Those with criminal records and the employers dealing with the criminal record check of the candidates applying for posts in their organization must be aware of the new changes that come into the police record check that took effect on November 1, 2018. The criminal records check conducted on the Canadian Police Database are usually governed by the Police Records Checks Reform Act, 2015. As per this act, the police records checks have not been regulated. He practices with regard to record checks significantly vary depending on where the check is accomplished. However, the new legislation with regard to the police records check has standardized the procedures governing the record check.
Consent is needed in two stages
As per the new regulation, the candidate whose police records are tobe checked must give his or her written consent in two stages including the following.
In the first place, the concerned individual must give his or her written consent for the conduct of the particular kind of check intended.
In the second place, after receiving the criminal record check Canada results, the individual must give his or her consent to the provider of police records check to give a copy of the check results tot eh organization or persons requesting the check.
The different kinds of checks
The three types of police record checks done in Canada include criminal records check, criminal records and judicial matters check and vulnerable sector check.
Important points arising from the new legislation
The employers and individuals looking forward to conduct the police record check must make sure that the policies and practices adopted for the above checks comply with the Act and all the regulations connected to it.
With regard to the specific kind of check intended and with regard to the disclosure of the results of the police record check, the individual being screened will have to give his or her consent in writing.
The non-conviction information will never be disclosed to the employers unless they make a request for a vulnerable sector check and provided that the criteria for the exceptional kind of disclosure are adequately met.
The act prohibits the seeking of police record check pertaining to an individual in a way other than in compliance with the act or disclosing or using the information gathered for the purposes other than for why it is received and for what purpose it has been authorized by the law.