Definitions Organization and Applicant

Criminal Record Checks

Process & Policies

Incomplete Applications

Consent forms will be returned, with a letter from the Criminal Records Review Program if:

  1. no payment for the criminal record check is received;
  2. the payment is not in the form of a certified cheque, money order, VISA or Mastercard payment, or an Application for Fee Waiver PDF File - Acrobat Reader Required - See Help has not been submitted;
  3. the consent form is not signed and dated;
  4. information on the consent form is not clear or is missing;
  5. the incorrect consent form has been submitted; or
  6. no organization information is included on the consent form where required.

Your Consent Form will be processed when the missing information and/or payment is forwarded to the Criminal Records Review Program.

Returns

The $20.00 processing fee is non-refundable. Once processing of the consent form has begun there will be no refund.

To ensure you do not pay the processing fee unnecessarily, make sure you or your organization is included under the Criminal Records Review Act.

You may contact the Criminal Records Review Program for clarification prior to sending the consent form and payment.

Fee Waiver

If you meet one of the following conditions, you may be eligible for a fee waiver:

  1. Resident, 12 - 18 years of age (inclusive) at a licence-not-required child care facility (using Schedule C);
  2. Resident, 12 - 18 years of age (inclusive), at a licensed child care facility (using Schedule D);
  3. Student enrolled at a B.C. high school on voluntary work placement/work experience in a child care facility arranged through the school (using Schedule F).

If you meet one of these conditions, complete the Application for Fee Waiver PDF File - Acrobat Reader Required - See Help and submit it to the operator of the child care facility with your completed Consent Form PDF File - Acrobat Reader Required - See Help.

For applicants submitting Schedule C or D criminal record check consent forms, the fee waiver application must be given to your organization or licensing agency. They are responsible for submitting a copy of the consent form and fee waiver to the Criminal Records Review Program.

For applicants submitting Schedule F criminal record check consent forms, you are responsible for submitting a copy of the consent form and the fee waiver to the Criminal Records Review Program. You should keep the original forms in your possession.

No Relevant Offence is Found

If no relevant offence is found after the criminal record check, applicants will be cleared for working with children and a letter will be sent to the organization to advise them that the applicant is cleared to work. Any future charges or convictions must be reported and a new consent for a criminal record check form submitted.

For short-term child care workers, if no relevant offence is found, a letter will be sent directly to the applicant stating they are cleared to work with children and are placed on the Short-term Registry. Any future charges or convictions must be reported and a new consent for a criminal record check form submitted.

A Relevant Offence Is Found

If the criminal record check reveals a relevant offence, an Adjudicator will be appointed to gather all the relevant information which may include telephone or personal interviews with the applicant, victim(s) or other persons or agencies. Written submissions may also be required. If an applicant disputes the relevant offence, the applicant may be asked to attend to the local police or RCMP station for fingerprinting to verify that the correct individual has been identified.

If a fingerprint match is made, the file is forwarded to the Deputy Registrar for a decision. The Deputy Registrar examines the relevant offence and other related information and makes a determination of risk. If the Deputy Registrar determines that a person poses a risk of physical or sexual abuse to children, they immediately inform the applicant and organization (if applicable) in writing of the decision. The organization must ensure that anyone deemed to be a risk of physical or sexual abuse to children is not in a position where they work with, or have unsupervised access to children in their employment position. Short-term child care workers will not be placed on the Short-Term Registry.

Note: The organization will not see the individual's criminal record. However, they may request written reasons for a decision that may contain references to the criminal record.

Non-compliance or Withdrawal from the Process

If an applicant does not comply with a request to have their fingerprints taken, it is equivalent to withdrawing from the criminal record review process. This will jeopardize their 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.

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.

Deputy Registrar’s Decision – Reconsideration & Appeal

Individuals who have had a determination of risk made by the Deputy Registrar can ask for reconsideration by the Registrar. The Registrar must be informed in writing that the applicant wishes to be reconsidered within 30 days following the day the applicant was notified of the Deputy Registrar's decision.

The Registrar of the Criminal Records Review Program will review the reconsideration request and may receive or accept any information or evidence that may, or may not, be admissible in a court of law. Applicants may apply for a judicial review of the Registrar's decision.

Applicants who want to appeal any action taken by an employer, licensing agency or governing body as a result of the determination of risk process must go through their organization's regular appeal processes, or through the courts.