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March 29 2016

Police Record Checks Reform Act, 2015

On December 1, 2015, Ontario passed the Police Record Checks Reform Act, 2015, which will have concrete implications for the ways in which employers conduct criminal background checks, and the information that will be made available to employers pursuant to these checks.
The Act establishes comprehensive province-wide standards governing the type of information that can be disclosed by police in response to record check inquiries, and is intended to remove unnecessary barriers to employment, suitability to hold a license or office, application to an educational program and participation in volunteer activities.
The policy rationale underlying the Act is concerned with preventing the inappropriate disclosure of non-conviction and non-criminal records. Perhaps the most significant implication is the fact that it requires that the individual about whom requested information relates first receive and have an opportunity to review the information, and then consent to its disclosure.