Police Record Checks Reform Act, 2015 Naqvi, Hon. Yasir Minister of Community Safety and Correctional Services — Bill 113 (41st Parliament, 1st Session)

Bill 113, 41-1

Ontario — Bills

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Bill 113, Police Record Checks Reform Act, 2015

Naqvi, Hon. Yasir Minister of Community Safety and Correctional Services

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As Amended by Standing Committee

Royal Assent

[41] Bill 113 Royal Assent (PDF)

Bill 113 2015

An Act respecting police

record checks

CONTENTS

Interpretation

and Application

Interpretation

Application,

searches of Canadian Police Information Centre databases, etc.

Crown

bound

Disclosure

under other Acts

Manner

of Request, Manner of Response

Manner

of requesting police record check

Manner of

responding to request for police record check

Procedures

Governing Police Record Checks

Request

for police record check

Conducting

police record check

Disclosure

in accordance with

Schedule

Exceptional

disclosure of non-conviction information, vulnerable sector check

Manner

of disclosure, youth records

Disclosure

of results

Restriction,

use of information

Form

of disclosure

Additional

Requirements

Corrections

Statistics

Agreements

Requirements

respecting third party entities

Enforcement

Offence

Administrative

Matters

Directives

Review

of Act

Regulations

Regulations

Complementary

Amendments

Child

Care and Early Years Act, 2014

Long-Term

Care Homes Act, 2007

Ontario

Labour Mobility Act, 2009

Police

Services Act

Private

Security and Investigative Services Act, 2005

Regulated

Health Professions Act, 1991

Retirement

Homes Act, 2010

Commencement

and

Short Title

Commencement

Short

title

Schedule

______________

Her Majesty, by and with the advice

and consent of the Legislative Assembly of the Province of Ontario, enacts as

follows:

Interpretation and Application

Interpretation

(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), 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 proceedings or an acquittal; ("données de non-condamnation")

"police record check"

means a search described in subsection 2 (1); ("vérification de dossier de

police")

"police record check

provider" means,

(

a) a chief of

police,

(

b) a member of a

police force designated by a chief of police for the purposes of this Act,

(

c) an entity

permitted by the Royal Canadian Mounted Police to access the Canadian Police

Information Centre databases,

(

d) an authorized

body, or

(

e) a third party

entity; ("fournisseur de vérifications de dossiers de police")

"prescribed" means

prescribed by the regulations under this Act; ("prescrit")

"third party entity"

means an entity that has an agreement with a police force to provide services

related to conducting a police record check, such as intake of requests,

performance of searches or disclosure of results; ("entité tierce")

"vulnerable person"

means a person who, because of his or her age, a disability or other circumstances,

whether temporary or permanent,

(

a) is in a

position of dependency on others, or

(

b) is otherwise

at a greater risk than the general population of being harmed by a person in a

position of trust or authority towards them. ("personne vulnérable")

Same, expressions

related to police forces

(2) Expressions

used in this Act relating to police forces have the same meaning as in the Police Services Act .

Offence under Contraventions

Act (Canada)

(3) An

offence prosecuted under the Contraventions Act

(Canada) is not a criminal offence for the purposes of this Act unless a

conviction for the contravention is entered after a trial on an indictment.

Exception, non-conviction

information

(4) Non-conviction

information does not include information that is part of a record that may be

kept under

section 717.2 or 717.3 of the Criminal Code

(Canada).

Application, searches

of Canadian Police Information Centre databases, etc.

(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.

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 custody of a child by a person who is not a

parent of the child.

2. A search

required for the purpose of the Office of the Children's Lawyer representing a

child or reporting to a court under

section 112 of the Courts

of Justice Act .

3. A check

required under the Change of Name Act in respect of

an application for a change of name.

4. A search requested by the sheriff under the Juries Act .

5. A search

conducted in relation to the administration of the Firearms

Act (Canada).

6. A search

required for the purpose of carrying out the Attorney General's functions under

the Ministry of the Attorney General Act.

7. A search

required for the purpose of fulfilling the duties assigned to Crown Attorneys

and provincial prosecutors under the Crown Attorneys Act .

8. A search

requested by a children's aid society for the purpose of performing its

functions under subsection 15 (3) of the Child and Family

Services Act .

9. Any other

searches that may be prescribed.

Provincial offences

prosecutions

(3) For

greater certainty, the functions referred to in paragraph 6 of subsection

(2) include the prosecution of provincial offences.

Records

(4) This

Act applies in respect of records in the custody or under the control of a

police force or in the custody or under the control of another agency

responsible for providing police services in Canada.

Crown bound

3. Except as

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

Disclosure under

other Acts

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 Police Services Act ;

(

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 tribunal to compel a witness to testify or compel the production of a document.

Manner of Request,

Manner of Response

Manner

of requesting police record check

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.

Manner

of responding to request for police record check

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

Request

for police record check

(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.

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.

Prescribed

requirements

(3) A person making a request under this

section shall comply with any prescribed requirements.

Type

of check

(4) A request shall specify the particular

type of police record check being requested.

Fee

(5) A request shall be accompanied by any

applicable fee.

Conducting

police record check

Police

forces

(1) A

chief of police or a member of a police force 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.

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 force or under the laws of Canada, the body or entity is permitted to

conduct the particular type of check.

Consent

of individual

(3) A police record check provider shall

not conduct a police record check in respect of an individual unless the

request contains the individual's written consent to the particular type of

check.

Disclosure

in accordance with

Schedule

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.

Exceptional

disclosure of non-conviction information, vulnerable sector check

(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 appears to have targeted a child or a vulnerable person.

ii. Whether

the individual's behaviour was repeated and was directed to more than one child

or vulnerable person.

iii. When

the incident or behaviour occurred.

iv. The

number of inc

Document details

Collection	Ontario — Bills
Citation	Bill 113, 41-1
Type	bill
Volume / chapter	p41 s1 bill 113 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	388889829c6e0cf4fcd4de61a9fb9f0b7d0a5564

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