An Overview of Provincially Mandated Police Records Checks: A Resource for Ontario’s Not-for-Profit Sector

Not-for-Profit Sector

Screening Requirements

Legislative Requirements

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Disclaimer

This information is not legal advice, nor does it represent the views of the Government of Ontario or its representatives. This information is a brief summary of current Ontario legislation relevant to screening staff and volunteers. For complete and up-to-date information regarding police records checks, contact your local police service. For legal advice, please consult with a lawyer.

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Acknowledgements

The Ministries of Community Safety and Correctional Services, and Citizenship and Immigration, in consultation with Ontario Nonprofit Network, have developed this online resource tool regarding police records checks. This project is part of the Ontario Government’s Open for Business Strategy. The strategy is a part of the government’s initiative to strengthen connections and increase collaboration and coordination between government and the not-for-profit sector. During the Open for Business process, the ONN played a key convening role. The following organizations and ministries formed part of the Police Records Checks Working Group that assisted with this project: Ontario Nonprofit Network Volunteer Toronto Professional Administrators of Volunteer Resources – Ontario (PAVR-O) YMCA Ontario Ministry of the Attorney General Ministry of Children and Youth Services Ministry of Citizenship and Immigration Ministry of Community and Social Services Ministry of Community Safety and Correctional Services Ministry of Health and Long-Term Care

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Introduction…………………………………………………………………………..5

Not-for-Profit Sector Ontario Partnership Project Purpose

Police Records Checks……………………………………………………………..8

What is a Police Records Check Why Obtain a Police Records Check

Provincial Requirements……………………………………………………………9 Resources…………………………………………………………………………...10

Appendices…………………………………………………………………………12 Appendix A – Ontario Government Ministries Appendix B – Services and Supports to Promote the Inclusion of Persons with Developmental Disabilities Act, 2008 – O.Reg 299/10 Appendix C – Long-Term Care Homes Act 2007 – O.Reg 79/10 Appendix D – Other Statutory Requirements for Police Records Checks

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INTRODUCTION The not-for-profit (NFP) sector is one of the most diverse economic sectors affecting the lives of every Ontarian through social services, the arts, sports and recreation, environmental conservation, faith groups, community health services and more. Ontario’s more than 46,000 not-for-profit organizations:

• Employ about one million people, 15 per cent of Ontario’s total workforce.

• Have an economic impact of nearly $50 billion, representing over 7.1 per cent of Ontario’s gross domestic product – greater than the automobile and construction industries combined.

• Involve more than five million Ontarians who donate over 820 million hours of their time volunteering every year. Ontarians’ volunteer time is valued at the equivalent of 400,000 full-time jobs.

Organizations in the NFP sector recognize effective risk management in service delivery as an essential component of ensuring program quality, protection of vulnerable clients and sector credibility. Organizations also acknowledge that police records checks can be an integral part of comprehensive risk management practices. However, police records checks serve as only one component of effective volunteer and employee screening and should be based on the requirements of the position (see the website link under the Resources Section of this document for Volunteer Canada’s Ten Steps to Volunteer Screening http://volunteer.ca/content/screening). There is not always a clear understanding of the processes involved, or what governs the “why and when” of requesting a police records check as part of effective screening practices. That is why Ontario’s Partnership Project, housed in the Ministry of Citizenship and Immigration (MCI), has been working to strengthen connections and increase collaboration and coordination between government and the NFP sector. During the Open for Business process, the Ontario Nonprofit Network (ONN) played a key convening role. The following information has been gathered to provide a clearer understanding of Ontario’s legal requirements that relate specifically to the use of police records checks in screening of volunteers and staff in the NFP sector.

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The Ministry of Community Safety and Correctional Services, in partnership with the Ministry of Citizenship and Immigration, established a working group to assist in highlighting legislative and/or regulatory requirements as they relate to mandating police records checks for the NFP sector. A survey was distributed to all Ontario government ministries (see Appendix A for a list of the ministries) to gather information such as: a) Does the ministry have stakeholders from the NFP sector; and b) Do they mandate police records checks for NFP volunteers/employees? In addition, research was conducted of the current consolidated laws as provided by the e-Laws website to identify statutory requirements.

