jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 0.1 In this Regulation, “mental health contact information” means non-criminal information held by a police service that relates to the actual, alleged or perceived mental health or addictions issues of an individual; (“renseignements sur toute prise de contact liée à la santé mentale”) “street check information” means non-criminal information held by a police service that is gathered when a police officer asks an individual for identifying information when the officer is inquiring into offences that have been or might be committed, inquiring into suspicious activities to detect offences or gathering information for intelligence purposes, and includes information relating to current or historical carding activity in accordance with Ontario Regulation 58/16 (Collection of Identifying Information in Certain Circumstances — Prohibition and Duties) made under the Police Services Act; (“renseignements sur les contrôles de routine”) “victim information” means non-criminal information held by a police service that has been gathered about an individual when the individual has been, or has been alleged to have been, a victim of a crime. (“renseignements sur une victime”) O. Reg. 477/21, s. 1. Conditions of Disclosure
Conditions of Disclosure
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Consent of individual
 0.2 A police service shall not conduct a police record check pursuant to an exemption set out in sections 1 to 19 in respect of an individual unless the request for the performance of a police record check contains the individual’s written consent. O. Reg. 477/21, s. 1.
Restricting information
 0.3 (1) A police service performing a police record check pursuant to an exemption set out in sections 1 to 19 may not disclose any information other than, (a) information listed in connection with a type of police record check set out in the Schedule to the Act; and (b) subject to subsection (2), information that represents a public safety concern. O. Reg. 477/21, s. 1. (2) The chief of police or designate may not disclose information that indicates a public safety concern unless the information is limited to what is necessary for that purpose and the chief or designate reasonably believes the information revealed during the police record check, (a) raises clear public safety concerns; (b) is recent or has occurred with enough frequency to raise ongoing public safety concerns; (c) is directly relevant to the position that the individual is being screened for; and (d) is based on reliable sources. O. Reg. 477/21, s. 1. (3) Subject to subsection (4), a police service shall not release the following types of information unless the chief of police or designate reasonably believes that the information satisfies the requirements set out in clauses (2) (a) to (d): 1. Mental health contact information. 2. Street check information. 3. Victim information. O. Reg. 477/21, s. 1. (4) A police service shall not disclose, (a) mental health contact information or street check information for checks performed under sections 9, 10 and 12; or (b) mental health contact information, street check information or victim information for checks performed under section 19. O. Reg. 477/21, s. 1.
Disclosure, corrections and reconsideration
 0.4 (1) A police service shall provide disclosure of the results of a police record check to the individual who is the subject of the request upon the individual’s request unless the police service, (a) may withhold this information from disclosure in accordance with an exemption set out in, (i) section 14 of the Freedom of Information and Protection of Privacy Act, or (ii) section 8 of the Municipal Freedom of Information and Protection of Privacy Act; or (b) is prohibited from disclosing the information under Part VI of the Youth Criminal Justice Act (Canada). O. Reg. 477/21, s. 1. (2) Every police service shall create and implement a process to respond to requests to correct information from individuals who have received information under subsection (1) and who believe there is an error or omission in that information. O. Reg. 477/21, s. 1. (3) Every police service shall create and implement a process to respond to requests from individuals who have received information under subsection (1) and who believe the chief of police or designate should reconsider the information disclosed as part of a police record check. O. Reg. 477/21, s. 1. (4) Information shall not be disclosed under section 0.3 if, after a reconsideration, the police service determines the information may not be disclosed under section 0.3. O. Reg. 477/21, s. 1.
