Who Must Have a Criminal Record Check under the Criminal Records Review Act
Overview and purpose of the Act
The Criminal Records Review Act started 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.
All individuals who work with children or vulnerable adults, or 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 from the provincial government are covered under the Criminal Records Review Act.
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, 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 list 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 work with children and the successful completion of which is a requirement for registration as a member of a governing body 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.
Effective January 1, 2012, this requirement will be expanded to include any students registered in any certificate, diploma, or degree program that has a practicum involving working with children or vulnerable adults and will not be limited to those leading to membership in a governing body.
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
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.
Volunteers at licensed care facilities
The only volunteers covered under the Criminal Records Review Act are:
- those in licensed or licensed-not-required child care facilities and licensed after school programs, and
- volunteers working with vulnerable adults in facilities licensed under the Community Care and Assisted Living Act.
For other volunteers – most volunteers are not covered by the Criminal Records Review Act (see Positions not covered by the Act below). However, many groups or agencies choose to conduct their own criminal record check with the assistance of their local police or RCMP detachment.
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 criminal record checks not covered under the Criminal Records Review Act: Nannies, babysitters, child minders for a private company, municipal employees, summer camps (unless a program licensed under the Community Care and Assisted Living Act), volunteer coaches for sports associations, parent volunteers at schools.