Definitions Organization and Applicant

Criminal Record Checks


Organization & Applicant Responsibilities

Organization

The organization must:

  • inform applicants of the requirements of the act if those applicants are employed by or are seeking employment with the organization in a job that involves working with children (note: applicants include registered students in a post secondary institution who will work with children).
  • have the applicant complete and sign the Consent to a Criminal Record Check form (note: the organization may not require an applicant for employment to authorize a criminal record check unless the organization has offered employment to the applicant.)
  • follow the steps outlined on Forms & Payment page including retaining the original Consent Form and forwarding copy and payment to the Criminal Records Review Program.

Organizations are required to ensure their employees, licensees and members submit a consent for a criminal record check form at least once every five years. All subsequent criminal record checks must have payment accompany the signed Consent Form.

However, when the organization becomes aware of any applicant with a new charge or conviction for a relevant offence, that employer, governing body, education institution, or licensing agency must ensure a new criminal record check Consent Form is submitted. Organizations must also ensure that if the applicant is a registered member of a governing body that they notify the governing body they are requiring the applicant to have another record check completed.

In addition to criminal record checks, organizations should have other screening methods to protect the children in their care including extensive reference checks. The Criminal Records Review Program can only determine risk to children on individuals that fall within the scope of the act.

Applicant

The applicant must submit to a criminal record check by completing and signing a Consent to a Criminal Record Check form. See Forms & Payment.

Note: Record checks can only be conducted when the Criminal Records Review Program Registrar receives the Consent Form signed and authorized by the applicant.

As part of the criminal record check process, the applicant may be required to have their fingerprints taken and if the applicant does not comply, it is equivalent to withdrawing from the criminal records review process. This will jeopardize the employee’s eligibility to work with, or have unsupervised access to children in their employment position. Those wishing to withdraw from the process must contact their organization, and short-term child care applicants must inform the Criminal Records Review Program directly. In both cases, applicants should convey their intent to withdraw from the process to the Criminal Records Review Program in writing. No refunds will be given in these cases.

As well, if an applicant does not respond to requests for additional information, it will be assumed that the applicant has chosen not to make a written submission and a determination of risk may be made based on the information available. Those wishing to withdraw from the process must contact their organization, and short-term child care applicants must inform the Criminal Records Review Program in writing. No refunds will be given in these cases.

The act requires that if an applicant who works with children is charged with or convicted of a relevant offence subsequent to a criminal record check, the applicant must promptly report the charge or conviction to the organization, and submit a new, signed Consent for Criminal Record Check form with the $20 processing fee.

Break in Service

If the applicant has had a break in service with an organization, a new criminal record check will be required.

Short-term Registry

Individuals on the Short-term Registry are responsible for completing, signing and submitting a copy of their own Consent to a Criminal Record Check form. The form must be submitted every year with the accompanying $20.00 payment, prior to the current Short-term Registry authorization expiring, in order to maintain eligibility to work with children.