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PURPOSE This document provides an overview of provincial legislative and regulatory requirements for police records checks for the Nonprofit (NFP) sector. The term legislation refers to laws, called Acts, which are enacted by Parliament, and regulations, which set out the way in which an Act will be implemented and enforced. The list of statutory requirements set out in this document is not exhaustive and may not address all screening requirements for the NFP sector. This document does not speak to requirements that may be necessary due to funding and or contractual agreements or relevant government policies. A policy is typically described as a principle or rule to guide decision making. The overview can serve as an educational tool to enhance understanding and knowledge with respect to appropriate use of police records checks as one important component of good screening practices. Important Notice: For the purpose of this document, a “police records check” includes criminal records checks, vulnerable sector checks and any similar check required to comply with Ontario law (refer to “Types of Police Record Checks”). The Acts or regulations being cited in this document may have different meanings for the term “police records check.” Please review the definitions section in the relevant Act or regulation.

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What is a Police Records Check Police services in Ontario comply with various statutes when conducting police records checks, especially with respect to the protection of personal information. Police services are responsible for developing their own policies and procedures in accordance with federal and provincial laws for processing requests to conduct police records checks. In addition to legislative requirements, police services must comply with policies on the use and disclosure of criminal record information that are maintained by the Royal Canadian Mounted Police (RCMP) National Repository of Criminal Records. In May 2011, the Ontario Association of Chiefs of Police released a guideline on police records checks (see the website link under the Resources Section of this document for the Ontario Association of Chiefs of Police – LEARN Guideline for Police Records Checks under the Policing Services section). The guideline is intended to assist police services to understand and apply relevant legislation, policies and procedures, and directives in processing police records check requests. It is also intended to promote consistency in processing methods as well as terminology used across the province. The implementation of the guidelines is voluntary. Police services conduct records checks by searching their various databases and the RCMP National Repository of Criminal Records according to the type of request. Depending on the type of search, here are some examples of information that may be provided: • criminal convictions, outstanding entries, such as charges and warrants; • criminal charges resulting in dispositions including, but not limited to, stayed,

withdrawn, and dismissed charges; • police contacts including, but not limited to, theft, weapons, sex offences, or

violent, harmful and threatening behaviour; and • family court restraining orders. In cases where the search is inconclusive or there is a match to a criminal record, the applicant may be required to submit a set of fingerprints to confirm his or her identity. Why Obtain a Police Records Check NFP organizations may use police records checks as one of the ways to screen staff and volunteers. Generally, the screening process can differ for each organization depending on the nature of their work, the level of risk to which participants are exposed and the statute that governs the organization. It is the responsibility of the organization to determine what types of police records checks are most appropriate to screen staff and volunteers.

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Organizations that provide direct service or are responsible for the well-being of children or vulnerable persons may request a “vulnerable sector” check for employees or volunteers in accordance with the Criminal Records Act. Vulnerable people are defined in the Criminal Records Act as a person, who because of his or her age, a disability or other circumstances, whether temporary or permanent,

(a) is in a position of dependency on others; or (b) is otherwise at a greater risk than the general population of being

harmed by a person in a position of trust or authority towards them. A vulnerable sector check is a search based on a name or gender and date of birth against the RCMP National Repository of Criminal Records, Pardoned Sex Offender Database and various other police databases. If there is a possible match to a record in the Pardoned Sex Offender Database based on gender and date of birth, the applicant will be required to provide fingerprints to confirm his or her identity.

