Exemption, certain police record checks
 21.1 (1) A police record check provider is exempt from section 12 of the Act with respect to a police record check if, (a) the check is a criminal record check or a criminal record and judicial matters check; (b) the individual who is subject of the check declares his or her Canadian criminal conviction history to the provider for the purpose of obtaining the check; (c) before conducting the check, the provider obtains the written consent of the individual to, (i) conduct a criminal record check or a criminal record and judicial matters check, whichever is being conducted, and (ii) disclose the results of the check to, (A) the individual, (B) a specified person or organization, or (C) a specified third party entity who may disclose the results to a specified person or organization; (d) a member of a police force uses the self-declaration described in clause (b) to assess, (i) whether the conviction information in the self-declaration matches the individual’s conviction records in a police database maintained by a police force in Canada, and (ii) in the case of a criminal record and judicial matters check, whether a police database maintained by a police force in Canada contains records for the individual, other than conviction records, that the Schedule to the Act would permit to be disclosed in a criminal record and judicial matters check; (e) after determining whether there is a match, a member of the police force discloses the information described in clause (f) and, if applicable, in clause (g) to whichever person or entity was specified in the individual’s consent; (f) the following information is disclosed as a result of the criminal record check or criminal record and judicial matters check: (i) if there is a match between the individual’s self-declaration of no criminal convictions and the conviction records, the fact that there is a match with no criminal convictions is disclosed, (ii) if there is a match between the individual’s self-declaration of criminal convictions and the conviction records, the fact that there is a match with criminal convictions and a copy of the individual’s self-declaration is disclosed, (iii) if the individual’s self-declaration and the conviction records do not match or if it is otherwise not possible to complete the check, the fact that it is not possible to complete the criminal record check is disclosed; (g) in the case of a criminal record and judicial matters check, the following additional information is disclosed: (i) if no records described in subclause (d) (ii) were found, the fact that there is a clear result for judicial matters is disclosed, (ii) if any records described in subclause (d) (ii) were found, the fact that there is not a clear result for judicial matters is disclosed; and (h) if information is disclosed under clause (e) to a third party entity, the third party entity provides a copy of the disclosed information to the individual on his or her request. O. Reg. 454/18, s. 5 (1). (2) Every third party entity that receives information under subsection (1) shall ensure that the information is not used or disclosed except for the purpose for which it was requested or as authorized by law. O. Reg. 454/18, s. 5 (1). (3) In this section, “conviction records”, in respect of an individual, means any information relating to a criminal offence of which the individual has been convicted, and for which a pardon has not been issued or granted, that the Schedule to the Act would permit to be disclosed in a criminal records check. O. Reg. 454/18, s. 5 (1). Note: On the day section 2 of Schedule 3 to the Comprehensive Ontario Police Services Act, 2019 comes into force, section 21.1 of the Regulation is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: O. Reg. 304/19, s. 2) 22. Revoked: O. Reg. 477/21, s. 15. 23. (1, 2) Omitted (provides for coming into force of provisions of this Regulation). (3) Revoked: O. Reg. 477/21, s. 16.  Français