Resources

Ministry of Justice

Criminal Record Checks – Children and Vulnerable Adults

Organization and Applicant Responsibilities


Organization Responsibilities

The organization must . . .

  • Review the Criminal Records Review Act to determine if their people are in positions that work with children and/or vulnerable adults and are covered under the language of the Criminal Records Review Act.
  • Inform each applicant of the requirements of the act and whether the criminal record check they will be authorizing covers the relevant offences for working with children or the relevant and specified offences for working with children and vulnerable adults or just vulnerable adults.
  • Ensures each applicant completes and signs the Consent to a Criminal Record Check form. NOTE: employers may not ask an applicant to authorize a criminal record check unless the organization has offered employment to the applicant.
  • Verify applicant identity in person by asking for two piece of identification before the applicant proceeds with the criminal record check. One piece of ID must be government issued (Driver license preferred) and displays applicant’s name, date of birth, signature and photo. Always have applicant fill out their DL# on the consent form if DL is provided for ID.
  • Retain the applicant’s original signed consent form for five years to meet auditing requirements.
  • Mandatory rechecks are required every five years. Organizations are responsible to track when each applicant is due for a five year re-check and have each applicant submit a re-check by the 5 year anniversary date.
  • It is up to the organization to determine whether an applicant has had a break in service. Any applicant with a break in service, must provide a new criminal record check for their organization to submit to the criminal records review office. There is no specific time frame defined in a break in service. If the employer/employee relationship or the applicant/organization relationship is formally severed, this is considered a break in service and a new check must be conducted.

Charges or Convictions

Should the organization become aware of an applicant being charged with or convicted of a relevant of specified offence as applicable to working with children or vulnerable adults, subsequent to a criminal record check, the organization must ensure the applicant submits a new consent for criminal record check with a $20 processing fee.

In addition to this mandatory criminal record check, organizations should have other screening methods, including extensive past work performance checks. The Criminal Records Review Program can only determine a risk to children or vulnerable adults as applicable on individuals that fall within the scope of the act.


Applicant Responsibilities

The applicant must . . .

  • Submit to a criminal record check by completing and signing a Consent to a Criminal Record Check form.
  • Applicant must ensure the $20.00 processing fee is paid for, either by submitting payment themselves or verifying the organization they work/volunteer for will pay. Criminal Record checks can only be conducted when the Criminal Records Review Program receives the Consent Form signed and authorized by the applicant with the $20 processing fee.

Fingerprints

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. 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. This may jeopardize the individual’s eligibility to work with, or have unsupervised access to children or vulnerable adults as applicable.

Charges or Convictions

The act requires that if an applicant who works with children or vulnerable adults is charged with or convicted of a relevant or specified offence as applicable 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.