Resources

Ministry of Justice

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.
  • Primary and Secondary ID Verification Requirements:
    • It is the organization’s responsibility to ensure proper verification of identification of each applicant consenting to a criminal record check.  At least one of the below listed  primary pieces of I.D, along with a secondary I.D. (please see list of accepted ID below) must be shown to the organization contact person.   One piece of I.D. must be government issued (driver license is preferred) and display 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 I.D. 
    • The organization contact person must sign in PART 2 – Organization Information of the Consent form indicating compliance with the Criminal Records Review Program I.D. verification requirements.
  • 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.

List of accepted Primary ID:

Issued by ICBC:

  • B.C. driver's licence or learner's licence (must have your photo)
  • B.C. Identification (BCID) card

Issued by provincial or territorial government:

  • Canadian birth certificate

Issued by Government of Canada:

  • Passport
  • Canadian Citizenship Card
  • Permanent Resident Card
  • Canadian Record of Landing/Canadian Immigration Identification Record

List of accepted Secondary ID:

  • School ID card (student card)
  • Bank card (only if applicant's name is on card)
  • Credit card (only if applicant's name is on card)
  • Foreign birth certificate (a baptismal certificate is not acceptable)
  • Canadian or U.S. driver's licence
  • Naturalization certificate
  • Canadian Forces identification
  • Police identification
  • Foreign Affairs Canada or consular identification
  • Vehicle registration (only if applicant's signature is shown)
  • Picture employee ID card
  • Firearms Acquisition Certificate
  • Social Insurance Card (new style without signature strip not acceptable)
  • B.C. CareCard
  • BC Services Card (This card will eventually replace all CareCards)
  • Native Status Card
  • Parole Certificate ID
  • Correctional Service Conditional Release Card