record check or criminal record check verification, the registered student must

promptly report the charge or conviction to the education institution and provide to the

education institution a criminal record check authorization for a further criminal

record check.

When an education institution becomes aware that a registered student who works

with children or works with vulnerable adults has an outstanding charge for, or has been

convicted of, a relevant offence or specified offence, the education institution must

require the registered student to provide a criminal record check authorization for a

further criminal record check.

4.2

Director of Certification

Definitions

17.41

In this Part:

certificate means a certificate of qualification or an independent

school teaching certificate issued under

section 30 of the Teachers

Act ;

certificate holder means an individual who holds a

certificate;

letter of permission means a letter of permission issued under

section 35 of the Teachers Act .

General duty of director of certification

17.5

Subject to subsection (1.1), the director of certification must

ensure that every individual who applies for a certificate, every certificate holder and

every individual who applies for a letter of permission undergoes

a criminal record check, or

a criminal record check verification.

1.1

The director of certification may require an individual described in subsection

(1) to undergo a criminal record check even if the individual could undergo

a criminal record check verification.

The director of certification must inform individuals referred to in subsection

(1) of the requirements of this Act.

Applicants for certificates and letters of permission

17.6

Before a certificate or a letter of permission is issued, an applicant must

provide to the director of certification a criminal record check authorization or a

criminal record check verification authorization, as applicable.

If an applicant does not comply with subsection (1), the director of

certification must not issue to the applicant a certificate or a letter of permission,

as applicable.

Existing certificate holders

17.7

A certificate holder must

undergo a criminal record check at least once every 5 years, and

provide to the director of certification a criminal record check authorization

or a criminal record check verification authorization, as applicable, at least once

every 5 years after the date on which the certificate holder provided to the director

of certification the certificate holder's last criminal record check authorization or

criminal record check verification authorization.

If a certificate holder does not provide a criminal record check authorization

or a criminal record check verification authorization as required by subsection (1) or

section

17.9, the director of certification must take appropriate action under the

Teachers Act .

No portable criminal record check

17.71

If the registrar determines, in a criminal record check verification under

Part

2.1, that an applicant for a certificate, a certificate holder or an

applicant for a letter of permission does not have a portable criminal record check

because the applicant for a certificate, the certificate holder or the applicant for a

letter of permission has never undergone a criminal record check or the applicant for a

certificate, the certificate holder or the applicant for a letter of permission underwent

a criminal record check more than 5 years before the date of the criminal record check

verification authorization, the director of certification must take appropriate action

under the Teachers Act .

Effect of finding risk

17.8

If the deputy registrar determines, in a criminal record check under

Part 2, that

an outstanding charge or conviction indicates that an applicant for a certificate, a

certificate holder or an applicant for a letter of permission presents a risk of

physical or sexual abuse to children or a risk of physical, sexual or financial abuse to

vulnerable adults and unless that determination is overturned by the registrar under

section 5, the director of certification must take appropriate action under the

Teachers Act .

If the registrar determines, in a criminal record check verification under

Part 2.1, that an applicant for a certificate, a certificate holder or an applicant for

a letter of permission does not have a portable criminal record check because a criminal

record check in respect of the same individual carried out within 5 years of the date of

the criminal record check verification authorization resulted in a determination that

the applicant for a certificate, the certificate holder or the applicant for a letter of

permission presents a risk of physical or sexual abuse to children or a risk of

physical, sexual or financial abuse to vulnerable adults, the director of certification

must take appropriate action under the Teachers

Act .

New convictions or outstanding charges

17.9

If a certificate holder is charged with or convicted of a relevant offence or

specified offence subsequent to a criminal record check or criminal record check

verification, the certificate holder must promptly report the charge or conviction to

the director of certification and provide to the director of certification a criminal

record check authorization for a further criminal record check.

When the director of certification becomes aware that a certificate holder has

an outstanding charge for, or has been convicted of, a relevant offence or specified

offence, the director of certification must require the person to provide a criminal

record check authorization for a further criminal record check.

