jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) This Act applies to persons who require a search to be conducted of the Canadian Police Information Centre databases or another police database maintained by a police service in Canada to determine whether the databases contain entries relating to an individual in order to screen the individual, including without limitation, (a)  for the purposes of determining his or her suitability for employment, volunteer work, a licence, an office, membership in any body or to provide or receive goods or services; or (b)  for the purposes of assessing his or her application to an educational institution or program. 2015, c. 30, s. 2 (1). Exceptions (2) This Act does not apply in respect of the following: 1.  A search required under the Children’s Law Reform Act in respect of an application for a parenting order respecting decision-making responsibility with respect to a child by a person who is not a parent of the child. 2.  A search required for the purpose of the Office of the Children’s Lawyer representing a child or reporting to a court under section 112 of the Courts of Justice Act. 3.  A check required under the Change of Name Act in respect of an application for a change of name. 4.  A search requested by the sheriff under the Juries Act. 5.  A search conducted in relation to the administration of the Firearms Act (Canada). 6.  A search required for the purpose of carrying out the Attorney General’s functions under the Ministry of the Attorney General Act. 7.  A search required for the purpose of fulfilling the duties assigned to Crown Attorneys and provincial prosecutors under the Crown Attorneys Act. 8.  A search requested by a children’s aid society for the purpose of performing its functions under subsection 35 (1) of the Child, Youth and Family Services Act, 2017. 9.  Any other searches that may be prescribed. 2015, c. 30, s. 2 (2); 2017, c. 14, Sched. 4, s. 29 (1); 2020, c. 25, Sched. 1, s. 30. Provincial offences prosecutions (3) For greater certainty, the functions referred to in paragraph 6 of subsection (2) include the prosecution of provincial offences. 2015, c. 30, s. 2 (3). Records (4) This Act applies in respect of records in the custody or under the control of a police service or in the custody or under the control of another agency responsible for providing policing in Canada. 2019, c. 1, Sched. 4, s. 46 (5). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 29 (1) - 01/11/2018 2018, c. 3, Sched. 5, s. 48 (4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 46 (5) - 26/03/2019 2020, c. 25, Sched. 1, s. 30 - 01/03/2021
3 Except as otherwise provided in this Act or the regulations, this Act binds the Crown.
4 For greater certainty, nothing in this Act, (a)  permits or requires the disclosure of information whose disclosure is prohibited under the Criminal Code
(Canada), the Criminal Records Act (Canada), the Youth Criminal Justice Act (Canada), or any other law of Canada; (b)  affects the ability to collect, use or disclose personal information under clause 42 (1) (f) or (g) of the Freedom of Information and Protection of Privacy Act or clause 32 (f) or (g) of the Municipal Freedom of Information and Protection of Privacy Act; (c)  affects the ability to disclose personal information under the Community Safety and Policing Act, 2019; (d)  affects an individual’s right to access personal information about himself or herself under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act; or (e)  affects the power of a court or a tribunal to compel a witness to testify or compel the production of a document. 2015, c. 30, s. 4; 2019, c. 1, Sched. 4, s. 46 (6). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 48 (5) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 46 (6) - 26/03/2019 Manner of Request, Manner of Response
5 A person to whom this Act applies shall not request a police record check in respect of an individual in any manner other than in accordance with this Act.
