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February 4 2016

Ontario passes police record checks legislation

The Ontario government unanimously enacted the Police Record Checks Reform Act, 2015. The Act limits the types of information that can be released in each of three different types of police record checks.
 
Notably, it prohibits disclosure of mental health records and records from police "carding" checks and other non-conviction records, except in limited circumstances. It also standardizes the disclosure procedure.
 
The Act is not yet in force, but will come into force on a date to be named by proclamation of the Lieutenant Governor. Given the implementation of different types of checks that carry different disclosure permissions, there may need to be changes to the system for requesting background checks. This means that employers should be prepared for new logistical and organizational steps in order to adapt.