Unlicensed Family Child Care Providers

Definitions

In this Part:

applicant means an individual who operates or who intends to operate

an unlicensed family child care facility and requests registration for the facility

under a prescribed program;

child care provider means an individual who operates an unlicensed

family child care facility and who is registered under a prescribed program;

unlicensed family child care facility means a facility that offers

child care to one or 2 children not related by blood or marriage to the operator of the

facility.

General duty of administrator

Subject to subsection (1.1), the administrator must ensure that

every applicant and every child care provider undergoes

a criminal record check, or

a criminal record check verification.

1.1

The administrator may require an applicant or a child care provider to undergo a

criminal record check even if the applicant or child care provider could undergo a

criminal record check verification.

The administrator must inform an individual of the requirements of this Act if

that individual is a child care provider or requests registration as a child care

provider.

Registration under prescribed program

When an individual applies for registration under a prescribed program, the

individual must provide to the administrator a criminal record check authorization or a

criminal record check verification authorization, as applicable.

The administrator must not register an applicant who has not complied with

subsection (1) and

section 24.

Existing child care providers

A child care provider must

undergo a criminal record check at least once every 5 years, and

provide to the administrator a criminal record check authorization or a

criminal record check verification authorization, as applicable, at least once every 5

years after the date on which the child care provider provided to the administrator

the child care provider's last criminal record check authorization or criminal record

check verification authorization.

If a child care provider does not provide the criminal record check

authorization or criminal record check verification authorization as required by

subsection (1) or

section 23,

the child care provider must not work with children until the child care

provider has provided the criminal record check authorization or criminal record check

verification authorization, as applicable, and

the administrator must revoke the registration of a child care provider who

has not provided the criminal record check authorization or criminal record check

verification authorization, as applicable.

No portable criminal record check

21.1

If the registrar determines, in a criminal record check verification under

Part

2.1, that an individual does not have a portable criminal record check

because the individual has never undergone a criminal record check or the individual

underwent a criminal record check more than 5 years before the date of the criminal record

check verification authorization,

if the individual is an applicant, the administrator must not register the

individual until the individual provides a criminal record check authorization,

if the individual is a child care provider, the individual must not work with

children until the individual provides a criminal record check authorization.

Effect of finding of risk

If the deputy registrar determines, in a criminal record check under

Part 2, that

an outstanding charge or conviction indicates that the individual presents a risk of

physical or sexual abuse to children and unless that determination is overturned by the

registrar under

section 5,

if the individual is an applicant, the administrator must not register the

individual, or

if the individual is a child care provider, the administrator must revoke the

registration of the individual under the prescribed program.

1.1

If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because a

criminal record check in respect of the same individual carried out within 5 years of

the date of the criminal record check verification authorization resulted in a

determination that the individual presents a risk of physical or sexual abuse to

children,

if the individual is an applicant, the administrator must not register the

individual, or

if the individual is a child care provider, the administrator must revoke the

registration of the individual under the prescribed program.

The administrator must inform the police service, within the meaning of

section 1.1 (a), (

b) or (

c) of the Police

Act , that is responsible for policing the area in which the

facility is located, if the administrator believes that an individual who was determined

to present a risk of physical or sexual abuse to children is continuing to operate a

child care facility.

New convictions or outstanding charges

If a child care provider is charged with or convicted of a relevant offence

subsequent to a criminal record check or criminal record check verification, the child

care provider must promptly report the charge or conviction to the administrator and

provide to the administrator a criminal record check authorization for a further

criminal record check.

When the administrator becomes aware that a child care provider has an

outstanding charge for, or has been convicted of, a relevant offence, the administrator

must require the child care provider to provide a criminal record check authorization

for a further criminal record check.

Other persons at facility

A child care provider must not permit an individual who is over the age of 12,

other than a parent of a child enrolled at the facility, to be ordinarily present on the

premises where the unlicensed family child care facility is located, during the time that

children enrolled in the facility are present, unless the child care provider has obtained

a criminal record check authorization or a criminal record check verification

authorization, as applicable, for that individual and provided it to the

administrator.

