The Police Record Checks Reform Act 2015 was passed by the Ontario government on December 1, 2015 and was scheduled to go into effect November 1, 2018. The act required that the results of a positive criminal conviction search be shared with a candidate for employment, and additional consent obtained, before an employer would be allowed to see the results.
Essentially, any background screening provider would be required to obtain a second round of consent documentation from an applicant if a "hit" was found on their criminal record during the screening process. This requirement would have made the background screening process more difficult, costly, and time-consuming.
After three long years of lobbying, the National Association of Professional Background Screeners (NAPBS) has announced an exemption from Section 12 of Bill 113 has been granted by the Ontario government. This exemption covers third party agents, including background screening firms, and removes the requirement to share a criminal record result with the applicant and obtain consent before sharing the information with record employer.
Why This Matters
With the exemption in place, background screening providers can continue business as usual in the province of Ontario, Canada. Consent of the subject is still required prior to conducting criminal record checks, but in the event a criminal "hit" is found the information can be shared with the record requester without any additional consent required. Thanks to the efforts of NAPBS on this issue, organizations can continue to hire new candidates quickly and efficiently.
As a founding member of the NAPBS, AccuSource applauds the Association’s work to ensure we can continue to provide fast, reliable service to our Canadian clients.