December 16th, 2024 | Sterling

Understanding Ontario’s Police Record Checks Reform Act: A Guide to Criminal Record Checks and Third-Party Screening Services

The Police Record Checks Reform Act of Ontario (PRCRA) came into effect on November 1, 2018. This legislation categorizes criminal record checks conducted by Ontario police into three distinct types and outlines the conditions for their use.

In this blog, let’s explore each type of criminal record check and how they correspond to the background check services provided by third-party screening companies like Sterling Backcheck, including the Canadian Criminal Record Check (CCRC) and the Enhanced Police Information Check (E-PIC).

Defining the Objectives of the PRCRA

The Police Record Checks Reform Act of Ontario (PRCRA) has four primary objectives:

  1. Standardizing the three types (levels) of checks that Ontario police can provide:
  1. Providing applicants with the opportunity to review and consent to the disclosure of their information.
  2. Offering applicants a process to request reconsideration of disclosed information.
  3. Allowing police to disclose non-conviction information in VSC under specific criteria.

Generally, the PRCRA mandates that applicants must be given the opportunity to review their information and provide consent for its disclosure. However, certain sectors are granted exemptions, as specified in the Act’s regulations. Third-party background check companies (such as Sterling Backcheck) are exempt because their processes don’t involve disclosing applicant information.

To understand why this exemption applies, it’s important to distinguish between the discovery and disclosure of information. According to federal policy, third-party companies provide criminal record check services allowing candidates to declare their own convictions. Police partners then respond to these declarations with a standardized confirmation (if the convictions are declared accurately). If a criminal record is discovered when the candidate claims to have none, or if the declaration is inaccurate, no details are disclosed.

Here are two critical questions to consider from an employer’s perspective:

  1. Do the criminal record check services offered by third-party screening providers like Sterling Backcheck align with the three levels of checks outlined by the PRCRA?
  2. Are there any discrepancies between an “Unable to Complete” check conducted by a third party and the information that an Ontario police service might ultimately disclose about an applicant?

The Three Levels of Police Checks in Ontario

1. Criminal Record Check

The criminal record check, as defined by the PRCRA, is a search of the National Repository of Criminal Records maintained by the Royal Canadian Mounted Police (RCMP). This base level search, which corresponds to Sterling Backcheck’s Canadian Criminal Record Check, involves the discovery of adult criminal convictions. The process to complete the search is the same whether it is performed by an Ontario police service, as per the PRCRA, or by a third-party screening provider through one of its Canadian Police Partner Agencies (PPA).

Due to federal policy allowing candidates to declare their adult convictions, all police services – including Sterling Backcheck’s Canadian PPA – are authorized to generate a standard response confirming the applicant’s declaration when it matches the contents of their file.  This is not considered a disclosure, since it’s information that the applicant already declared.

Although the PRCRA identifies Youth Convictions as being disclosed, any such disclosure is subject to the provisions of the Youth Criminal Justice Act.  These provisions are narrow in the context of background checks and limited to positions with the federal, provincial, or municipal government. Sterling Backcheck’s processes do not disclose youth convictions.

2. Criminal Record and Judicial Matters Check

The Criminal Record and Judicial Matters Check expands on the level 1 Criminal Record Check by also searching for pending criminal charges, arrest warrants, absolute, and conditional discharges that are in effect, and prohibition and probation orders associated to convictions. The tools used by Ontario police services for these searches are the same as those used by Sterling Backcheck’s PPA when an employer requests an Enhanced Police Information Check (E-PIC).

In a minority of cases, E-PIC indicates that potentially relevant information about the applicant has been discovered. The candidate will then be referred to the police service in their jurisdiction for the disclosure of relevant information.

  • For Ontario police services, this involves undergoing a Criminal Record and Judicial Matters Check.
  • In other parts of Canada, this process is generally referred to as a Police Information Check (PIC).

When this check is requested, the police service must decide on the disclosure of the information, often in cooperation with other police jurisdictions if the information belongs to them. This “handoff” occurs across all jurisdictions in Canada. In Ontario, the PRCRA defines the parameters for disclosure in these scenarios.

3. Vulnerable Sector Check

Federal policy currently prevents third-party background screeners from initiating Vulnerable Sector Checks. The primary difference between this check and the Enhanced Police Information Check is the inclusion of a search of the Pardoned Sex Offender Database, as mandated by the Criminal Records Act. To properly understand the Pardoned Sex Offender Database, pardons, and record suspensions, we encourage you to download our whitepaper: Screening for Positions of Trust.

It’s worthy to note that the PRCRA has a provision for exceptional disclosure of non-conviction information from local police records. However, it only applies to Vulnerable Sector Checks. This provision is quite narrow, and understanding the criteria outlined in the PRCRA is essential to grasp its application. The Local Police Information searches included in Sterling’s E-PIC service encompass the types of non-conviction information that Ontario police services may disclose during a Vulnerable Sector Check.

When organizations are advised that an Ontario candidate who underwent an Enhanced Police Information Check must be referred to their police service, they may then choose to request a Vulnerable Sector Check. If the police service agrees that running this check is lawful, it could result in additional disclosure of non-conviction information about the candidate.

Conclusion

Sterling Backcheck’s processes align with the Police Record Check Reform Act of Ontario, supporting the important distinction between discovery and disclosure of applicant information.

Well over 90% of applicants have no criminal or adverse police information about them. The value of Sterling Backcheck’s services lies in determining this quickly, securely, and conveniently.

Ontario legislators acknowledge that our processes do not disclose applicant information, exempting us from the requirement to obtain additional consent before sharing results.

If you have questions about the PRCRA and Sterling Backcheck’s products, we’re here to help.

This content is offered for informational purposes only. First Advantage is not a law firm, and this content does not, and is not intended to, constitute legal advice. Information in this may not constitute the most up-to-date legal or other information.

Readers of this content should contact their attorney or lawyer to obtain advice concerning any particular legal matter. No reader, or user of this content, should act or refrain from acting on the basis of information in this content without first seeking legal advice from counsel or lawyers in the relevant jurisdiction. Only your individual attorney or legal advisor can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this content does not create an attorney-client relationship between the reader, or user of this presentation and First Advantage.

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