Criminal Records Regulations (SOR/2000-303)

Regulations are current to 2013-04-29 and last amended on 2011-10-27. Previous Versions

CONSENT FOR VERIFICATION

  •  (1) For the purpose of subsection 6.3(3) of the Act, a consent in writing, by an applicant referred to in that subsection, for a member of a police force or other authorized body to verify whether the applicant is the subject of a notation made in accordance with subsection 6.3(2) of the Act must contain

    • (a) information sufficient to identify the applicant for the purpose of the verification, including the applicant’s full name, sex, date of birth, place of birth and address as well as the person’s previous addresses, if any, within the last five years;

    • (b) the name of the person or organization that is responsible for the well-being of one or more children or vulnerable persons and to whom or to which the applicant is making an application for a paid or volunteer position;

    • (c) a description of that position sufficient to enable a member of a police force or other authorized body to be satisfied that the position is a position of authority or trust relative to those children or vulnerable persons; and

    • (d) a statement that the applicant understands that, as a result of giving the consent

      • (i) a record of any conviction of the applicant for a sexual offence listed in the schedule to the Act shall be provided by the Commissioner of the Royal Canadian Mounted Police to the Minister, even though a pardon has been granted or issued for the offence,

      • (ii) the Minister may disclose all or part of the information contained in the record to a police force or other authorized body, and

      • (iii) the police force or other authorized body shall disclose the information to the applicant and, with the consent in writing of the applicant, disclose it to the person or organization that requested the verification.

  • (2) The consent may be in Form 1 of the schedule.

CONSENT FOR DISCLOSURE

  •  (1) For the purpose of subsection 6.3(7) of the Act, a consent in writing by an applicant referred to in that subsection must contain the information referred to in paragraphs 2(1)(a) to (c) and a statement that the applicant understands that, as a result of giving the consent, information contained in a record of any conviction of the applicant for a sexual offence listed in the schedule to the Act shall be disclosed by a police force or other authorized body to the person or organization referred to in that subsection, even though a pardon has been granted or issued for the offence.

  • (2) The consent may be in Form 2 of the schedule.

CONSIDERATIONS RELATING TO DISCLOSURE OF INFORMATION

 The Minister must have regard to the following factors in considering whether to authorize a disclosure under the Act of a record of an applicant’s conviction for an offence:

  • (a) the offences for which the applicant has been convicted, including those for which pardons have been granted or issued, and the relevancy of the offences to the purpose for which disclosure is being considered;

  • (b) the nature of the offences referred to in paragraph (a), including whether the offences involve

    • (i) violence,

    • (ii) children or vulnerable persons, or

    • (iii) breach of trust;

  • (c) the length of time since the applicant committed offences for which pardons have been granted or issued;

  • (d) the age of the applicant at the time the applicant committed offences for which pardons have been granted or issued; and

  • (e) the sentences imposed for offences committed by the applicant, including those offences for which pardons have been granted or issued.