Conditions
 0.5 It is a condition of every exemption under this Regulation that the police service shall, (a) prepare and maintain the statistical information required by the Minister in connection with police record check requests and shall provide that information to the Minister on request; and (b) comply with any directives issued by the Minister in relation to the Act. O. Reg. 477/21, s. 1. Exemptions from Entire Act
Exemptions from Entire Act
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Electricity Generation Facilities
 2. For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches: 1. A search for the purposes of screening a person who is being considered for a position as an employee in one of the following electricity generation facilities in order to determine the person’s suitability for the position: i. A generation facility as defined in subsection 2 (1) of the Electricity Act, 1998. ii. A generation facility in respect of which a licence has been issued to authorize an activity described in clause 57 (c) of the Ontario Energy Board Act, 1998. 2. A search for the purposes of screening a person who is being considered for a position, including a position as a volunteer or student, in order to determine the person’s suitability for the position, if the position would provide the person with access to an electricity generation facility referred to in paragraph 1. 3. A search for the purposes of screening a person in a position referred to in paragraph 1 or 2 in order to determine the suitability of the person continuing to hold the position.
Ontario Securities Commission
 3. (1) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of a search requested by or on behalf of the Ontario Securities Commission for purposes of the administration of the Securities Act, the Commodity Futures Act or the Loan and Trust Corporations Act or any rules or regulations made under any of those Acts. (2) For greater certainty, subsection (1) does not prevent the Act from applying in respect of a search for the purposes of screening, (a) a person who is being considered for employment in the Ontario Securities Commission; or (b) a person to whom the Ontario Securities Commission is considering awarding a contract for the provision of goods or services to the Commission or an employee of the prospective contractor who would provide goods or services to the Commission under the contract.
Provincial Security and Criminal Intelligence
 6. For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches: 1. A search for the purposes of screening a person who is being considered for appointment as the Provincial Security Advisor for Ontario or the Director of Criminal Intelligence Service Ontario in order to determine the person’s suitability for the appointment. 2. A search for the purposes of screening a person who has been appointed as the Provincial Security Advisor for Ontario or the Director of Criminal Intelligence Service Ontario in order to determine the suitability of the person continuing to hold the appointment. 3. A search for the purposes of screening a person being considered for a position as an employee in the office of the Provincial Security Advisor or Criminal Intelligence Service Ontario in the Ministry of the Solicitor General in order to determine the person’s suitability for the position. 4. A search for the purposes of screening a person who holds a position referred to in paragraph 3 in order to determine the suitability of the person continuing to hold the position. O. Reg. 347/18, s. 6; O. Reg. 477/21, s. 4.
Inspectors, investigators, etc.
 8. For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches if they are requested by the Crown in right of Ontario or any agency, board or commission or other entity responsible for the appointment or employment of the person and the searches are required by any entity that is providing access to information or data, or the person will have indirect access to information which would otherwise be protected by an entity: 1. A search for the purposes of screening a person who is being considered for a position which would include responsibilities, under any Act or regulation, for carrying out inspections to ensure compliance with the law, investigating offences or otherwise enforcing the law, in order to determine the suitability of the person for the position. 2. A search for the purposes of screening a person who is being considered for employment in, or an appointment to, a position managing or supervising a person referred to in paragraph 1, in order to determine the suitability of the person for the position. 3. A search for the purposes of screening a person who is being considered for a position to provide support or assistance to a person referred to in paragraph 1 or 2, whether as an employee or as a person hired under a contract, in order to determine the person’s suitability for the position. 4. A search for the purposes of screening a person who holds a position referred to in paragraph 1, 2 or 3 in order to determine the suitability of the person continuing to hold the position. O. Reg. 347/18, s. 8; O. Reg. 477/21, s. 5.
Special Investigations Unit
 9. (1) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches requested in relation to the administration of the Ontario Special Investigations Unit: 1. A search for the purposes of screening an applicant for a position as a volunteer in the Unit in order to determine the applicant’s suitability for the position. 2. A search for the purposes of screening an person who is a volunteer in the Unit in order to determine the suitability of the person continuing to hold the position. O. Reg. 347/18, s. 9. (2) For searches conducted in relation to the Ontario Special Investigations Unit, a police service shall not release mental health contact information or street check information. O. Reg. 477/21, s. 6.
Independent Police Review Director
 10. (1) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches: 1. A search for the purposes of screening a person who is being considered for appointment as the Independent Police Review Director under section 26.1 of the Police Services Act, in order to determine the person’s suitability for the appointment. 2. A search for the purposes of screening a person who has been appointed as the Independent Police Review Director in order to determine the suitability of the person continuing to hold the appointment. O. Reg. 347/18, s. 10. (2) For searches conducted in relation to the Independent Police Review Director, a police service shall not release mental health contact information or street check information. O. Reg. 477/21, s. 7. 11. Revoked: O. Reg. 477/21, s. 8.