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Provincial Requirements Related to Police Records Checks In Ontario, there are provincial laws that require organizations to conduct police records checks for individuals who will be dealing with children and vulnerable adults as part of their recruitment responsibilities. In the scope of this research, two statutes have been identified that directly reference compliance with police records checks that may involve the NFP sector. Ministry of Community and Social Services The Ministry of Community and Social Services funds service agencies that provide services to persons with developmental disabilities. The service agencies are mandated by legislation to conduct police records checks for all new staff members, volunteers and board members who will have direct contact with persons with developmental disabilities. The Act defines a “service agency” in part as a corporation or other prescribed entity that is funded by the ministry to provide services and supports to persons with developmental disabilities. The regulation defines a “police records check” as “a record of a person’s involvement with the police obtained through a search of police databases and shall include a review of the vulnerable sector screen.” Please see Appendix B and refer to Sections 13 and 34 of the Ontario Regulation 299/10 made under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, for requirements. Ministry of Health and Long-Term Care The Ministry of Health and Long-Term Care is responsible for licensing and the provision of funding for long-term care homes. These homes provide care and services to people who require the availability of nursing care on site 24 hours a day or frequent assistance with activities of daily living or on-site supervision or monitoring to ensure their safety or well-being. Licensees of long-term care homes are required by legislation, with limited exclusions referenced below, to conduct criminal reference checks that will include a vulnerable sector screen as part of their screening measures for staff and volunteers who will be working or volunteering at long-term care homes. Please see Appendix C and refer to Section 75 of the Long-Term Care Homes Act, 2007 and section 215 of Ontario Regulation 79/10 under the Act, for these requirements which came into effect on July 1, 2011.

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RESOURCES For information on guidelines for recruiting and screening volunteers, requesting police records checks, police services’ policies and procedures, please refer to the websites listed below:

The Screening Handbook – Volunteer Canada http://volunteer.ca/content/2012-screening-handbook “Safe Enough? Reviewing Your Screening Practices” http://volunteer.ca/content/safe-enough-reviewing-your-screening-practices Best Practice Guidelines for Screening Volunteers http://www.publicsafety.gc.ca/res/cor/rep/vol-ben-eng.aspx Safe Steps: A Volunteer Screening Process http://volunteer.ca/content/screening

PAVR-O Screening Tools Survey and Report http://www.pavro.on.ca/Default.aspx?pageId=1114793 Please note there is no central website or listing of police services across Ontario. Below are samples of resources related to police services. London Police Service http://www.police.london.ca/d.aspx?s=/Services/Background_Checks/Police_Criminal_Record_Check_I.htm Ontario Provincial Police http://www.opp.ca/ecms/index.php?id=499 Ottawa Police Service http://www.ottawapolice.ca/en/ServingOttawa/RecordsChecks/index.aspx Peel Regional Police Service http://www.peelpolice.ca/en/services/criminalrecordcheck.asp Sault Ste. Marie Police Service http://www.ssmps.ca/online-services/criminal-record-search Thunder Bay Police Service http://www.thunderbay.ca/Police/FAQs.htm Toronto Police Service http://www.torontopolice.on.ca/prcp/process.php Windsor Police Service http://www.police.windsor.on.ca/Senior%20Moment/Public%20Resources/police_record_checks.htm

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Ontario Association of Chiefs of Police – LEARN Guideline for Police Records Checks http://www.oacp.ca/upload5/news/GUIDELINES_FOR_RECORD_CHECKS___FINAL.pdf Canadian Criminal Real Time Identification Services http://www.rcmp-grc.gc.ca/cr-cj/index-eng.htm How to Obtain a Certified Criminal Record Check http://www.rcmp-grc.gc.ca/cr-cj/fing-empr2-eng.htm Canadian Police Information (CPI) Centre http://www.cpic-cipc.ca Office of the Information and Privacy Commissioner, Ontario http://www.ipc.on.ca Ontario Human Rights Commission Ontario Human Rights Commission e-Laws http://www.e-laws.gov.on.ca

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APPENDIX A Ontario Government Ministries Aboriginal Affairs Agriculture, Food and Rural Affairs Attorney General Children and Youth Services Citizenship and Immigration Community and Social Services Community Safety and Correctional Services Consumer Services Economic Development and Innovation Education Energy Environment Finance Francophone Affairs Government Services Health and Long-Term Care Infrastructure Intergovernmental Affairs Labour Municipal Affairs and Housing Natural Resources Northern Development and Mines Seniors' Secretariat Tourism, Culture and Sport Training, Colleges and Universities Transportation Women's Directorate http://www.ontario.ca/en/your_government/004974

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APPENDIX B Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 - O. Reg. 299/10 13. (1) In addressing quality assurance measures respecting human resource practices, each service agency shall have policies and procedures for staff members and volunteers that address the following:

