Regulation - LGIC
Proposed amendments to O. Reg. 347/18 (Exemptions) made under the Police Record Checks Reform Act, 2015 pertaining to the child and youth services sector.
Regulation Number(s):
O. Reg. 347/18 (Exemptions)
Instrument Type:
Regulation - LGIC
Bill or Act:
Police Record Checks Reform Act, 2015
Summary of Proposal:
The ministry is proposing to amend O. Reg. 347/18 under the Police Record Checks Reform Act, 2015 (PRCRA). Police record checks required under the Child, Youth and Family Services Act, 2017 (CYFSA) and the Intercountry Adoption Act, 1998 (IAA) would be exempted from the requirements contained in the body of the PRCRA, but subject to the safeguards contained in the Regulation. This amendment would ensure that all checks subject to the CYFSA and the IAA are performed in the same manner and support efforts by the Ministry of Children, Community and Social Services to create consistent police record checks requirements under the CYFSA and the IAA.
Specifically, the ministry is proposing to amend section 1 of O. Reg. 347/18 under the PRCRA ("Exemptions Regulation") to cover the types of roles/positions in the child and youth services sector that currently fall under a statutory exception to the PRCRA. Subsection 2(2) paragraph 8 of the PRCRA provides an exception from the PRCRA for searches requested by a children's aid society for the purpose of performing its functions under the CYFSA.
Searches related to other, similar roles/positions to those that are currently listed at section 1 of the Exemptions Regulation and that are governed by the CYFSA or the IAA would also be added to the Exemptions Regulation for consistency. The result would be that searches for all types of checks required under these Acts would be subject to the additional procedural safeguards under O. Reg. 347/18 (Exemptions). This includes restrictions as to when non-criminal information can be disclosed, and processes to respond to requests from an individual to review their results, correct inaccurate information or request a reconsideration of the information disclosed.
This proposal would support efforts by the Ministry of Children, Community and Social Services (MCCSS) to create regulatory provisions under the CYFSA and the IAA to streamline and clarify when and from whom police record checks are required; what practices and procedures are to be followed when a check is required (including validity periods and how often a check needs to be repeated); and the type of information police services will be asked to consider disclosing based on the type of check (including a broader range of records where an individual is prescribed to be in a unique position of trust and authority with respect to a child or young person).
These proposed amendments would also stipulate that individuals (instead of children's aid societies) would request and receive their check directly from a police service. In light of this proposal, the current exception for searches requested by children's aid societies under paragraph 8 of subsection 2(2) would no longer be relied upon.
MCCSS' proposed requirements respecting police record checks for the child and youth services sector were posted to the Ontario Regulatory Registry for public comment on March 21, 2022. The posting contemplated the types of roles/positions that would require checks as well as the information to be included based on the type of check. The intent is to now solicit feedback from stakeholders on the proposed changes to O. Reg. 347/18.
Specifically, the ministry is proposing to amend section 1 of O. Reg. 347/18 under the PRCRA ("Exemptions Regulation") to cover the types of roles/positions in the child and youth services sector that currently fall under a statutory exception to the PRCRA. Subsection 2(2) paragraph 8 of the PRCRA provides an exception from the PRCRA for searches requested by a children's aid society for the purpose of performing its functions under the CYFSA.
Searches related to other, similar roles/positions to those that are currently listed at section 1 of the Exemptions Regulation and that are governed by the CYFSA or the IAA would also be added to the Exemptions Regulation for consistency. The result would be that searches for all types of checks required under these Acts would be subject to the additional procedural safeguards under O. Reg. 347/18 (Exemptions). This includes restrictions as to when non-criminal information can be disclosed, and processes to respond to requests from an individual to review their results, correct inaccurate information or request a reconsideration of the information disclosed.
This proposal would support efforts by the Ministry of Children, Community and Social Services (MCCSS) to create regulatory provisions under the CYFSA and the IAA to streamline and clarify when and from whom police record checks are required; what practices and procedures are to be followed when a check is required (including validity periods and how often a check needs to be repeated); and the type of information police services will be asked to consider disclosing based on the type of check (including a broader range of records where an individual is prescribed to be in a unique position of trust and authority with respect to a child or young person).
These proposed amendments would also stipulate that individuals (instead of children's aid societies) would request and receive their check directly from a police service. In light of this proposal, the current exception for searches requested by children's aid societies under paragraph 8 of subsection 2(2) would no longer be relied upon.
MCCSS' proposed requirements respecting police record checks for the child and youth services sector were posted to the Ontario Regulatory Registry for public comment on March 21, 2022. The posting contemplated the types of roles/positions that would require checks as well as the information to be included based on the type of check. The intent is to now solicit feedback from stakeholders on the proposed changes to O. Reg. 347/18.
Analysis of Regulatory Impact:
The proposed amendments to O. Reg. 347/18 (Exemptions) are not anticipated to generate new direct compliance costs for the police services sector. New administrative costs associated with police services implementing police record check requirements in the child and youth services sector are not related to compliance with the PRCRA.
MCCSS' complementary proposal will impact the police services sector administratively (i.e., administrative costs incurred to learn about the regulations, updating policies and procedures to comply with new requirements, and hours / frequency units spent conducting police record checks for the child and youth services sector). It is anticipated that costs incurred will be higher in Year 1 of implementation (with standardization of broader record check requirements) and increase over time as more frequent checks are required (i.e., every three years).
Standardization of specific police record check requirements in the child and youth services sector (e.g., position and type of check required and frequency of check) can reduce administrative costs associated with erroneous or duplicative checks (i.e., a situation in which an individual does not request or receive the type of check from police services required to screen for their position, resulting in a second request for the appropriate type of check to screen for their position).
MCCSS' complementary proposal will impact the police services sector administratively (i.e., administrative costs incurred to learn about the regulations, updating policies and procedures to comply with new requirements, and hours / frequency units spent conducting police record checks for the child and youth services sector). It is anticipated that costs incurred will be higher in Year 1 of implementation (with standardization of broader record check requirements) and increase over time as more frequent checks are required (i.e., every three years).
Standardization of specific police record check requirements in the child and youth services sector (e.g., position and type of check required and frequency of check) can reduce administrative costs associated with erroneous or duplicative checks (i.e., a situation in which an individual does not request or receive the type of check from police services required to screen for their position, resulting in a second request for the appropriate type of check to screen for their position).
Further Information:
CYFSA, 2017 and IAA,1998
Proposal Number:
24-SOLGEN008
Posting Date:
May 8, 2024
Comments Due Date:
May 31, 2024
Contact Address:
Ministry of the Solicitor General
Community Safety and Animal Welfare Policy
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6
Attention: Police Record Checks Reform Act, 2015 - Proposed Amendments to O. Reg. 347/18
Community Safety and Animal Welfare Policy
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6
Attention: Police Record Checks Reform Act, 2015 - Proposed Amendments to O. Reg. 347/18