THE POLICE CRIMINAL RECORD CHECK REFORM ACT (PRCRA) ***NEW INFORMATION***
The PRCRA legislation passed on December 1, 2015 and will be enacted on November 1, 2018. This legislation was introduced to ensure a clear, consistent and comprehensive set of standards to govern how Police Record Checks (PRC) are conducted and disclosed in Ontario.
Overview of the PRCRA
1. Apply to all PRC providers in Ontario, when conducting the majority of the PRCs that are requested from them (i.e., for employment, volunteering, licensing and other purposes)
2. Standardize three types of PRCs that can be conducted (i.e., Criminal Record Checks, Criminal Record and Judicial Matters Checks, and Vulnerable Sector Checks)
3. Limit and standardize the types of information authorized to be disclosed in each type of PRC
Require that an individual receive their PRC before being asked to consent to disclosure to a third party, such as an employer
- After reviewing, the individual can provide the results directly to a third party, or consent to allow the PRC provider to release the results to the third party
When and why are police record checks used?
- A PRC may be required by law or organizational policy
- A PRC may be a useful tool to help determine an individual’s suitability for certain types of opportunities (e.g., employment in a position responsible for working with vulnerable individuals)
- PRCs are just one of the tools available, in addition to interviews, reference checks, verification of credentials/licenses/certifications, and in some cases, more thorough background checks
- Agencies can only require an applicant to apply for one of the three types of PRCs and are not permitted to ask applicants to provide any additional police records
Types of Police Record Checks
- The PRCRA identifies three standard types of PRCs:
- The types of PRCs are differentiated based on the specific types of information authorized to be disclosed within each of them as outlined in the Act
- Additionally, the VSC is intended to be used for a specific purpose: to screen individuals that work or volunteer in positions of trust and/or authority relative to vulnerable individuals (e.g., teachers and daycare workers, staff in long-term care and retirement homes, service providers working with individuals with disabilities)
- In order to keep vulnerable persons safe, the PRCRA allows for the disclosure of the broadest range of information in VSCs, including disclosure of record suspensions (formerly pardons) as authorized by the Minister of Public Safety and relevant non-conviction information as authorized by the PRCRA
- We DO NOT conduct VSCs for persons under 18 years of age. See Disclosure of Youth Records below.
Disclosure of Youth Records
This is one of the most significant changes to record checks in Ontario. Youth records are only permitted to be disclosed in two circumstances:
- To the youth themselves who will receive a generic page not the Standard Results page, who is not permitted to further disclose Findings of Guilt [PRCRA 11] or
- To the Government of Canada or the government of a province or a municipality for purposes of employment or the performances of services, with or without remuneration [YCJA 119 (1)(o)]
What does this mean?
Only federal, provincial and municipal government agencies will receive youth records.
- For non-government agencies, the standard response below will be indicated for every person between the age of 12-22 regardless of their search results. People between the ages of 18-22 will have further notations on the record check results with respect to an adult record
”This response is being provided in accordance with Regulation 349/18 2(2) of the PRCRA. The YCJA restricts individuals from sharing records made under that Act. It should be noted that this section is applicable to ALL individuals between the ages of 12-22 regardless of search results.”
What does this mean?
Police services are unable to disclose whether or not there is a youth record.
All forms have been updated or created to look similar across the province and include:
- All the changes from the PRCRA legislation and regulations
- Consideration of how to respond and protect privacy
Applicants are required to deliver their completed record check form in person to the Timmins Police Service Monday to Friday between 8:30am – 4:00pm. We are open during the lunch hour. We will not accept forms submitted by a third party.
TPS Record Check form w Self Declaration – Fillable – Sept 2019 (DOWNLOAD HERE – SAME FORM FOR ALL 3 TYPES)
Self-declaration of a criminal record is a process where you may declare your adult criminal record convictions to the police service. The Timmins Police Service will confirm if the information matches a criminal record contained within the RCMP National Repository of Criminal Records. If we are not satisfied that your declared criminal record information is a match to a criminal record held at the repository, fingerprints are required at an additional cost.
