Ontario Government Proposes changes to Police Record Checks
On June 3, 2015 the Ontario Government introduced Bill 113, Police Record Checks Reform Act. The Act introduces new standards that would apply to all police services in Ontario. The intent of the legislation is to eliminate barriers to employment, while balancing public safety and the protection of individual human rights and privacy. The legislation will ensure consistent application of police record checks across the province.
Under the current background check system, people have been denied employment and volunteer opportunities due to background checks which have included information about mental illness or police contact that did not lead to a conviction.
For employers that currently use police background checks as part of their recruitment process, these changes may result in fewer candidates being screened out of consideration due to their police record.
If passed, the legislation would:
- include a process for people to request that certain information be removed from their records;
- eliminate the release of certain information such as details about a person’s mental health, status as a victim or witness to a crime, non-criminal information, and local police contact;
- allow individuals to review the information being released before giving consent for the background check to be shared;
- offer 3 types of police records checks to meet the requirements of employers, educators and volunteer organizations;
A Criminal Record Check would list criminal convictions and findings of guilt under the Youth Criminal Justice Act.
A Criminal Record and Judicial Matters Check would contain a criminal record check plus outstanding charges, arrest warrants, absolute and conditional discharges and some judicial orders.
The Vulnerable Sector Check, used for people working or volunteering with vulnerable populations such as children, seniors and persons with disabilities, would contain a criminal record check and judicial check plus findings of not criminally responsible due to mental disorder, record suspensions (pardons) related to sexually-based offences and non-conviction information related to the predation of a child or other vulnerable person (i.e., charges that were withdrawn, dismissed or stayed, or that resulted in acquittals).
The proposed Bill 113 received 1st reading on June 3, 2015.
