Police Record Check Procedure

Purpose statement

he Town of Oakville (the Town) requires police record checks as part of the hiring process for identified/specific positions to: 

• Protect the public interest in the delivery of Town of Oakville programs and services; 
• Ensure the safety of the public and employees; 
• Safeguard public funds, property and assets; 
• Ensure and maintain public confidence and trust in the public service. 

This procedure outlines the process of identifying positions requiring a police record check; the process to be followed in obtaining police record checks; and the management of the information acquired. 

Record of Offences is a protected ground under the Ontario Human Rights Code. At all times this procedure should be interpreted and applied in a manner which is consistent with the Ontario Human Rights Code.  

Scope

The procedure applies to candidates for employment with the Town of Oakville and all Town employees (full-time, part-time, seasonal, students and temporary) as well as volunteers. 

Procedure

There are generally three levels of police record checks: 1) Criminal Records Check, 2) Criminal Records and Judicial Matters Check, and 3) Vulnerable Sector Check. The Town will determine which positions require a police record check and what level of check is required based on the following criteria: 
Positions of trust requiring a Criminal Records and Judicial Matters Check will involve any of the following:  

• Responsibility for significant cash handling, investing money, or other types of financial responsibilities including processing receipts, receivables, or payables 
• Requirement to enter private property or residences 
• In a position of significant power, influence, or has the trust of people not employed by the Town  
• Any other criteria deemed appropriate by the Director, Human Resources. 

Highly sensitive positions requiring a Vulnerable Sector Check will involve any of the following: 

• Contact with a Vulnerable Person. . 
• Any other criteria deemed appropriate by the Director, Human Resources. 

Prior to initiating a recruitment competition or appointment, the job duties are reviewed by the hiring manager and Human Resources to determine whether the position being filled is a position of trust or a highly sensitive position.  

Where the position is filled through a competition, the job posting will list the requirement for a satisfactory police record check and level of check. 

Offers of employment or engagement of volunteers will be conditional on the potential incumbent submitting a satisfactory police record check dated within 60 days of the employment offer. The police record check must be submitted and reviewed prior to the candidate commencing employment with the Town. 

Obtaining the police record check and any associated costs, is the responsibility of the potential candidate. Only checks obtained directly from a police service will be accepted. 

Appointed, Transferred, Seconded or Promoted Staff 

The request for a police record check primarily applies to newly hired staff. However, where job duties change or existing staff are appointed, transferred, seconded, or promoted to a position that requires a police record check, where the staff member has not already provided one, those staff will be required to submit a satisfactory police record check as a condition of the appointment, transfer, secondment or promotion. 

Interim Hiring  

New hires will not ordinarily commence employment until a satisfactory police record check is received. In some instances, at management’s discretion in consultation with Human Resources, new hires may start work, but will remain under constant supervision until the police record check is received. Continued employment is still conditional upon the new hire providing a satisfactory police record check within a specified time period at management’s discretion. 

New hires who start work prior to submitting a satisfactory police record check are required to submit proof that they have requested the police record check (i.e. receipt). 

Assessing Results 

Nothing in this policy interferes with the Town’s duty under the Human Rights Code to not discriminate based on a record of offences (offences where a pardon has been granted and not revoked, and offences in respect of any provincial enactment).  

If the results of the police record check indicate the individual does not possess a criminal record or findings, the condition of the job offer will be waived and a firm offer of employment extended, if all other conditions have been met, if any. 

If the results from a police record check indicate the individual has a criminal record or findings, the police record check is referred to the Director, Human Resources, or designate, who will assess the specific information disclosed on the police record check, based on factors such as: 

• The nature of the conviction or findings; 
• The relevance of the nature of the conviction or findings to the requirements of the job; 
• Any mitigating circumstances; 
• The amount of time elapsed since the conviction or findings;  
• Rehabilitative and other efforts subsequently made by the candidate;  
• The estimated risk posed to the Town as a result of the candidate’s employment or appointment; or   
• Any other factor deemed appropriate by the Director, Human Resources or designate 

If the Director, Human Resources or designate deems the police record check to be satisfactory, the condition of the job offer or appointment will be satisfied. 

