November 1st, 2018 | Sterling

Ontario’s Police Record Checks Reform Act (Bill 113) comes into force

It’s November 1, the day when Ontario’s Police Record Checks Reform Act (also known as Bill 113) comes into force. This law, passed in 2015, has resulted in significant discussion among organizations that rely on police background checks.

Sterling took a very proactive approach in responding to this law and worked closely with the Canada chapter of the National Association of Professional Background Screeners (NAPBS) to help educate the Ontario government on industry practices, our role and our concerns.

Once the regulations were published in April 2018, Sterling immediately started preparing to comply with the regulations and provide client support for a significant process change to a core product:

• A technology project was kicked off to incorporate the new process required by the regulations, where the candidate would need to view results and provide a second written consent before the results of the Canadian Criminal Record Check could be shared with the client
• Compliance and Product created a framework solution that would allow Sterling to adapt to a variety of possible regulation changes
• Compliance and Product conducted an initial client webinar in July to review the anticipated impact, and provided supporting materials
• Compliance and Product conducted a second client webinar in October to provide an update and review the client experience change

We’re thrilled to announce that as a result of the efforts by Sterling and the NAPBS, the Ontario Government has published an official exemption from a key provision of the Police Record Checks Reform Act for the type of checks Sterling conducts. This means that there will be no changes to the Canadian Criminal Record Check or Enhanced Police Information Check process for candidates in Ontario as of November 1, 2018.

This exemption ensures that the process remains efficient, cost effective and compliant for criminal record checks.  Most importantly, it ensures that companies and volunteer organizations can continue to bring new candidates on board quickly and safely.

This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.