5.1

Specified Organizations and Volunteers

Registration of specified organizations

24.1

A specified organization may apply to the registrar, in the form and manner

required by the registrar, to be a registered specified organization under this

Act.

If the registrar registers a specified organization that applies under subsection

(1), the registrar must notify the specified organization that, from the

date of notification, it is a registered specified organization for the purposes of this

Act.

Deregistration of specified organizations

24.2

A registered specified organization may notify the registrar, in the form and

manner required by the registrar, that it wants to be deregistered.

A specified organization ceases to be a registered specified organization for

the purposes of this Act on the date the registrar receives notification under subsection

(1).

General duty of registered specified organizations

24.3

Subject to subsection (2), a registered specified organization

must ensure that every individual who will work with children or work with vulnerable

adults as a volunteer with the registered specified organization and every volunteer who

works with children or works with vulnerable adults with the registered specified

organization undergoes

a criminal record check, or

a criminal record check verification.

A registered specified organization may require an applicant for volunteering or

a volunteer with the registered specified organization to undergo a criminal record

check even if the applicant or volunteer could undergo a criminal record check

verification.

Despite subsection (1), a registered specified organization must not require an

applicant for volunteering with the registered specified organization to authorize a

criminal record check or a criminal record check verification, as applicable, unless the

applicant will be working with children or working with vulnerable adults as a volunteer

with the registered specified organization.

The registered specified organization must inform applicants for volunteering

and volunteers of the requirements of this Act.

Applicants for volunteering

24.4

Before working with children or working with vulnerable adults as a volunteer

with a registered specified organization, an individual must provide to the registered

specified organization a criminal record check authorization or a criminal record check

verification authorization, as applicable.

A registered specified organization must ensure that an individual does not work

with children or work with vulnerable adults as a volunteer with the registered

specified organization unless the individual has complied with subsection

(1).

Existing volunteers

24.5

A volunteer with a specified organization who works with children or works with

vulnerable adults at the time the specified organization is registered under

section 24.1

must

undergo a criminal record check at least once every 5 years, and

provide to the volunteer's registered specified organization a criminal record

check authorization or a criminal record check verification authorization, as

applicable,

within 1 year of the date of notification, under

section 24.1

(2), that the specified organization is a registered specified

organization, and

at least once every 5 years after the date on which authorization is

provided in compliance with subparagraph (i).

A volunteer with a registered specified organization who works with children or

works with vulnerable adults must

undergo a criminal record check at least once every 5 years, and

provide to the volunteer's registered specified organization a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the volunteer provided to the registered specified organization the volunteer's last criminal record check authorization or criminal record check verification authorization.

If a volunteer does not provide a criminal record check authorization or a

criminal record check verification authorization as required by subsection (1) or (2) or

section

24.9,

the volunteer must not work with children or work with vulnerable adults as a

volunteer with the registered specified organization until the volunteer has provided

the criminal record check authorization or the criminal record check verification

authorization, and

the registered specified organization must ensure that the volunteer does not

work with children or work with vulnerable adults as a volunteer with the registered

specified organization until the volunteer has provided the criminal record check

authorization or the criminal record check verification authorization.

No portable criminal record check

24.6

If the registrar determines, in a criminal record check verification under

Part

2.1, that an applicant for volunteering or a volunteer with a registered

specified organization does not have a portable criminal record check because the

applicant or volunteer has never undergone a criminal record check or the applicant or

volunteer underwent a criminal record check more than 5 years before the date of the

criminal record check verification authorization, the registered specified organization

must ensure that the applicant or volunteer does not work with children or work with

vulnerable adults as a volunteer with the registered specified organization until the

applicant or volunteer provides a criminal record check authorization.

Effect of finding of risk — working with children

24.7

If the deputy registrar determines, in a criminal record check under

Part 2, that

an outstanding charge or a conviction indicates that an applicant for volunteering or a

volunteer with a registered specified organization presents a risk of physical or sexual

abuse to children and unless that determination is overturned by the registrar under

section 5, the registered specified organization must ensure that the applicant or

volunteer does not work with children as a volunteer with the registered specified

organization.

