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O. Reg. 304/19: EXEMPTIONS
filed August 29, 2019 under Police Record Checks Reform Act, 2015, S.O. 2015, c. 30
Skip to contentontario regulation 304/19
made under the
Police Record Checks Reform Act, 2015
Made: August 22, 2019
Filed: August 29, 2019
Published on e-Laws: August 30, 2019
Printed in The Ontario Gazette: September 14, 2019
Amending O. Reg. 347/18
(EXEMPTIONS)
1. (1) Section 5 of Ontario Regulation 347/18 is revoked and the following substituted:
Police 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 service.
ii. An employee of a police service board in a position other than as a member of a police service.
iii. A volunteer providing services to a police service.
iv. An appointment as a member of a police service board.
v. An appointment as a special constable under section 92 of the Community Safety and Policing Act, 2019.
vi. An appointment as a First Nation Officer under section 101 of the Community Safety and Policing Act, 2019.
vii. A position as an employee or volunteer working for an entity that employs First Nation Officers if the position supports or otherwise relates to the provision of policing.
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 police service board or to an entity that employs First Nation Officers, 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, in order to determine the suitability of the person or employee continuing to provide goods or services under the contract.
(2) In subsection (1),
“member of a police service” means a member of a police service as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019; (“membre d’un service de police”)
“police service” means as police service as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019; (“service de police”)
“police service board” means a police service board as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019. (“commission de service de police”)
(2) Subsection (1) applies only if it comes into force before the day section 22 of the Regulation comes into force.
2. Section 21.1 of the Regulation is amended by striking out “police force” wherever it appears and substituting in each case “police service”.
3. Subsection 23 (3) of the Regulation is revoked and the following substituted:
(3) Section 22 comes into force on January 1, 2021.
O. Reg. 454/18
4. (1) Section 2 of Ontario Regulation 454/18, which would remake section 5 of the Regulation, is revoked.
(2) Subsection 5 (2) of Ontario Regulation 454/18, which would amend section 21.1 of the Regulation, is revoked.
Commencement
5. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Subsection 1 (1) and section 2 come into force on the later of the day section 2 of Schedule 3 to the Comprehensive Ontario Police Services Act, 2019 comes into force and the day this Regulation is filed.