Canada: Ontario Proclaims the Police Record Checks Reform Act, 2015

The Police Record Checks Reform Act, 2015 (“PRCRA”), which will introduce significant changes to the processing of criminal checks in the province of Ontario, and how the results of such checks may or may not be disclosed to employers, will come into force on November 1, 2018.

Under the PRCRA, the results of the record check will only be disclosed to the candidate, unless the candidate provides the record check provider with written consent to disclose those results after the candidate has received them. The PRCRA will also restrict the release of non-conviction information, which will not be authorized for exceptional disclosure unless the information satisfies a number of statutory criteria.

To learn more about the PRCRA, and what changes may have to be made to your criminal records check policies and procedures as a result of the PRCRA, we encourage you to consult with your Canadian labour and employment counsel.