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, 2015 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
  • criminal record and judicial matters check
  • vulnerable sector check

Criminal record check

A criminal record check includes:

Criminal record and judicial matters check

A criminal record and judicial matters check, includes the same type of information that is in a criminal record check as well as:

  • absolute and conditional discharges
  • outstanding charges
  • arrest warrants
  • certain judicial orders

Vulnerable sector check

A vulnerable sector check includesthe same type of information that is in a criminal record and judicial matters check, as well as any applicable findings of:

  • not criminally responsible on account of mental disorder
  • record suspensions (pardons) related to sexually-based offences
  • non-conviction charges-related information, in certain circumstances and when a strict test is met

How to get a police record check

Before applying for a police record check, make sure you know which type of check you need. If you are unsure, contact the agency, organization or employer requesting the check.

You will need to provide the purpose of the check. For example, for employment, volunteering or for another purpose.

In Ontario, you can request a police record check online, in person, or through the mail from the police service where you live, including:

Some police record checks can be completed by authorized third-party police record check providers. Vulnerable sector checks must be completed by your local police service.

The Ministry of the Solicitor General does not issue police record checks, nor does it approve or license third-party police record check providers.

Check the website of your local police service or third-party police record check provider, or contact them directly for more information on:

  • application processes and forms
  • identification documents and requirements
  • processing time
  • fees
  • status of your application
  • any availability of a previous police record check

Employers, agencies, and organizations may have their own policies including how often they request checks and whether previous checks can be reused. Please contact the agency/organization or employer requesting the check for their specific requirements.

Contact the Royal Canadian Mounted Police if you are a Canadian citizen or permanent resident living outside of Canada, and need any of the following:

  • criminal record check from Canada
  • confirmation that you have no criminal record in Canada

Organizations requesting a police record check

Organizations requesting police record checks for reasons such as employment or licensing must ensure the screening process adheres to the Ontario Human Rights Code and other relevant legislation.

Employers or organizations cannot request a police record check for an individual without their knowledge and consent. Individuals must consent to a police record check by applying for the check required.

Volunteers requesting a police record check

To apply for or work in a volunteer position, an organization may require you to get a police record check.

Volunteers are people who perform a service but receive:

  • no compensation
  • only an allowance for expenses
  • only an honorarium

Volunteers may not receive some other form of credit, such as academic credit or fulfilling a sentence requirement.

In Ontario, volunteers can receive free criminal record checks and/or criminal record and judicial matters checks from police services only. Criminal record checks and/or criminal record and judicial matters checks completed through a third-party police record check provider (instead of a police service), are not eligible for a free police record check. Volunteers are still required to pay any fees charged by police services for a vulnerable sector check.

Volunteers can receive up to five free copies of the results of their criminal record check and/or criminal record and judicial matters check, if the extra copies are requested when the application is submitted.

A police service may require a letter from the organization where you want to volunteer to confirm your eligibility and the type of check required for a free police record check. Verify the requirements with your local police service.

Working or volunteering with vulnerable people

People who work or volunteer where they are in a position of trust or authority over children or other vulnerable persons can be asked for a vulnerable sector check. This is based on the type of work they do.

A child is anyone under the age of 18 years.

A vulnerable person is a person who, because of their age, disability or other circumstance, whether temporary or permanent, is:

  • in a position of dependency on others
  • at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them

Under the federal Criminal Records Act, a police service can only issue a vulnerable sector check if the application meets the requirements in the Act.

If applying for a vulnerable sector check, a police service may require you to provide some of the information below to support your application, including:

  • a letter from the agency or organization requesting the check, with a description of the position (for example, details about the applicant’s involvement with vulnerable persons and describing how the applicant will be in a position of trust or authority over vulnerable persons, such as regularly providing direct care or assistance)
  • the name of the organization staffing the position
  • an agency code where applicable
  • fingerprints for identity verification

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, 2015.

Type of information disclosedCriminal record checkCriminal record and judicial matters checkVulnerable sector check   
Criminal offence convictions, unless a pardon has been issued or granted.DisclosedDisclosed
However, does not disclose summary convictions if the request is made more than five years after the date of the summary conviction.
DisclosedDisclosed
However, does not disclose summary convictions if the request is made more than five years after the date of the summary conviction.
DisclosedDisclosed
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, 2002 and Police Record Checks Reform Act,2015 requirements.
Disclosed
Disclosed in accordance with restrictions under the Youth Criminal Justice Act, 2002 and Police Record Checks Reform Act, 2015 requirements.
Disclosed
Disclosed in accordance with restrictions under the Youth Criminal Justice Act, 2002 and Police Record Checks Reform Act, 2015 requirements.
   
Every criminal offence of which the individual has been found guilty and received an absolute discharge.Not disclosedDisclosed
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 disclosedDisclosed
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 disclosedDisclosedDisclosed   
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 disclosedNot disclosedDisclosed 
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.Not disclosed unless authorized under the Criminal Records Act.Not disclosed unless authorized under the Criminal Records Act.   
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 disclosedNot disclosedDisclosed
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.
   

Know your rights

If you are asked to get a police record check, under Ontario’ Police Record Checks Reform Act, 2015, 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)
  • after a police record check provider processes 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, 2015 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  section 2(2) of the Act and the exemptions regulation (Ontario Regulation 347/18: Exemptions).

Exempted police record checks

Certain police record checks are subject to exemptions from the Police Record Checks Reform Act, 2015. Exempted checks are usually more extensive checks and as a result, they potentially disclose more information than a vulnerable sector check. The types of additional information that can be disclosed pursuant to an exempted check may be governed by other legislation. 

Examples of police record check exemptions include applying for child custody or adoptions, or requirements for a firearms license application. The full list can be found in section 2(2) of the Police Record Checks Reform Act, 2015 and in the exemptions regulation (Ontario Regulation 347/18: Exemptions).