6 A police record check provider responding to a request for a police record check from a person described in section 5 or from an individual who requests a police record check in respect of himself or herself shall respond to the request in accordance with this Act. Procedures Governing Police Record Checks
7 (1) An individual may request in writing that a police record check provider conduct a police record check in respect of the individual or that the provider cause such a check to be conducted. 2015, c. 30, s. 7 (1). Same, request by person or organization (2) A person or organization may request in writing that a police record check provider conduct a police record check in respect of an individual or that the provider cause such a check to be conducted. 2015, c. 30, s. 7 (2). Prescribed requirements (3) A person making a request under this section shall comply with any prescribed requirements. 2015, c. 30, s. 7 (3). Type of check (4) A request shall specify the particular type of police record check being requested. 2015, c. 30, s. 7 (4). Fee (5) A request shall be accompanied by any applicable fee. 2015, c. 30, s. 7 (5). Same, volunteers (6) Despite subsection (5), no fee shall be charged by a person referred to in clause (a) or (b) of the definition of “police record check provider” in subsection 1 (1) in respect of the following, if the police record check requested under subsection (1) of this section is of a type set out in paragraph 1 or 2 of subsection 8 (1) and the check is in relation to the individual becoming a volunteer or continuing as a volunteer: 1.  The conduct of the check under section 8. 2.  The disclosure of the results of the check under section 12. 3.  Five or fewer copies of the results of the check, if the copies were requested at the time the request for the check was made. 2021, c. 34, Sched. 20, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 20, s. 2 - 01/04/2022 Conducting police record check
8 (1) A chief of police or a member of a police service designated by a chief of police for the purposes of this Act shall conduct the following types of police record checks: 1.  Criminal record check. 2.  Criminal record and judicial matters check. 3.  Vulnerable sector check. 2015, c. 30, s. 8 (1); 2019, c. 1, Sched. 4, s. 46 (7). Others (2) An authorized body, a third party entity or an entity permitted by the Royal Canadian Mounted Police to access the Canadian Police Information Centre databases may conduct any of the types of police record checks mentioned in subsection (1) if, under an agreement with a police service or under the laws of Canada, the body or entity is permitted to conduct the particular type of check. 2015, c. 30, s. 8 (2); 2019, c. 1, Sched. 4, s. 46 (7). Consent of individual (3) A police record check provider shall not conduct a police record check in respect of an individual unless the request contains the individual’s written consent to the particular type of check. 2015, c. 30, s. 8 (3). Prescribed requirements (4) A type of police record check mentioned in subsection (1) that is in respect of an individual becoming a volunteer or continuing as a volunteer shall be conducted in accordance with any prescribed requirements if the check is conducted by a person mentioned in that subsection. 2021, c. 34, Sched. 20, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 48 (6) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 46 (7) - 26/03/2019 2021, c. 34, Sched. 20, s. 3 - 01/04/2022
9 A police record check provider shall not disclose information in response to a request for a police record check unless the information is authorized to be disclosed in connection with the particular type of police record check in accordance with the Schedule.
10 (1) This section applies with respect to the disclosure of non-conviction information in response to a request for a vulnerable sector check in respect of an individual. Criteria for exceptional disclosure (2) Non-conviction information about the individual is not authorized for exceptional disclosure unless the information satisfies all of the following criteria: 1.  The criminal charge to which the information relates is for an offence specified in the regulations made under subsection 22 (2) (c). 2.  The alleged victim was a child or a vulnerable person. 3.  After reviewing entries in respect of the individual, the police record check provider has reasonable grounds to believe that the individual has been engaged in a pattern of predation indicating that the individual presents a risk of harm to a child or a vulnerable person, having regard to the following: i.  Whether the individual appears to have targeted a child or a vulnerable person. ii.  Whether the individual’s behaviour was repeated and was directed to more than one child or vulnerable person. iii.  When the incident or behaviour occurred. iv.  The number of incidents. v.  The reason the incident or behaviour did not lead to a conviction. vi.  Any other prescribed considerations. Format of disclosure (3) When disclosing a record containing non-conviction information authorized for exceptional disclosure, the police record check provider shall ensure that the record contains the definition of “non-conviction information” found in this Act and that the information is clearly identified as such. Reconsideration (4) If the individual submits a request for reconsideration in accordance with the regulations, the provider shall, within 30 days after receiving the reconsideration request, reconsider its determination in accordance with any requirements prescribed by the Minister. Result of reconsideration (5) Non-conviction information shall not be disclosed if, after a reconsideration, the provider determines the information does not meet the criteria listed in subsection (2).
