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The Ontario Police Record Checks Reform Act was specifically designed to standardize the process of obtaining criminal record checks and to prevent the disclosure of unnecessary information. This Act provides more control to employees and the release of information about their criminal record to a potential employer. At the interview stage, a potential employer can, in certain circumstances, ask a candidate to get a police record check. An employer can also in certain circumstances ask for a police record check from an employee once employment has commenced. In either case, however, the employer must clearly communicate why a request for a record check is required (i.e. if there were any changes to the employment conditions, such as a new project working with children).

The candidate or employee must consent to the check in writing, and the employer must specify the type of criminal record check to be conducted. Once the criminal record check has been completed, the results are only to be disclosed to the employee or candidate and are only to be provided to an employer with the employee or candidate’s written consent. The three types of police record checks that an employer or potential employer may request are as follows: 1) a criminal record check 2) a criminal record and judicial matters check 3) a vulnerable sector check (i.e. occupations that involve working with children, seniors, or other individuals who may be vulnerable)  It is important to note that once a potential employer receives a criminal record check, the employer must remain in compliance with human rights laws in relying on the record when making their hiring decision.

If you believe you were not offered a position based on a criminal record check you provided to a potential employer, or if you believe you have been the victim of wrongful dismissal because of a criminal record check, contact Toronto employment lawyers Sultan Lawyers at 416-214-5111 or via email at mlahert@sultanlawyers.com.

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