Criminal Records Act

Marginal note:Definitions

• 6.3 (1) The definitions in this subsection apply in this section.

  “children”

  « enfant »

  “children” means persons who are less than 18 years of age.

  “vulnerable persons”

  « personne vulnérable »

  “vulnerable persons” means persons who, because of their age, a disability or other circumstances, whether temporary or permanent,

  • (a) are in a position of dependence on others; or

  • (b) are otherwise at a greater risk than the general population of being harmed by persons in a position of authority or trust relative to them.

• Marginal note:Notation of records

  (2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether there is a record of an individual’s conviction for an offence listed in Schedule 2 in respect of which a pardon has been granted.

• Marginal note:Verification

  (3) At the request of any person or organization responsible for the well-being of one or more children or vulnerable persons and to whom or to which an application is made for a paid or volunteer position, a member of a police force or other authorized body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if

  • (a) the position is one of authority or trust relative to those children or vulnerable persons; and

  • (b) the applicant has consented in writing to the verification.

• Marginal note:Unauthorized use

  (4) Except as authorized by subsection (3), no person shall verify whether a person is the subject of a notation made in accordance with subsection (2).

• Marginal note:Request to forward record to Minister

  (5) A police force or other authorized body that identifies an applicant for a position referred to in paragraph (3)(a) as being a person who is the subject of a notation made in accordance with subsection (2) shall request the Commissioner to provide the Minister with any record of a conviction of that applicant, and the Commissioner shall transmit any such record to the Minister.

• Marginal note:Disclosure by Minister

  (6) The Minister may disclose to the police force or other authorized body all or part of the information contained in a record transmitted by the Commissioner pursuant to subsection (5).

• Marginal note:Disclosure to person or organization

  (7) A police force or other authorized body shall disclose the information referred to in subsection (6) to the person or organization that requested a verification if the applicant for a position has consented in writing to the disclosure.

• Marginal note:Use of information

  (8) A person or organization that acquires information under this section in relation to an application for a position shall not use it or communicate it except in relation to the assessment of the application.

• Marginal note:Amendment of schedule

  (9) The Governor in Council may, by order, amend Schedule 1 or 2 by adding or deleting a reference to an offence.