Alcohol, cannabis and gaming sector
 12. (1) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches: 1. A search for the purposes of screening a person who is being considered for appointment to or employment in any of the following positions, in order to determine the person’s suitability for the position: i. A member of the board of directors of the Alcohol and Gaming Commission of Ontario established under the
Alcohol and Gaming Commission of Ontario Act, 2019. ii. The Registrar appointed under section 7 of the Alcohol and Gaming Commission of Ontario Act, 2019. iii. An employee of the Alcohol and Gaming Commission of Ontario who exercises managerial authority or who exercises decision-making authority over licensing, registration or compliance with an Act or regulation that the Commission is responsible for administering. 2. A search for the purposes of screening a person who holds a position described in paragraph 1 in order to determine the suitability of the person continuing to hold the position. 3. A search required by or on behalf of the Registrar for the purposes of an inquiry or investigation into the character, financial history and competence of a person under subsection 9 (1.1) of the Gaming Control Act, 1992. 4. A search for the purposes of an inquiry or investigation conducted under the Cannabis Licence Act, 2018, the Gaming Control Act, 1992, the Liquor Licence and Control Act, 2019 or the Horse Racing Licence Act, 2015. O. Reg. 347/18, s. 12; O. Reg. 470/18, s. 1; O. Reg. 764/21, s. 1. (2) For searches conducted in relation to the alcohol, cannabis and gaming sector, a police service shall not release mental health contact information or street check information. O. Reg. 477/21, s. 9.
Office of the Children’s Lawyer
 13. (1) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches: 1. A search for the purposes of screening a person who is being considered for one of the following appointments in order to determine the person’s suitability for the appointment: i.  Revoked: O. Reg. 477/21, s. 10 (1). ii. Appointment as the Children’s Lawyer under section 89 of the Courts of Justice Act. 2. A search for the purposes of screening a person who holds an appointment referred to in paragraph 1 in order to determine the suitability of the person continuing to hold the appointment. 3. A search conducted at the request of the Office of the Children’s Lawyer for the purposes of screening a person being considered for inclusion in a selected group of lawyers, or of social workers, mental health experts or other clinicians, who are eligible to be appointed by a court to provide services on behalf of the Children’s Lawyer for Ontario, in order to determine the person’s suitability for providing such services. 4. A search for the purposes of screening a person who is part of a selected group referred to in paragraph 3 in order to determine the suitability of the person continuing to be part of the selected group. 5.-7.  Revoked: O. Reg. 477/21, s. 10 (3). O. Reg. 347/18, s. 13 (1); O. Reg. 477/21, s. 10 (1-3). (2) In paragraph 3 of subsection (1), “lawyer” means a person who is licensed to practise law as a barrister and solicitor in Ontario; (“avocat”) “social worker” means a member of the Ontario College of Social Workers and Social Services Workers.  (“travailleur social”) O. Reg. 347/18, s. 13 (2). (3) For searches for the purposes of screening under subsection (1), the screening information is limited to persons that will have direct, in-person contact with children or other vulnerable persons within the context of their duties. O. Reg. 477/21, s. 10 (4). 14., 15. Revoked: O. Reg. 477/21, s. 11. 16. Revoked: 671/21, s. 1.
