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ontario regulation 307/24

made under the

Police Record Checks Reform Act, 2015

Made: July 25, 2024
Filed: July 29, 2024
Published on e-Laws: July 29, 2024
Published in The Ontario Gazette: August 17, 2024

Amending O. Reg. 347/18

(EXEMPTIONS)

1. Section 1 of Ontario Regulation 347/18 is revoked and the following substituted:

Exemptions under the Child, Youth and Family Services Act, 2017 and the Intercountry Adoption Act, 1998

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 complying with a requirement to obtain a police record check, referred to as a broad record check, under section 121 of Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017.

2.  A search for the purposes of complying with a requirement to obtain a police record check, referred to as a broad record check, under section 18 of Ontario Regulation 200/99 (General) made under the Intercountry Adoption Act, 1998.

2. Paragraphs 1 to 6 of section 4 of the Regulation are revoked and the following substituted:

1.  A search for the purposes of screening a person who is being considered for a position as a volunteer or student in a correctional institution within the meaning of the Ministry of Correctional Services Act, that is operated or maintained by the Ministry of the Solicitor General, in order to determine the suitability of the person for the position.

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 the person’s suitability for being granted access to a correctional institution described in paragraph 1 for the purposes of providing services to inmates or persons in custody, if the access would include,

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.

3. Section 17 of the Regulation is revoked.

Commencement

4. This Regulation comes into force on the later of January 1, 2025 and the day this Regulation is filed.

 

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