Criminal Record Checks

Offences Reviewed Under the Criminal Records Review Act

Types of Criminal Record Checks
The 62 Offences Reviewed Under the Criminal Records Review Act

Types of Criminal Record Checks

A criminal record check is a review of any outstanding charges, stay of proceedings, recognizances under Section 810, 810.1 and 810.2 of the Criminal Code of Canada, conditional discharges, pardons, charges diverted to alternative measures or convictions of the 62 relevant offences as identified in the Criminal Records Review Act. Relevant offences also include an offence in a jurisdiction outside of Canada. In addition, the federal Criminal Records Act allows access to pardoned sexual offences. For information on pardons, visit website: National Parole Board.

Criminal record checks are conducted for many purposes and can also be conducted by municipal police or RCMP detachments. The difference is that criminal record checks done through the provincial government’s Criminal Record Review Program are only done for individuals who fall under the Criminal Records Review Act.

Criminal Records Review Program criminal record checks: fall under the Criminal Records Review Act which limits the review of an individual’s criminal record to just 62 specific offences deemed relevant to determining the risk that individual may pose in a position where they have unsupervised access to children (see Offences Reviewed Under the Act below). The program does not review the individual’s complete record of criminal convictions.
Police criminal record checks: are conducted for organizations — such as those with employees or volunteers that are not covered by the Criminal Record Review Act. Organizations not covered by the Act may make their own arrangements with a local police agency for a criminal record check of an individual.

The 62 Offences Reviewed Under the Criminal Records Review Act

The following sections of the Criminal Code (Canada) 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 a person with a disability;
section 155: Incest;
section 159: Anal Intercourse;
section 160: Bestiality;
section 161: Order of Prohibition;
section 163 (1): Child Pornography;
section 170: Parent or Guardian Procuring Sexual Activity;
section 171: Householder Permitting Sexual Activity;
section 172 (1): Internet Luring;
section 172: Corrupting Children;
section 173 (1): Indecent Acts;
section 173 (2): Exposure;
section 177: Trespassing at Night;
section 179: Vagrancy;
section 212 (1): Procuring a Person for the Purposes of Prostitution;
section 212 (2): Living Off the avails of child prostitution;
section 212 (2.1): Living off the avails of prostitution;
section 212 (4): Attempting to Obtain the Sexual Services of a Child;
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 (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 372: False Messages/Indecent Telephone Calls/Harassing Telephone Calls;
section 446: Cruelty to animals;
section 810: Where Injury or Damage Feared;
section 810 (1): Where Fear of Sexual Offence;
section 810 (2): Where Fear of Serious Personal Injury offence

The following sections of the Controlled Drugs and Substances Act (Canada) is designated as a relevant offence:

section 5: Trafficking in substance;
section 6: Importing and exporting a substance;
section 7: Production of a substance.