In Ontario, the Police Record Checks Reform Act strictly governs what background information employers can see. There are three levels: Criminal Record Check, Criminal Record and Judicial Matters Check, and the Vulnerable Sector Check (VSC). An employer can only legally demand a VSC if your job involves direct trust and authority over children or vulnerable adults.
Applying for a job often involves more than just a stellar resume; many employers in cities like Ottawa, Brampton, and Sudbury now require a police background check. However, not all background checks are created equal. Many workers are confused about what exactly will show up on their record, especially if they had a minor run-in with the law years ago.
In Ontario, the law has been heavily reformed to balance an employer’s need for a safe workplace with an individual’s right to privacy and rehabilitation. 💵 Employers cannot simply demand the most intrusive background check out of pure curiosity; they must request the specific level of check that correctly aligns with the actual duties of the job. This guide will walk you through your privacy rights and the police check process.
Step-by-Step Process to Obtain a Police Check in Ontario
If you have been given a conditional job offer that requires a background check, you must usually initiate the process yourself. Follow these steps to ensure you request the correct documents under provincial law.
Step 1: Get the Employer’s Request Letter
For a standard Criminal Record Check, you can apply online without special documents. 📝 However, to obtain a Vulnerable Sector Check, the local police station absolutely requires a formal letter from the prospective employer. This letter must detail exactly why the job meets the legal definition of working with a vulnerable sector.
Step 2: Apply with Your Local Police Service
You must apply through the police service in the city where you currently reside (for example, the Toronto Police Service, Ottawa Police Service, or Peel Regional Police). Most municipalities now offer an online application portal. You will need to verify your identity using two pieces of government-issued ID.
Step 3: Review the Results Before Sharing
Under Ontario law, the results of the police check are given directly to you, not the employer. 🔍 You have the legal right to review the document first. If you spot an error, you can dispute it with the police department. Once you are satisfied, you manually hand the physical or digital certificate over to the employer to finalize the hiring process.
How Much Does a Police Check Cost in Ontario?
The costs vary slightly depending on your municipality and whether the check is for paid employment or volunteer work. 💰 Here is a general breakdown of the average fees.
- Criminal Record Check (CRC): Costs average between $40 and $60 CAD for employment, and is often free or low-cost ($15 to $30 CAD) for volunteers.
- Vulnerable Sector Check (VSC): Usually costs between $65 and $85 CAD for paid employment, depending on your local police service.
- Fingerprinting Fees: If your name or birthdate matches someone on the pardoned sex offender database, you must undergo fingerprinting, which can add an extra $25 to $50 CAD to the total cost.
Comparing Ontario Police Background Checks
| Check Level | Who Can Request It? | What Information is Revealed? |
|---|---|---|
| Criminal Record Check (CRC) | Any employer or volunteer agency | Unpardoned criminal convictions only. |
| Judicial Matters Check (CRJMC) | Financial/security employers mostly | CRC details, plus outstanding warrants and discharges. |
| Vulnerable Sector Check (VSC) | Schools, hospitals, care homes strictly | CRJMC details, plus specific mental health findings and pardoned offences. |
How Long Does the Process Take?
The timeline for receiving your background check results depends heavily on the time of year and the local police department’s backlog. A standard CRC requested online might be delivered in just 2 to 5 business days. However, a Vulnerable Sector Check often requires manual review, which can delay the process by 2 to 4 weeks.
Frequently Asked Questions (FAQ)
Who pays for the police check: me or the employer?
In most cases, the job applicant is expected to pay the upfront fee to the police service. However, many reputable employers in Ontario will reimburse you for this cost on your first pay cheque once you provide them with the receipt.
Can an employer fire me if a conviction shows up?
Under the Ontario Human Rights Code, an employer cannot discriminate against you based on a ‘record of offences.’ This strictly means a conviction for an offence for which a pardon has been granted, or an offence under a provincial statute. However, if you have an unpardoned criminal conviction that is directly relevant to the job (e.g., a theft conviction for a bank teller), they can legally refuse to hire you.
Will mental health police calls show up on my check?
No. Thanks to the 2015 reforms in Ontario, non-criminal police contacts, such as apprehensions under the Mental Health Act or suicide attempts, are legally banned from being disclosed on any level of police record check.
How long is an Ontario police check valid?
A police check is technically only a snapshot of your record on the exact day it was issued. There is no official expiry date in law, but most employers and organizations in Ontario will refuse to accept a check that is older than 6 months to 1 year.
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