Who Must Have a Criminal Record Check under the Criminal Records Review Act
Overview and purpose of the Act
The Criminal Records Review Act was passed in 1996 and was originally designed to help protect children from individuals whose criminal record indicates they pose a risk of physical or sexual abuse. In 2009, the Criminal Records Review Act was expanded to help protect vulnerable adults from physical, sexual or financial abuse. In 2013, the Act was expanded to support the volunteer sector in British Columbia by providing free criminal record checks to volunteers working with children or vulnerable adults in public or non-profit organizations that decide to opt into the Criminal Records Review Program (CRRP).
All individuals who work with children or vulnerable adults directly, or have or potentially have unsupervised access to children or vulnerable adults in the ordinary course of their employment, or in the practice of an occupation, or during the course of an education program and who are employed by or licensed by, or receive regular ongoing operating funds for core programs from the provincial government are covered under the Criminal Records Review Act. Note: Volunteer organizations have the choice to opt into the CRRP and are not required by legislation to utilize the CRRP.
Examples of individuals covered by the Act: Doctors, nurses, hospital employees, dentists, teachers, non-teaching staff in schools (such as janitors and administrative support), registered students in a post secondary program who will work with children or vulnerable adults as part of their practicum, early childcare educators, daycare employees, employees in long term care facilities and other facilities that provide health services to vulnerable adults.
See Legislation and Resources page for information and regulations related to the Criminal Records Review Act.
Governing Bodies covered by the Act
Professional Governing Bodies requiring criminal record checks through the Criminal Records Review Program:
The requirement for a criminal record check is outlined in the Act relevant for each governing body. The lists of acts outlined in Schedule 2 of the Criminal Records Review Act are as follows:
Registered students in a university or college who work with children and/or vulnerable adults
Registered students in a university or college with a practicum component involving working with children and/or vulnerable adults directly or having or potentially having unsupervised access to children and/or vulnerable adults must provide a criminal record check authorization to the Criminal Records Review program. This authorization is done (preferably) at the time the student registers with the program.
Early Childhood Education Students
Early childhood education students require a criminal record check under the Criminal Records Review Act.
Effective January 1, 2012 early childhood education students will be considered 'registered students' and will be incorporated into the registered students category described above.
The amendments to the act ensure that all post-secondary registered students are treated consistently. Currently clearance letters provided for ECE students (processed under Schedule F) are valid for one year. Clearance letters provided to registered students (to be processed under Schedule B) will be valid for five years.
See Apply for a Criminal Record Check page on this website for more information.
All B.C. teachers are required to undergo a criminal record check through the Criminal Records Review Program. The Teachers Act repealed the Teaching Profession Act and dissolved the B.C. College of Teachers. It brought in a new system of certification, regulation, and discipline of teachers administered by the Ministry of Education with the advice of education partners called the B.C. Teacher Regulation Branch.
Teacher Regulation Branch
Licensed and Unlicensed family child care and adult care facilities
The Community Care and Assisted Living Act and regulations outline the requirements for licensed childcare and adult care facilities.
All operators, staff and individuals ordinarily present in the facility, age 12 or older are required to undergo a criminal record check through the criminal records review program. The checks for operators and family members must be done through the local health authority licensing office so the results are returned to the appropriate licensing officer. The checks for staff may be submitted by the operator to have the results returned to the operator for retention.
Note: Employees of contracted companies of a provincially operated or funded organization
Employees of contracted companies of a provincially operated or funded organization may be covered under the Act.
For example, a private maintenance company is hired through contract with a School District to install windows; housekeeping staff working for a company contracted through a Health Authority and the staff has unsupervised access or the potential of unsupervised access to children or vulnerable adults.
Positions not covered by the Criminal Records Review Act
Examples of some employee criminal record checks not covered under the Criminal Records Review Act: Nannies, babysitters, child minders for a private company, and municipal employees.