Police Record Checks Reform Act, 2015, S.O. 2015, c. 30

• Jurisdiction: Ontario

Police Record Checks Reform Act, 2015

S.o. 2015, chapter 30

Consolidation Period: From April 1, 2022 to the e-Laws currency date.

Last amendment: 2021, c. 34, Sched. 20.

CONTENTS

Interpretation and Application

Interpretation

1 (1) In this Act,

“authorized body” means a body authorized for the purposes of section 6.3 of the Criminal Records Act (Canada); (“organisme autorisé”)

“child” means a person under the age of 18 years; (“enfant”)

“criminal offence” means, subject to subsection (3), an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Cannabis Act (Canada) or any other law of Canada; (“infraction criminelle”)

“Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“non-conviction information” means, subject to subsection (4), information concerning the fact that an individual was charged with a criminal offence if the charge,

(a) was dismissed, withdrawn or stayed, or

(b) resulted in a stay of proceedings or an acquittal; (“données de non-condamnation”)

“police record check” means a search described in subsection 2 (1); (“vérification de dossier de police”)

“police record check provider” means,

(a) a chief of police,

(b) a member of a police service designated by a chief of police for the purposes of this Act,

(c) an entity permitted by the Royal Canadian Mounted Police to access the Canadian Police Information Centre databases,

(d) an authorized body, or

(e) a third party entity; (“fournisseur de vérifications de dossiers de police”)

“prescribed” means prescribed by the regulations under this Act; (“prescrit”)

“third party entity” means an entity that has an agreement with a police service to provide services related to conducting a police record check, such as intake of requests, performance of searches or disclosure of results; (“entité tierce”)

“volunteer” means a person who performs a service but who receives no compensation for doing so other than an allowance for expenses or an honorarium, and excludes a person receiving some other form of credit such as academic credit or fulfilling a sentence requirement; (“bénévole”)

“vulnerable person” means 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. (“personne vulnérable”) 2015, c. 30, s. 1 (1); 2019, c. 1, Sched. 4, s. 46 (1-3); 2021, c. 34, Sched. 20, s. 1.

Same, expressions related to police services

(2) Expressions used in this Act relating to police services have the same meaning as in the Community Safety and Policing Act, 2019. 2019, c. 1, Sched. 4, s. 46 (4).

Offence under Contraventions Act (Canada)

(3) An offence prosecuted under the Contraventions Act (Canada) is not a criminal offence for the purposes of this Act unless a conviction for the contravention is entered after a trial on an indictment. 2015, c. 30, s. 1 (3).

Exception, non-conviction information

(4) Non-conviction information does not include information that is part of a record that may be kept under section 717.2 or 717.3 of the Criminal Code (Canada). 2015, c. 30, s. 1 (4).

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 5, s. 48 (1-3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 46 (1-4) - 26/03/2019

2021, c. 34, Sched. 20, s. 1 - 01/04/2022

Application, searches of Canadian Police Information Centre databases, etc.

2 (1) This Act applies to persons who require a search to be conducted of the Canadian Police Information Centre databases or another police database maintained by a police service in Canada to determine whether the databases contain entries relating to an individual in order to screen the individual, including without limitation,

(a) for the purposes of determining his or her suitability for employment, volunteer work, a licence, an office, membership in any body or to provide or receive goods or services; or

(b) for the purposes of assessing his or her application to an educational institution or program. 2015, c. 30, s. 2 (1).

Exceptions

(2) This Act does not apply in respect of the following:

1. A search required under the Children’s Law Reform Act in respect of an application for a parenting order respecting decision-making responsibility with respect to a child by a person who is not a parent of the child.

2. A search required for the purpose of the Office of the Children’s Lawyer representing a child or reporting to a court under section 112 of the Courts of Justice Act.

3. A check required under the Change of Name Act in respect of an application for a change of name.

4. A search requested by the sheriff under the Juries Act.

5. A search conducted in relation to the administration of the Firearms Act (Canada).

6. A search required for the purpose of carrying out the Attorney General’s functions under the Ministry of the Attorney General Act.

7. A search required for the purpose of fulfilling the duties assigned to Crown Attorneys and provincial prosecutors under the Crown Attorneys Act.

8. A search requested by a children’s aid society for the purpose of performing its functions under subsection 35 (1) of the Child, Youth and Family Services Act, 2017.

9. Any other searches that may be prescribed. 2015, c. 30, s. 2 (2); 2017, c. 14, Sched. 4, s. 29 (1); 2020, c. 25, Sched. 1, s. 30.

Provincial offences prosecutions

(3) For greater certainty, the functions referred to in paragraph 6 of subsection (2) include the prosecution of provincial offences. 2015, c. 30, s. 2 (3).

Records

(4) This Act applies in respect of records in the custody or under the control of a police service or in the custody or under the control of another agency responsible for providing policing in Canada. 2019, c. 1, Sched. 4, s. 46 (5).

Section Amendments with date in force (d/m/y)

2017, c. 14, Sched. 4, s. 29 (1) - 01/11/2018

2018, c. 3, Sched. 5, s. 48 (4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 46 (5) - 26/03/2019

2020, c. 25, Sched. 1, s. 30 - 01/03/2021

Crown bound

3 Except as otherwise provided in this Act or the regulations, this Act binds the Crown.

Disclosure under other Acts

4 For greater certainty, nothing in this Act,

(a) permits or requires the disclosure of information whose disclosure is prohibited under the Criminal Code (Canada), the Criminal Records Act (Canada), the Youth Criminal Justice Act (Canada), or any other law of Canada;

(b) affects the ability to collect, use or disclose personal information under clause 42 (1) (f) or (g) of the Freedom of Information and Protection of Privacy Act or clause 32 (f) or (g) of the Municipal Freedom of Information and Protection of Privacy Act;

(c) affects the ability to disclose personal information under the Community Safety and Policing Act, 2019;

(d) affects an individual’s right to access personal information about himself or herself under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act; or

(e) affects the power of a court or a tribunal to compel a witness to testify or compel the production of a document. 2015, c. 30, s. 4; 2019, c. 1, Sched. 4, s. 46 (6).

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 5, s. 48 (5) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 46 (6) - 26/03/2019

Manner of Request, Manner of Response

Manner of...