Often employers require a new hire to provide a police record checks. Starting November 1, 2018 changes made under the Ontario’s Police Record Checks Reform Act will be in force. Previously, police record checks were not regulated in Ontario. With the new Reform Act in force, the police record checks process becomes standardized across Ontario for all employers. Employers will not have access to as much information, and employees must consent.
This Reform Act covers:
- Criminal records check,
- Criminal Record and Judicial matters checks; and
- vulnerable sector checks.
The Reform Act now requires consent at two stages of police record checks. The first stage includes consent from the employee to conduct the particular type of check and the second stage requires consent to the police record check provider to provide a copy of this results to the employer.
These changes also limit the information given to employers upon conducting a police record check to what is necessary and relevant. Information such as mental health detentions and non-conviction information will not be disclosed unless deemed necessary for “exceptional disclosure.” This will occur primarily if the alleged offence involved a child or vulnerable person and there are reasonable grounds to believe the individual presents a risk of harm to a child or vulnerable person.
Lessons for Employees
- Make sure your current or future employer has your consent to conduct the search and see the results.
- The record check process will likely take longer, so keep that in mind if you receive a conditional employment offer. Don’t resign too quickly from any current job.
- If an employer or another person willfully contravenes certain sections of the Reform Act can be liable for a fine of up to $5,000.
If you have any questions about hiring processes, employment contracts or police record checks, you can contact MacLeod Law Firm at 647-204-8107 or at i[email protected]
If you have lost your job and need temporary income support, do you know what to do? In Canada, you can apply for Employment Insurance (“EI”) for partial income replacement from the Federal government. To learn about the different types of EI and whether you would be...read more
If you are totally unable to work because of a medical disability are you entitled to receive termination pay? That is the question considered in this blog. Employees Who Do Not Have LTD Coverage Sometimes, an employer does not provide disability insurance and in this...read more
Employees with only a few years (or even months) of service tend to believe that they aren’t entitled to much notice or pay in lieu of notice upon termination. As we have written before, we have seen a trend of longer notice periods being awarded to employees in...read more