Piccini Fighting to Keep Jobs in NorthumberlandPublished on December 10, 2018
New rules and standards will ensure jobs stay in Cobourg and Port Hope, with additional jobs to come by the end of the month and more into the New Year. Government reducing red tape surrounding how police record checks are conducted and disclosed in Ontario while protecting privacy.
COBOURG, ON – Ontario’s Government for the People is protecting public safety and strengthening protections for privacy with new rules and standards that govern how police record checks are conducted and disclosed in Ontario. MPP David Piccini was joined by Minister of Community Safety and Correctional Services, Michael Tibollo to announce an amendment to a regulation under Bill 113, the Police Record Checks Reform Act that will safeguard the privacy of the people of Ontario while protecting jobs in Cobourg and Port Hope.
“The Police Record Checks Reform Act sets out consistent standards to govern how police record checks are conducted and disclosed in Ontario,” said Minister Tibollo. "Individuals consent to what information is being disclosed in advance through a self-declaration so the results released are limited.”
The Police Record Checks Reform Act comes into force on November 1, 2018 and will provide consistency by defining three types of police record checks as well as standardization of the type of information that can be released. Police record check legislation brought in by the previous government risked the loss of jobs in Ontario as companies contracted to perform background checks considered relocating to jurisdictions with less red tape. This would have resulted in job losses in Cobourg and Port Hope.
“We are keeping communities safe and protecting privacy rights while cutting red tape and keeping jobs in Ontario,” said MPP David Piccini. “Our Government acted decisively to ensure this legislation was amended so that we could keep these jobs in our community. In fact, we are going to see additional jobs created in the coming months in the Cobourg Police Business Services Unit and midnight shifts start on January 1st to keep up with all the demand.”
A police record check, which is a search of information in police databases, is one of many tools that organisations can use to screen individuals for suitability for employment, volunteer work, licensing, or other opportunities like admission to an educational program. Many individuals and businesses use police services or firms that conduct background checks required by corporations, volunteer organisations and community groups. This amendment provides similar privacy protections, while allowing search service providers to continue to operate legally in Ontario.
“Some police services in smaller municipalities have developed and are offering specialized services in the record check field” said Tibollo. “It is a win-win for everyone involved, and we are happy to announce that these services and these jobs will be protected by this amendment.”
· “The Police Record Checks Reform Act sets out consistent standards to govern how police record checks are conducted and disclosed in Ontario,” said Minister Tibollo. “I appreciate the work MPP Piccini has put into this with my office to ensure we made this regulation change that cuts red tape and will safeguard jobs in Northumberland while ensuring Ontario remains Open for Business.” – Michael Tibollo, Minister of Community Safety and Correctional Services
· “We are keeping communities safe and protecting privacy rights while cutting red tape and keeping jobs in Ontario,” said MPP David Piccini. “Our Government acted decisively to ensure this legislation was amended so that we could keep jobs in our community. In fact, we are going to see additional jobs created in the coming months in the Cobourg Police Business Services Unit and midnight shifts start on January 1st to keep up with all the demand.” – David Piccini, MPP for Northumberland – Peterborough South
· “Today’s announcement shows that the Government is committed to ensuring Ontario is Open for Business,” said Cobourg Police Chief, Kai Liu. “Today’s announcement of the changes to Bill 113 in the regulations removes the uncertainty in the business of criminal record checks. These changes allow us to continue the momentum we’ve gained over the past few years to expand our business and hire more individuals to work within this community.” – Kai Liu, Cobourg Police Chief
A police record check is a search of police database records about an individual. These checks are often used as part of a screening process for employment, volunteering, education, professional licensing, rental housing, insurance, adoption, child custody, foster care and other purposes.
Ontario’s Police Record Checks Reform Act will come into effect on November 1, 2018.
Once in force, the act will govern the types of record checks that can be conducted for screening purposes, define three types of police record checks, and standardise the type of information that can be released in each type of record check.
Types of Record Checks
The act authorises three different types of police record checks:
§ Criminal record check includes applicable criminal convictions and findings of guilt under the federal Youth Criminal Justice Act.
§ 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 includes the same type of information that is disclosed in a criminal record and judicial matters check as well as applicable findings of not criminally responsible due to mental disorder, record suspensions (pardons) related to sexually-based offences, and in certain circumstances, non-conviction charge related information; when a strict test is met.
Consent and Regulation 347/18 Amendment
Before a police record check can be conducted about an individual, in all instances consent must first be granted by that person. The act will require that an individual receive the results of their police record check before they can be asked to consent to disclosure to a third party, such as an employer, unless there is an exemption.
Regulation 347/18 has been amended to include an exemption for record checks that are completed using a process where an individual self-declares their criminal convictions. In these circumstances, police do not release details of the records but rather whether the records match the self-declaration, and whether there is a clear or not clear result for judicial matters. In these instances, police record check providers will not be required to seek an individual’s additional consent to disclose the results of a police record check. This exemption will not apply to vulnerable sector checks.