Policing services
 5. (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 any of the following positions, in order to determine the person’s suitability for the position: i. A member of a police force. ii. An employee of a police services board in a position other than as a member of a police force. iii. An auxiliary member of a police force appointed under section 52 of the Police Services Act or a volunteer providing services to a police force. iv. An appointment as a member of a police services board. v. An appointment as a special constable under section 53 of the Police Services Act. vi. An appointment as a First Nations Constable under section 54 of the Police Services Act. vii. A position as an employee or volunteer working for a band or any other employer of First Nations Constables if the position supports or otherwise relates to the provision of police services. viii. Any employee or any other person who has access to the Ontario Major Case Management Manual and software, as outlined in Ontario Regulation 354/04 (Major Case Management) made under the
Police Services Act. 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 to determine if the person is suitable to be awarded a contract to provide goods or services to a police services board or to a band or any other employer of First Nations Constables, or to determine the suitability of any of the prospective contractor’s employees, if the contract would provide the prospective contractor or employee with, i. access to information related to the administration of justice which, if mishandled, could be used to significantly jeopardize the safety of an individual, ii. access to information which, if mishandled, could be used to undermine the administration of justice, iii. access to facilities or assets if the mishandling of such access could, A. significantly jeopardize the safety of an individual or the security of the facility or assets, or B. be used to undermine the administration of justice, or iv. access to systems or procedures established to protect items or information if the mishandling of such access could, A. significantly jeopardize the safety of an individual or the security of the items or information, or B. be used to undermine the administration of justice. 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. O. Reg. 347/18, s. 5 (1); O. Reg. 477/21, s. 3. (2) In subsection (1), “band” has the same meaning as in the Indian Act (Canada); (“bande”) “member of a police force” means a member of a police force as defined in subsection 2 (1) of the Police Services Act; (“membre d’un corps de police”) “police force” means as police force as defined in subsection 2 (1) of the Police Services Act; (“corps de police”) “police services board” means a municipal police services board within the meaning of the Police Services Act. (“commission de services policiers”) O. Reg. 347/18, s. 5 (2).