Administration of justice sector
 7. (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 by or on behalf of the Crown in Right of Ontario in accordance with any applicable directives or policies made by the Public Service Commission or by the Management Board of Cabinet: 1. A search for the purposes of screening a person being considered for a position as a public servant appointed under Part III of the Public Service of Ontario Act, 2006
to work in a ministry or Commission public body in order to determine the suitability of the person for the position, if the position meets the requirements set out in subsection (2) or (3). 2. A search for the purposes of screening a person who holds a position referred to in paragraph 1 in order to determine the suitability of the person continuing to hold the position. 3. A search for the purposes of screening a person in order to determine if the person is suitable to be awarded a contract to provide goods or services to a ministry, agency, board, commission or other entity, or to determine the suitability of any of the prospective contractor’s employees for providing goods or services under the contract, if the contract would provide the contractor or employee with access to information, facilities, assets, systems or procedures described in subsection (2). 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. (2) Paragraph 1 of subsection (1) applies in respect of any position in which the public servant will have, (a) access to information related to the administration of justice which, if mishandled, could be used to significantly jeopardize the safety of an individual; (b) access to information which, if mishandled, could be used to undermine the administration of justice; (c) access to facilities or assets if the mishandling of such access could, (i) significantly jeopardize the safety of an individual or the security of the facility or assets, or (ii) be used to undermine the administration of justice; or (d) access to systems or procedures established to protect items or information if the mishandling of such access could, (i) significantly jeopardize the safety of an individual or the security of the items or information, or (ii) be used to undermine the administration of justice. (3) Paragraph 1 of subsection (1) applies in respect of any position in which the public servant, (a) is responsible for conducting security checks of persons who are being considered for a position that meets the requirements set out in subsection (2) or for a contract described in paragraph 3 of subsection (1); and (b) will have access to a type of police record check other than a criminal record check for the purposes of fulfilling the responsibilities described in clause (a). (4) In subsection (1), “Commission public body” means a Commission public body as defined in subsection 2 (1) of the Public Service of Ontario Act, 2006.