Criminal Records Act
6.3 (1) The definitions in this subsection apply in this section.
« enfant »
“children” means persons who are less than 18 years of age.
« 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.
(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.
- 2000, c. 1, s. 6;
- 2010, c. 5, s. 6.
- Date modified: