Canadian HR Reporter Weekly

2 Canadian HR Reporter, a Thomson Reuters business 2018 CANADIAN HR REPORTER WEEKLY As of Nov. 1, employers in Ontario face new decisions when it comes to requesting police record checks for po- tential employees. at's because the government's Police Record Checks Reform Act has come into force, looking to establish "clear and consistent rules" and protect public safety while strengthening civil liberties "by removing unnecessary barriers to employment, education and volunteer opportunities." "People in Ontario must not lose out on opportunities because of an inappropriate disclosure of non-criminal information," said Marie-France Lalonde, minister of community safety and correctional services. "It is also vitally important that we have an up-to- date, rigorous record checks process that ensures that employers have access to appropriate information." e move is a step in the right direction, said Abby Dreshman, director of the criminal justice program at the Canadian Civil Liberties Association in Toronto. "What we were seeing before this law came into force was a real patchwork for practices that could vary from police service to police service in terms of what would be released on police record checks. And this does bring a measure of consistency and some evidence-based rationale to what police are releasing on different levels of checks," she said. "ose are very important in ensuring that employers (and) volunteer managers aren't relying on irrelevant, discriminatory information when making hiring choices." 3 types of checks, 2 stages of consent e new act includes three types of police record checks — criminal record checks, criminal record and judicial matters checks, and vulnerable sector checks. A criminal record check includes applicable criminal convictions and findings of guilt under the federal Youth Criminal Justice Act. A criminal record and judicial matters check includes applicable criminal convictions, findings of guilt under the federal Youth Criminal Justice Act, absolute and conditional discharges, outstanding charges, arrest warrants, and certain judicial orders. And a vulnerable sector check includes the same type of information disclosed in a criminal record and judicial matters check as well as applicable findings of not criminally responsible due to a mental disorder, record suspensions (pardons) related to sexually based offences and, in some circumstances, non-conviction, charge-related information. Employees will also have more control over the process when it comes to releasing information to a potential employer because all requests for a police record check must now contain the concerned individual's written consent to the check. And the results of the check must be disclosed to the potential employee before being provided to the employer, and can only be disclosed to the employer with the individual's written consent. e government also introduced a new exemption in the regulations that's intended to streamline the process and alleviate some concerns as to what the employer is given, said David Foster, a labour and employment lawyer at Hicks Morley in London, Ont. "If a check gets performed through an authorized third party, it can be done on a self-disclosure basis… so the employee would tell the record check agency if they have any criminal convictions and if they did, what the Ontario reforms police record checks Changes meant to standardize process, eliminate barriers to employment BY SARAH DOBSON Sign up for the Canadian HR Newswire today for free and enjoy great content from the publishers of Canadian HR Reporter. HR News at Your Fingertips THE LATEST NEWS THE BEST COMMENTARY DELIVERED WEEKLY FOR READING ON ANY DEVICE Visit www.hrreporter.com/ canadian-hr-newswire

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