December 2nd, 2015 | Sterling

Compliance Update: Ontario Legislature Passes Bill 113, Police Record Checks Reform Act

Compliance Update: Ontario Legislature Passes Bill 113, Police Record Checks Reform Act

The Police Record Checks Reform Act, also known as Bill 113, was adopted unanimously by the Ontario legislature on December 1, 2015. The date on which it will come into force has not yet been set. The law will regulate how police checks are conducted in Ontario and its intent is to prevent discrimination based on irrelevant non-conviction information such as mental health interventions.

This law enshrines protections that are already built into SterlingBackcheck services, and we applaud the Ontario legislature for taking concrete action to protect Ontarians from unjust discrimination:

  • Our Canadian Criminal Record Check (CCRC) never results in disclosure of non-conviction information of any kind.

  • Our Enhanced Police Information Check (E-PIC)—defined under this law as a “criminal record and judicial matters check”—only flags information that is authorized for release under the new law.

While the intent of this law and the majority of its provisions are aligned with SterlingBackcheck’s services, there are some technical provisions—such as the requirement to provide results to applicants before they are delivered to the requesting organization—that may require adjustments to some of our current processes.

We are working with our industry partners through the National Association of Professional Background Screeners (NAPBS) to ensure our clients’ needs are considered in the drafting of regulations. Our processes and systems are designed with the agility to accommodate changing compliance requirements, so we will seamlessly provide compliant services on the day the law comes into force. Once the details of the regulations are known, we will notify our clients of the specific changes they can expect.

If you are concerned about the effect this law may have on your background screening program, or would like to know more about the law and how you can help ensure the government is aware of your organization’s needs, please contact your SterlingBackcheck representative for more information.

This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.