1. Orientation and initial training on, i. the service agency and its policies and procedures, and ii. the individual needs of the persons with developmental disabilities

whom the staff member or volunteer will support. 2. Regular ongoing training for staff members and volunteers regarding support for persons with developmental disabilities and service agency policies and procedures as may be appropriate or required. (2) A service agency shall arrange for a personal reference check and require a police records check for all new staff members. (3) A service agency shall arrange for a personal reference check and require a police records check for volunteers and board members, if they will have direct contact with the persons with developmental disabilities who receive services and supports from the service agency. (4) A service agency shall have written protocols with their local police services to ensure that the type of information provided through a police records check is appropriate to the position being applied for. (5) The service agency shall ensure that the personal reference check and police records check are completed as soon as possible for the new staff member, volunteer or board member before or after they assume their responsibilities with the agency. (6) Until the completion of their reference check, their police records check and their orientation and initial training, a staff member, volunteer or board member shall have direct contact with persons with developmental disabilities only when being supervised.

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APPENDIX C

Long-Term Care Homes Act, 2007, Screening measures 75. (1) Every licensee of a long-term care home shall ensure that screening measures are conducted in accordance with the regulations before hiring staff and accepting volunteers. Criminal reference checks (2) The screening measures shall include criminal reference checks, unless the person being screened is under 18 years of age. When agency staff is hired (3) For the purposes of subsection (1), a staff member who is agency staff, as that term is defined in subsection 74 (2), is considered to be hired when he or she first works at the home.

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Long-Term Care Homes Act, 2007 - O. Reg. 79/10

Criminal reference check 215. (1) This section applies where a criminal reference check is required before a licensee hires a staff member or accepts a volunteer as set out in subsection 75 (2) of the Act. O. Reg. 79/10, s. 215 (1). (2) The criminal reference check must be,

(a) conducted by a police force; and (b) conducted within six months before the staff member is hired or the volunteer is accepted by the licensee. O. Reg. 79/10, s. 215 (2).

(3) The criminal reference check must include a vulnerable sector screen to determine the person’s suitability to be a staff member or volunteer in a long-term care home and to protect residents from abuse and neglect. O. Reg. 79/10, s. 215 (3). (4) The licensee shall require that the staff member or volunteer provide the licensee with a signed declaration disclosing the following with respect to the period since the date the person’s last criminal reference check under subsection (2) was conducted:

1. Every offence with which the person has been charged under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada) and the outcome of the charge. 2. Every order of a judge or justice of the peace made against the person in respect of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada), including a peace bond, probation order, prohibition order or warrant. 3. Every restraining order made against the person under the Family Law Act or the Children’s Law Reform Act. 4. Every offence of which the person has been convicted under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada). force of this section.

(5) Statements under subsection (4) must be provided promptly, (a) after the person has been made aware that they have been charged or an order has been made; and (b) after the person has been convicted or a charge is otherwise disposed of.

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(6) The requirements of subsection 75 (2) of the Act and of subsections (1) to (5) of this section do not apply if the person who will perform work at the home, (a) falls under clause (b) or (c) of the definition of “staff” in subsection 2 (1) of the Act; (b) will only provide occasional maintenance or repair services to the home; (c) will not provide direct care to residents; and (d) will be monitored and supervised, in accordance with the licensee’s policies and procedures referred to in subsection 86 (3), while he or she provides services to the home. (7) The requirements of subsection 75 (2) of the Act and of subsections (1) to (5) of this section do not apply to, (a) Medical Directors; and (b) physicians or registered nurses in the extended class retained or appointed under subsection 82 (2) or (3). (8) A licensee is not required to comply with this section and subsection 75 (2) of the Act until 12 months after the coming into force of this section.

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APPENDIX D Additional Statutory Requirements Related to Police Records Checks Audiology and Speech-Language Pathology Act, 1991 Child and Family Services Act, 1990, Ontario Regulation 70 Children's Law Reform Act Dental Hygiene Act, 1991 Ontario Regulation 218/94 Education Act - O. Reg. 521/01 Ontario Labour Mobility Act, 2009 Private Security and Investigative Services Act, 2005 Regulated Health Professions Act, 1991, S.O. 1991, c. 18

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