Criminal Injuries Compensation Board
 16. Revoked: 671/21, s. 1.
Child and Parent Resource Institute
 17. For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches with respect to persons working in or providing goods or services in the Child and Parent Resource Institute, located in London, Ontario and where the person will have direct, in-person contact with children or other vulnerable persons within the context of their duties: 1. A search for the purposes of screening a person who is being considered for a position, including a position as an employee, a volunteer or a student on placement in the Institute, in order to determine the suitability of the person for the position. 2. A search for the purposes of screening a person who holds a position referred to in paragraph 1 in the Institute in order to determine the suitability of the person continuing to hold the position. 3. A search for the purposes of screening a person to determine if the person is suitable to be awarded a contract to provide goods or services in the Institute or to determine the suitability of any of the prospective contractor’s employees for providing goods or services under the contract in the Institute. 4. Where a person has been awarded a contract described in paragraph 3, a search for the purposes of screening the person, or any of the person’s employees, to determine the suitability of the person or employee continuing to provide goods or services under the contract in the Institute. O. Reg. 347/18, s. 17; O. Reg. 477/21, s. 12.
Financial services
 18. For the purposes of section 12 of the Act, the Act does not apply in respect of the following searches: 1. A criminal record and judicial matters check for the purposes of screening an applicant for a licence that is issued by the Chief Executive Officer under the Insurance Act, the Mortgage Brokerages, Lenders and Administrators Act, 2006 or any other Act or regulation, in order to determine the applicant’s suitability for the licence. 2. A criminal record and judicial matters check for the purposes of screening a person who holds a licence referred to in paragraph 1 in order to determine the suitability of the person continuing to hold the licence. 3. A criminal record and judicial matters check requested by the Chief Executive Officer for the purposes of screening the director of a credit union in order to determine the suitability of the director to hold office where the Chief Executive Officer is considering making an order removing the director from office under subsection 94 (1) of the
Credit Unions and Caisses Populaires Act, 2020. O. Reg. 347/18, s. 18; O. Reg. 454/18, s. 3; O. Reg. 477/21, s. 13; O. Reg. 764/21, s. 2.
Exemptions from section 12 of the Act
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Agencies with access to CPIC
 20. A police record check provider described in clause (c) of the definition of police record check provider in subsection 1 (1) of the Act is exempt from section 12 of the Act.
Securities markets
 21. (1) In this section, “director” means a director as defined in subsection 1 (1) of the Securities Act; (“administrateur”) “exchange” means an exchange that has been recognized by the Commission under section 21 of the Securities Act or has been exempted by the Commission from the application of that section; (“bourse”) “investor relation activities” means investor relations activities within the meaning of section 2.22 of National Instrument 45-106 entitled “Prospectus Exemptions”, being a rule made by the Ontario Securities Commission under the Securities Act; (“activités de relations avec les investisseurs”) “issuer” means an issuer as defined in subsection 1 (1) of the Securities Act; (“émetteur”) “officer” means an officer as defined in subsection 1 (1) of the Securities Act; (“dirigeant”) “significant shareholder” means a significant shareholder within the meaning of National Instrument 55-104 entitled “Insider Reporting Requirements and Exemptions”, being a rule made by the Ontario Securities Commission under the Securities Act. (“actionnaire important”)  O. Reg. 347/18, s. 21 (1). (2) A police record check provider is exempt from section 12 of the Act with respect to a police record check if, (a) the police record check was for the purposes of screening one of the following persons: (i) a director or officer of an issuer or a person who is being considered for the position of a director or officer of an issuer, or (ii) a person who is a significant shareholder of an issuer or is engaged by the issuer or an affiliate of the issuer to carry out activities that are investor relation activities; (b) the issuer referred to in clause (a) is listed or posted on an exchange or the exchange is considering listing or posting the issuer; and (c) the police record check was requested by the exchange referred to in clause (b) or by an affiliate of the exchange.  O. Reg. 347/18, s. 21 (2); O. Reg. 454/18, s. 1. (3) A police record check provider is exempt from section 12 of the Act with respect to a police record check if, (a) the police record check is for the purpose of screening one of the following persons: (i) a director or officer of an organization or a person who is being considered for the position of director or officer of an organization, or (ii) a person who is a significant shareholder of an organization or is engaged by the organization or an affiliate of the organization to carry out activities that are investor relation activities; (b) the organization has been granted access to the trading system of an exchange or has applied for access to its trading system; and (c) the police record check was requested by the exchange referred to in clause (b) or by an affiliate of the exchange.  O. Reg. 347/18, s. 21 (3); O. Reg. 454/18, s. 1.