CANADIAN EMPLOYMENT LAW TODAY
Background screening rules changing
for Ontario retirement homes in 2014
Retirement homes to be subject to same rules as long-term cares homes as of Jan. 1
| BY GERALD GRIFFITHS
AND ERIN KUZZ |
LONG-TERM CARE homes in Ontario have
been subject to background screening
requirements since 2011 when the Long
Term Care Homes Act was amended.
As of Jan. 1, 2014, s. 64 of the Retirement Homes Act, 2010, (RHA) will
come into force and impose similar obligations on retirement homes. The new
screening requirements are significant
and apply broadly, which is not surprising given the purpose of the legislation.
For most homes in the province, compliance will require changes to the way
in which they recruit and hire staff and
volunteers, whether directly or through
a staffing agency.
Screening before hiring
staff or accepting volunteers
The amendments to the RHA require
that all staff and volunteers undergo
screening measures prior to being hired
or accepted to work in a licensed retirement home.
The screening measures must be
conducted by a police force within six
months before the retirement home
hires the staff or accepts the volunteer
to work in the home. It is therefore not
an option for an individual to be hired
or accepted and then undergo screening. To address this, it will be important
that any employment offer or volunteer
arrangement be in writing and conditional on background screening results.
It is also advisable to clearly state that
the individual can commence work only
after the results of the screening are received and considered.
The amendments specifically require
that a background check include a "vulnerable sector screen" to determine the
person's suitability to be a staff member
or volunteer in a retirement home.
A "vulnerable sector screen" is a
search of the RCMP National Repository of Criminal Records, Pardoned Sex
Offender Database and other police databases. The information disclosed is
extensive and can include the following: criminal record (adult and young
offender, including summary offences),
outstanding charges, findings of not
guilty by reason of mental disorder, probation, prohibition and other judicial
orders in effect, convictions or pending
charges under the Child and Family Services Act, apprehensions or contact under the Mental Health Act, and suspect/
culprit information where the release of
such information will not hinder any ongoing investigation.
Notably, the protocol for applying for
a vulnerable sector screen, as well as
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Published by Canadian HR Reporter, a Thomson Reuters business 2013
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