If the registrar determines, in a criminal record check verification under

Part 2.1, that an applicant for volunteering or a volunteer does not have a portable

criminal record check because a criminal record check in respect of the same individual

carried out within 5 years of the date of the criminal record check verification

authorization resulted in a determination that the applicant or volunteer presents a

risk of physical or sexual abuse to children, the registered specified organization must

ensure that the applicant or volunteer does not work with children as a volunteer with

the registered specified organization.

Effect of finding of risk — working with vulnerable

adults

24.8

If the deputy registrar determines, in a criminal record check under

Part 2, that

an outstanding charge or a conviction indicates that an applicant for volunteering or a

volunteer with a registered specified organization presents a risk of physical, sexual

or financial abuse to vulnerable adults and unless that determination is overturned by

the registrar under

section 5, the registered specified organization must ensure that

the applicant or volunteer does not work with vulnerable adults as a volunteer with the

registered specified organization.

If the registrar determines, in a criminal record check verification under

Part 2.1, that an applicant for volunteering or a volunteer with a registered specified

organization does not have a portable criminal record check because a criminal record

check in respect of the same individual carried out within 5 years of the date of the

criminal record check verification authorization resulted in a determination that the

applicant or volunteer presents a risk of physical, sexual or financial abuse to

vulnerable adults, the registered specified organization must ensure that the applicant

or volunteer does not work with vulnerable adults as a volunteer with the registered

specified organization.

New convictions or outstanding charges

24.9

If a volunteer who works with children or works with vulnerable adults is

charged with or convicted of a relevant offence or specified offence subsequent to a

criminal record check or criminal record check verification, the volunteer must promptly

report the charge or conviction to the registered specified organization and provide to

the registered specified organization a criminal record check authorization for a

further criminal record check.

When a registered specified organization becomes aware that a volunteer who

works with children or works with vulnerable adults has an outstanding charge for, or

has been convicted of, a relevant offence or specified offence, the registered specified

organization must require the volunteer to provide a criminal record check authorization

for a further criminal record check.

General

Repealed

25-26

[Repealed 2002-52-34.]

Criminal record check authorization

The authorization for a criminal record check must

be in the form provided by the registrar,

be signed by the individual to whom the criminal record check will

relate,

include the individual's authorization to submit the individual's fingerprints if

necessary to verify the results of the criminal record check, and

include any other prescribed matter.

Criminal record check verification authorization

27.01

The authorization for a criminal record check verification must

be in the form provided by the registrar,

be signed by the individual to whom the criminal record check verification will

relate, and

include any other prescribed matter.

Waiver of fees

27.1

The registrar may waive the payment of the prescribed fee payable, if any, for a

criminal record check or for a criminal record check verification if the registrar

considers the waiver to be in the public interest.

Delegation

27.2

The registrar may delegate to a person any or all of the registrar's powers, duties

or functions, including, without restriction, powers, duties or functions relating to a

reconsideration under

section 5.

The deputy registrar may delegate to a person any or all of the deputy registrar's powers,

duties or functions, including, without restriction, powers, duties or functions

relating to a determination under

section 4.

Subsection

(2) does not apply to a power, duty or function delegated to the deputy

registrar by the registrar under subsection (1).

Offences

A person who contravenes

section 6 (1), (2) or (3), 8 (1) or (2) (b), 9 (2), 10

(2) (

a) or (b), 10.1 (

a) or (b), 11 (1) (

a) or (

b) or (2) (

a) or (b), 11.1 (1) (

a) or

(

b) or (2) (

a) or (b), 12 (2) or (3), 13 (1), 14 (2), 15 (2) (

a) or (

b) or (3), 15.1 (

a) or (b), 16 (1), (1.1), (2) or (3), 17 (2), (3) or (4), 17.1 (1), 17.2 (2), 17.21, 17.3

(1) or (2), 17.31 (1) or (2), 17.4 (2), 17.5 (1), 17.6 (2), 17.7 (2) (

a) or (b), 17.71

(

a) or (b), 17.8 (1) or (2), 17.9 (2), 19 (1), 20 (2), 21 (2), 21.1 (

a) or (b), 22 (1)

(

a) or (b), (1.1) or (2), 23 (2), 24.3 (1) or (2) (b), 24.4 (2), 24.5 (3) (

a) or (b),

24.6, 24.7 (1) or (2), 24.8 (1) or (2), 24.9 (2) or 28.1 (2) is guilty of an offence and

liable to a fine of up to $5 000.

