Police record checks
This information is provided for general purposes only and is not legal or professional advice or opinion of any kind.
Overview
A police record check, also known as a ‘background check’, is a search of police records on an individual. These checks are often used as part of a screening process for employment or volunteering. In Ontario, when a police record check is requested, consent must first be granted by the individual being checked.
In Ontario, the Police Record Checks Reform Act, sets the standards that govern how police record checks are conducted and what is included in the check. The act authorizes three different types of police record checks.
Criminal record check
A criminal record check includes:
- applicable criminal convictions
- findings of guilt under the federal Youth Criminal Justice Act
Criminal record and judicial matters check
A criminal record and judicial matters check, includes:
- applicable criminal convictions
- findings of guilt under the federal Youth Criminal Justice Act
- absolute and conditional discharges
- outstanding charges, arrest warrants and certain judicial orders
Vulnerable sector check
A vulnerable sector check includes:
- the same type of information that is disclosed in a criminal record and judicial matters check
- applicable findings of:
- not criminally responsible due to mental disorder
- record suspensions (pardons) related to sexually-based offences
- in certain circumstances, non-conviction charges related information, when a strict test is met
Types of information included in police record checks
In Ontario the following information must be included in police record checks that are subject to the Police Record Checks Reform Act.
| Type of information disclosed | Criminal record check | Criminal record and judicial matters check | Vulnerable sector check |
|---|---|---|---|
| Criminal offence convictions, unless a pardon has been issued or granted. | Disclosed However, does not disclose summary convictions if the request is made more than five years after the date of the summary conviction. | Disclosed However, does not disclose summary convictions if the request is made more than five years after the date of the summary conviction. | Disclosed However, does not disclose summary convictions if the request is made more than five years after the date of the summary conviction. |
| Guilty findings under the federal Youth Criminal Justice Act during the applicable period of access under that Act. | Disclosed Disclosed in accordance with restrictions under the Youth Criminal Justice Act and Police Record Checks Reform Act requirements. | Disclosed Disclosed in accordance with restrictions under the Youth Criminal Justice Act and Police Record Checks Reform Act requirements. | Disclosed Disclosed in accordance with restrictions under the Youth Criminal Justice Act and Police Record Checks Reform Act requirements. |
| Every criminal offence of which the individual has been found guilty and received an absolute discharge. | Not disclosed | Disclosed However, not disclosed if the request is made more than one year after the date of the absolute discharge. | Disclosed However, not disclosed if the request is made more than one year after the date of the absolute discharge. |
| Every criminal offence of which the individual has been found guilty and received a conditional discharge on conditions set out in a probation order. | Not disclosed | Disclosed However, not disclosed if the request is made more than three years after the date of the conditional discharge. | Disclosed However, not disclosed if the request is made more than three years after the date of the conditional discharge. |
| Every criminal offence for which there is an outstanding charge or warrant to arrest in respect of the individual. | Not disclosed | Disclosed | Disclosed |
| Every court order made against the individual. | Not disclosed | Disclosed However, does not disclose:
| Disclosed However, does not disclose:
|
| Every criminal offence with which the individual has been charged that resulted in a finding of not criminally responsible on account of mental disorder. | Not disclosed | Not disclosed | Disclosed However, does not disclose if the request is made more than five years after the date of the finding or if the individual received an absolute discharge. |
| Any conviction for which a pardon has been granted. | Not disclosed unless authorized under the Criminal Records Act (Canada). | Not disclosed unless authorized under the Criminal Records Act (Canada). | Not disclosed unless authorized under the Criminal Records Act (Canada). |
| Any non-conviction information (charges that have been dismissed, withdrawn or stayed, or that resulted in a stay of proceedings or an acquittal) authorized for exceptional disclosure in accordance with Section 10. | Not disclosed | Not disclosed | Disclosed Section 10 of Ontario’s Police Record Checks Reform Act outlines criteria that must be met for disclosing non-conviction information in circumstances set out in that section. |
Get a police record check
In Ontario, you can request a police record check from either:
- municipal police service
- a First Nations police service
- the Ontario Provincial Police
- a private business that is authorized to provide police record checks
Know your rights
If you are asked to get a police record check, under Ontario’s Police Record Checks Reform Act, your rights are:
- certain information cannot be disclosed under the act, including whether you were a victim or witness of a crime or if you had non-criminal contact with police while you were experiencing a mental health crisis (meaning it did not lead to charges)
- if a police record check provider carries out your check, the results will be released directly to you to confirm they are factually correct before you give permission for them to be released to a third party
- youth records, if released to the individual, are released as a separate record and should not be shared with anybody else, including a potential employer
- if you believe certain records in your check are inaccurate or should not be included as per the Police Record Checks Reform Act disclosure rules, you can ask the police record check provider for information on how you can seek a correction
- if you believe certain non-conviction information should not be included, you can ask the police record check provider to reconsider whether the information should be contained in your check
Exemptions to these rules may also apply in certain situations, which are outlined in the act or the Exemptions Regulation.
Volunteers requesting a police record check
An organization may require you to get a police record check to apply for or maintain a volunteer position.
In Ontario, under the Police Record Checks Reform Act, volunteers are eligible to receive free criminal record checks (CRC) and/or criminal record and judicial matters checks (CRJMC) from police services. Volunteers will still be required to pay any fees charged by police services for a Vulnerable Sector Check.
Volunteers can also receive up to five free copies of the results of their CRCs and/or CRJMCs, if the extra copies are requested at the time of the initial request.
- A “volunteer” is defined as:
A person who performs a service but who receives no compensation for doing so other than an allowance for expenses or an honorarium. It excludes a person receiving some other form of credit, such as academic credit or fulfilling a sentence requirement.
A police service may require a letter from the organization where you intend to volunteer to confirm your eligibility and the type of check required. Verify the requirements with your local police service.
If you request a CRC or CRJMC through a private business that is authorized to provide police record checks (instead of a police service), you would not be eligible for a free police record check under the act.
Organizations requesting a police record check
If an organization asks a person to get a police record check for reasons such as employment or licensing, the organization is responsible to ensure the screening process is consistent with the Ontario Human Rights Code as well as other relevant legislation.
Exemptions from Ontario’s Police Record Check Reform Act
Certain police record checks have been exempted from the Police Record Checks Reform Act, or parts of the act. A full list of exemptions are outlined in the legislation and the exemptions regulation .
Examples of police record check exemptions include, but are not limited to, certain situations such as:
- applying for child custody or adoptions
- providing residential care or foster care for children and youth
- applying for a legal name change
- requirements for a firearms license application
- screening for certain roles and purposes in the education, early years, childcare and justice sectors, and in relation to certain roles within the Ontario Public Service
- screening for certain roles in electricity generation facilities
- certain contexts related to securities markets