Proposal
Police Record Checks Reform Act, 2015 Exemptions and Operational Requirements
Regulation Number(s):
n/a
Instrument Type:
Proposal
Bill or Act:
Police Record Checks Reform Act, 2015
Summary of Proposal:
On December 1, 2015, Ontario passed the Police Record Checks Reform Act, 2015 (PRCRA) to promote public safety while removing unnecessary barriers that individuals may face when inappropriate information is disclosed in police record checks.
The PRCRA sets the province's first-ever clear, consistent and comprehensive set of standards to govern police record checks in Ontario. The legislation, when proclaimed, will ensure that Ontarians can:
• Decide whether they consent to a police record check being conducted on them or not.
• Expect the same standard types of police record checks to be available from police record check providers, regardless of where the person lives in the province or who conducts the check (e.g., police service, private sector provider). The three standard types of police record checks are: Criminal record checks, criminal record and judicial matters checks, and, where permitted, vulnerable sector checks.
• Expect that standard and consistent types of criminal-related information will be disclosed through police record checks, as set out in the legislation.
• Review their police record check before deciding whether they would like to share it with a requesting third party, such as a potential employer or educational institution. This provides the individual with an opportunity to address issues related to inaccurate information being included.
Certain regulations must be in place prior to proclamation of the PRCRA:
1. An Exemptions Regulation: to specify situations in which a police record check will not have to comply with one or more requirements under the PRCRA; and
2. An Operational Regulation: to specify operational procedures that police record checks providers must follow when conducting police record checks.
The Ministry of Community Safety and Correctional Services has developed a proposal for the regulations.
This posting includes:
• A summary of the proposal for the Exemptions Regulation and the Operational Requirements Regulation.
• A Background and Overview Presentation that provides context related to the PRCRA.
The government intends to file the regulations prior to the date they come into force so as to give affected parties time to comply with the requirements.
The PRCRA sets the province's first-ever clear, consistent and comprehensive set of standards to govern police record checks in Ontario. The legislation, when proclaimed, will ensure that Ontarians can:
• Decide whether they consent to a police record check being conducted on them or not.
• Expect the same standard types of police record checks to be available from police record check providers, regardless of where the person lives in the province or who conducts the check (e.g., police service, private sector provider). The three standard types of police record checks are: Criminal record checks, criminal record and judicial matters checks, and, where permitted, vulnerable sector checks.
• Expect that standard and consistent types of criminal-related information will be disclosed through police record checks, as set out in the legislation.
• Review their police record check before deciding whether they would like to share it with a requesting third party, such as a potential employer or educational institution. This provides the individual with an opportunity to address issues related to inaccurate information being included.
Certain regulations must be in place prior to proclamation of the PRCRA:
1. An Exemptions Regulation: to specify situations in which a police record check will not have to comply with one or more requirements under the PRCRA; and
2. An Operational Regulation: to specify operational procedures that police record checks providers must follow when conducting police record checks.
The Ministry of Community Safety and Correctional Services has developed a proposal for the regulations.
This posting includes:
• A summary of the proposal for the Exemptions Regulation and the Operational Requirements Regulation.
• A Background and Overview Presentation that provides context related to the PRCRA.
The government intends to file the regulations prior to the date they come into force so as to give affected parties time to comply with the requirements.
Further Information:
Proposal for the Exemptions Regulation and the Operational Requirements Regulations
(Download Adobe Reader)
Background and Overview Presentation
(Download Adobe Reader)
Proposal Number:
18-CSCS006
Posting Date:
March 28, 2018
Comments Due Date:
April 9, 2018
Contact Address:
Ministry of Community Safety and Correctional Services
Community Safety and Corrections Policy
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6
Attention: Police Record Checks Reform Act, 2015 Exemptions and Operational Requirements
Community Safety and Corrections Policy
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6
Attention: Police Record Checks Reform Act, 2015 Exemptions and Operational Requirements