A person who contravenes

section 10 (1), 12 (1), 15 (1) (b), 17 (1), 17.2 (1),

17.4 (1), 17.7 (1) (b), 17.9 (1), 21 (1) (b), 23 (1) or 24.9 (1) is guilty of an offence

and liable to a fine of up to $50 for each day on which the contravention

continues.

Section 5 of the Offence Act does not apply to this

Act or the regulations.

Request for records or information

28.1

The registrar may request a person who has a duty under

section 8,

13, 17.1, 17.5, 19 or 24.3 to

ensure that criminal record checks are undergone to submit records or information if the

registrar considers it necessary in determining whether the person's duty is being

performed.

A person who receives a request under subsection (1) must comply with

the request.

Power to make regulations

The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

Without restricting subsection (1), the Lieutenant Governor in Council may

make regulations as follows:

governing the procedure for criminal record checks;

a.1

[Repealed 2013-8-44.]

a.2

governing the procedure for criminal record check verifications;

a.3

for the purpose of the definition of "specified organization" in

section 1,

prescribing persons and entities and classes of persons and entities;

adding provisions to and removing provisions from

Schedule 1;

adding enactments to and removing enactments from

Schedule 2;

c.1

adding provisions to and removing provisions from

Schedule

exempting persons or classes of persons from the application of all or any

provision of this Act or the regulations;

prescribing the fee payable for a criminal record check;

e.1

prescribing the fee payable for a criminal record check

verification;

e.2

exempting persons or classes of persons from the payment of a fee for a

criminal record check or a criminal record check verification;

prescribing acceptable methods of paying the fee for a criminal record check

or a criminal record check verification;

prescribing programs for the purposes of

Part 5 and designating the

administrator of a program;

prescribing matters for the purposes of sections 27 and 27.01;

defining a word or expression used but not defined in this Act.

In making a regulation under this Act, the Lieutenant Governor in Council may do

one or more of the following:

delegate a matter to a person;

confer a discretion on a person;

make different regulations for different persons, circumstances, criminal

record checks, criminal record check authorizations, criminal record check

verifications and criminal record check verification authorizations and for different

classes of persons, circumstances, criminal record checks, criminal record check

authorizations, criminal record check verifications and criminal record check

verification authorizations;

establish or define classes of persons, circumstances, criminal record checks,

criminal record check authorizations, criminal record check verifications and criminal

record check verification authorizations.

Schedule 1

(Section 1, definition of "relevant offences")

Relevant Offences

1 The following sections of the Criminal Code are designated as

relevant offences:

section 151:

(Sexual Interference);

section 152:

(Invitation to Sexual Touching);

section 153:

(Sexual Exploitation);

section 153.1:

(Sexual Exploitation of Person with Disability);

section 155:

(Incest);

section 159:

(Anal Intercourse);

section 160:

(Bestiality);

section 161:

(Order of Prohibition);

section 162:

(Voyeurism);

section 162.1:

(Publication, etc., of an Intimate Image Without Consent);

section 163.1:

(Child Pornography);

section 170:

(Parent or Guardian Procuring Sexual Activity);

section 171:

(Householder Permitting Sexual Activity);

section 171.1:

(Making Sexually Explicit Material Available to a Child);

section 172:

(Corrupting Children);

section 172.1:

(Luring a Child);

section 172.2:

(Agreement or Arrangement — Sexual Offence);

section 173 (1):

(Indecent Acts);

section 173 (2):

(Exposure);

section 177:

(Trespassing at Night);

section 179:

(Vagrancy);

section 215:

(Duties of Persons to Provide Necessities);

section 218:

(Abandoning Child);

section 220:

(Causing Death by Criminal Negligence);

section 221:

(Causing Bodily Harm by Criminal Negligence);

section 229:

(Murder);

section 235:

(Punishment for Murder);

section 236:

(Punishment for Manslaughter);

section 237:

(Punishment for Infanticide);

section 238:

(Killing Unborn Child in Act of Birth);

section 239:

(Attempt to Commit Murder);

section 240:

(Accessory after Fact to Murder);

section 242:

(Neglect to Obtain Assistance in Child Birth);

section 243:

(Concealing Body of Child);

section 244:

(Causing Bodily Harm with Intent);

section 245:

(Administering Noxious Thing);

section 246:

(Overcoming Resistance to Commission of Offence);

section 264:

(Criminal Harassment);

section 264.1:

(Uttering Threats);

section 266:

(Assault);

section 267:

(Assault with a Weapon or Causing Bodily Harm);

section 268:

(Aggravated Assault);

section 269:

(Unlawfully Causing Bodily Harm);

section 271:

(Sexual Assault);

section 272:

(Sexual Assault with a Weapon, Threats to a Third Party or Causing

Bodily Harm);

section 273:

(Aggravated Sexual Assault);

section 273.3:

(Removal of Child from Canada);

section 279:

(Kidnapping/Forcible Confinement);

section 279.011:

(Trafficking of a Person Under the Age of Eighteen Years);

section 279.02 (2):

(Material Benefit — Trafficking of Person Under 18 Years);

section 279.03 (2):

(Withholding or Destroying Documents — Trafficking of Person Under 18 Years);

section 279.1:

(Hostage Taking);

section 280:

(Abduction of Person under Sixteen);

section 281:

(Abduction of Person under Fourteen);

section 282:

(Abduction in Contravention of Custody Order);

section 283:

(Abduction);

section 286.1 (2):

(Obtaining Sexual Services for Consideration from Person Under 18 Years);

section 286.2 (1):

(Material Benefit from Sexual Services);

section 286.2 (2):

(Material Benefit from Sexual Services Provided by Person Under 18 Years);

section 286.3 (1):

(Procuring);

section 286.3 (2):

(Procuring — Person Under 18 Years);

section 446:

(Cruelty to Animals);

section 810:

(Where Injury or Damage Feared);

section 810.1:

(Where Fear of Sexual Offence).

2 The following sections of the Controlled Drugs and Substances

Act (Canada) are designated as relevant offences:

section 5:

(Trafficking in Substances);

section 6:

(Importing and Exporting);

section 7:

(Production of Substance).

3 [Repealed B.C. Reg. 361/2007.]

4 The following sections of the Cannabis Act (Canada) are designated as relevant offences:

section 9:

(Distribution);

section 10:

(Selling);

section 11:

(Importing and Exporting);

section 12:

(Production);

section 13:

(Possession, etc., for Use in Production or Distribution of Illicit Cannabis);

section 14:

(Use of Young Person).

Schedule 2

(Section 1,

definitions of "applicant for registration", "governing body",

"registered service provider" and "registration")

Health Professions and Occupations Act

Social Workers Act

Schedule 3

(Section 1, definition of "specified offence")

Specified Offences

1 The following sections of the Criminal Code (Canada) are

designated as specified offences:

section 241: (Counseling Suicide)

section 334: (Theft)

section 336: (Criminal Breach of Trust)

section 342: (Theft, Forgery of Credit Card)

section 344: (Robbery)

section 346: (Extortion)

section 348: (Breaking and Entering)

section 349: (Unlawfully in a Dwelling)

section 351: (Possession of Break-in Instrument)

section 355: (Possession of Stolen Goods)

sections 362, 363: (False Pretences)

section 367: (Forgery)

section 368: (Uttering Forged Documents)

section 372: (False Information / Indecent Communications / Harassing Communications)

section 372: (Harassing Calls)

section 380: (Fraud)

section 402.2: (Identity Theft)

section 423: (Intimidation)

section 430: (Mischief Endangering Life)

section 433: (Arson — Disregard for Human Life)