Do NOT declare:
- A conviction for which the applicant has received a record suspension.
- A conviction where the applicant was a “young person” under the YCJA. Absolute or Conditional Discharges.
- Any offences for which the applicant was not convicted.
- Provincial or municipal offences.
- Any charges dealt with outside of Canada.
Self Declaration Form (Download here)
You may be requested to submit fingerprints for two reasons:
- You have a criminal record and have requested a record check (see Criminal Record below)
- Your date of birth and gender match that of a person listed in the pardoned sex offender list and fingerprints are required to determine identity (see Vulnerable Sector below)
Fingerprinting services are provided at Timmins Police Service for volunteer/employment purposes. Those applying for a record check will be contacted if fingerprints are required. If fingerprints are required to complete your record check, they must be completed in the City of Timmins only.
Members of the public may attend Timmins Police Service on Tuesdays and Thursdays ONLY between 8:30am – 11:00am & 1:00pm-3:30pm based on availability. The cost for fingerprints is $45 plus a $25 RCMP fee. For confirmed volunteers, the cost is $45.00 and the RCMP fee is waived.
Fingerprints for Criminal Record
Applicants who have a criminal record and did not self-declare the charges on the self-declaration form, will be required to submit fingerprints so the Timmins Police Service can confirm a criminal record is held at the Criminal Record Repository of the RCMP. Applicants are NOT required to be fingerprinted for:
- A conviction for which the applicant has received a pardon
- A conviction where the applicant was a “young person” under the YCJA
- Absolute or Conditional Discharges
- Any offences for which the applicant was not convicted
- Provincial or municipal offences
- Any charges dealt with outside of Canada
Fingerprints for Vulnerable Sector Checks
These checks are typically required for coaches involved in minor sports, day care providers, health care providers, those involved in teaching, etc. Applicants requiring this type of record check are scrutinized through a more rigorous screening process. They may be required to submit fingerprints to verify whether there is a criminal record including the existence of any sex offences with a record suspension contained within the RCMP National Repository of Criminal Records. This may result in more applicants being identified as a potential match resulting in delays in receiving their record check. Therefore, applicants should ensure they allow ample time to process the request should this situation arise.
Applicants who are impacted will receive a phone call from Timmins Police Service explaining the steps that must be followed for their Vulnerable Sector check to be completed. They will be required to attend Timmins Police Service to have their fingerprints taken. Fingerprints will then be submitted to the RCMP to confirm or refute the potential match. It should be noted that a potential match can result from a person having the same gender and date of birth as a known offender, which in nearly all cases will be ruled out by a fingerprint comparison.
Police Record Checks will only be conducted for paid or unpaid positions with the federal, provincial or municipal government. This is because non-government agencies are not authorized to receive any results. To require applicants to apply and pay for a Police Record Check when no results will be disclosed is not in the best interest of applicants, the police service and the community.
For government employers:
PRC’s with disclosable youth records will be mailed directly to you by Timmins Police Service. Please be sure to provide the youth with this information prior to having the youth apply for a Police Record Check.
Release of Completed Police Record Check
We will provide the results of a completed Police Criminal Record Check and Criminal Record Check & Judicial Matters Check only to you, the applicant. Photo identification will be requested when you pick up your record check. It is the choice of the applicant to decide whether he/she wants to share the results of the Police Record Check with the requesting agency. The role of the Service is to provide the applicant with the results of the Police Record Check. The agency is responsible for determining the suitability of the applicant for the position. The result of any Police Record Check is just one component of the information available to and evaluated by the agency.
Reconsideration Request Process
If you wish to request reconsideration on any information disclosed on the Police Record Check, you may apply in writing to Susanne Colantonio, Timmins Police Service 185 Spruce Street South, Timmins, Ontario P4N 2M7.