11 If this Act authorizes the disclosure of a finding of guilt under the Youth Criminal Justice Act
(Canada) in respect of an individual, the information shall be disclosed in a separate record from any record containing other information disclosed in respect of the individual in the prescribed form, if any.
12 (1) A police record check provider shall disclose the results of a police record check to the individual who is the subject of the request and shall not disclose the results to any other person, subject to subsection (2). Disclosure with consent (2) If an individual provides written consent after receiving the results of a check about himself or herself under subsection (1), the police record check provider may provide a copy of the information to the person or organization who requested the check under subsection 7 (2) or to another person or organization the individual specifies. Other requirements (3) A police record check provider shall comply with any other requirements that may be prescribed respecting disclosure.
13 A person or organization that receives information under subsection 12 (2) shall not use it or disclose it except for the purpose for which it was requested or as authorized by law.
14 The Minister may require the use of an approved form for any purpose under this Act. Additional Requirements
15 (1) Every police record check provider shall create and implement a process to respond to a request from an individual to correct information in respect of the individual if the individual believes there is an error or omission in the information. Prescribed requirements (2) The process shall comply with any requirements the Minister may prescribe.
16 Every police record check provider shall prepare and maintain the prescribed statistical information in connection with police record check requests and shall provide that information to the Minister on request.
17 A police service board or the Commissioner of the Ontario Provincial Police shall ensure that any agreement the board or Commissioner enters into with a third party entity or authorized body in respect of police record checks includes provisions respecting the entity’s or body’s compliance with this Act and the regulations. 2015, c. 30, s. 17; 2019, c. 1, Sched. 4, s. 46 (8). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 48 (7) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 46 (8) - 26/03/2019
18 A third party entity shall comply with any prescribed requirements in connection with police record checks.
18.1 A police record check in respect of an individual becoming a volunteer or continuing as a volunteer shall not be relied on, for a prescribed purpose, after the period of time prescribed for that purpose. 2021, c. 34, Sched. 20, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 20, s. 4 - 01/04/2022 Enforcement
19 (1) A person or organization that wilfully contravenes section 5, 8, 9, 10, 11, 12 or 13 is guilty of an offence. Penalty (2) A person convicted of an offence is liable to a fine of not more than $5,000. No prosecution without consent (3) A prosecution shall not be commenced under this section without the Minister’s consent. Proof of consent (4) The production of a document that appears to show that the Minister has consented to a prosecution under this section is admissible as evidence of the Minister’s consent. Administrative Matters
20 The Minister may issue directives to police record check providers with respect to matters to which this Act applies.
21 The Minister shall conduct a review of this Act within five years after the day this section comes into force. Regulations Regulations
22 (1) The Lieutenant Governor in Council may make regulations, (a)  exempting any person or class of persons from any provision of this Act and attaching conditions to the exemption; (b)  defining, for the purposes of this Act and the regulations, any word or expression used in this Act that has not already been expressly defined in this Act; (c)  prescribing anything that, under this Act, may or must be prescribed or done by regulation, other than the matters in respect of which the Minister may make regulations under subsection (2); (d)  generally for carrying out the purposes and provisions of this Act. Minister (2) The Minister may make regulations, (a)  approving forms and requiring their use for any purpose under this Act; (b)  respecting statistical information that a police record check provider must prepare and maintain in connection with police record check requests; (c)  specifying offences for the purposes of the criteria for exceptional disclosure of non-conviction information under section 10; (d)  governing the process for conducting a reconsideration under section 10. Incorporation by reference (3) A regulation made under clause (2) (d) may adopt, by reference, in whole or in part, and with such changes as are considered necessary, one or more documents setting out standards or procedures for reconsiderations. 23-29 Omitted (amends, repeals or revokes other legislation). 30 Omitted
(provides for coming into force of provisions of this Act). 31 Omitted (enacts short title of this Act). SCHEDULE