If the Director, Human Resources or designate deems the police record check to be unsatisfactory, the offer of employment or appointment will be rescinded. 

Returning Employees 

If an employee leaves the employment with the Town and is then rehired within twelve (12) months from the date of termination, the employee must complete an Offence Declaration upon the date of rehire.  Offence Declarations are for one (1) year only after which the Town requires the employee to submit a new satisfactory police record check upon the date of rehire. 

If the rehire occurs beyond twelve (12) months from the date of termination, the Town requires the employee to submit a new satisfactory police record check as a condition of employment. 

Duty to Disclose 

An employee in a position which requires a police record check must immediately notify the Director, Human Resources if they are charged or convicted of an offence under the Criminal Code. The Director, Human Resources will review the charges or conviction to determine what action, if any, ought to be taken in light of the employee’s position and the nature of the charges or conviction.  

An employee who occupies a position which does not require a police record check shall immediately notify the Director, Human Resources when the employee is charged with an offence under the Criminal Code, where the nature of the offence is such as to be potentially harmful or detrimental to the Town’s reputation or capacity to deliver services to the public or that will render the employee unable to properly perform some or all of their duties or that it may have a harmful effect on other employees of the Town. 

Without restricting the generality of the foregoing, an employee must report a criminal charge when charged with the following offences: 

• Any sexual offence under the Criminal Code including voyeurism and indecent acts or exposure; 
• Any offence under the Criminal Code involving a child or Vulnerable Person; 
• Any offence involving the making, possession or distribution of child pornography; 
• Any offence such as theft, fraud, forgery, extortion, perjury, bribery, counterfeiting, conspiracy or related offences; 
• Any crime of violence including but not limited to all forms of assault or threats, including domestic violence; 
• Any offence involving the use, possession or distribution of a weapon or explosive substances; 
• Any arson related offences; 
• Any offence involving the critical injury or death of a person; and 
• Any offence for trafficking and/or production of drugs or narcotics. 

Confidentiality 

All police record checks will be treated as confidential under the authority of the Municipal Freedom of Information and Protection of Privacy Act and will be filed in a sealed envelope in the employee’s file in the Human Resources department. 

Responsibilities

1. It is the responsibility of the Commissioner to confirm whether or not a position should be 1.    It is the responsibility of the hiring Department Director in consultation with Human Resources to confirm whether or not a position should be designated as requiring a police record check and level. 
2. It is the responsibility of Human Resources to maintain a list of positions that require a police record check and level and identify the requirement in job postings. 
3. It is the responsibility of the Director of Human Resources to determine, in consultation with others, the impact of a positive police record check on an individual’s candidacy for employment with the Town or appointment.  
4. It is the responsibility of candidates for employment, all Town employees and volunteers to comply with their obligations under this procedure.  

Definitions

Highly Sensitive Positions: means those positions in a position of authority or trust relative to Vulnerable Persons. These positions require a Vulnerable Sector Check. 

Offence Declaration:  means a form required in accordance with this procedure that is to be signed by an employee declaring whether or not they have a criminal record. 

Police Record Check: is a search of police database records about an individual often used as part of a screening process for employment or volunteering.  There are two types of police record checks the Town of Oakville may require – Criminal Records and Judicial Matters Check or a Vulnerable Sector Check. 

Positions of Trust: means positions that must be staffed with individuals whose trustworthiness, integrity, character and identity would not place the Town of Oakville or the public at risk.  These positions require a Criminal Records and Judicial Matters Check. 

Satisfactory Police Record Check: means either 
a.    A clear police record check that indicates no criminal record or findings. 
or 
b.    A police record check that indicates a criminal record or finding that the Director, Human Resources has determined is not relevant to the duties being performed or does not present a significant risk to the Town of Oakville or the public. 

Vulnerable Person:  means a person who, because of their age, a disability or other circumstance, whether temporary or permanent, is in a position of dependency on others or is otherwise at a greater risk than the general public of being harmed by a person in a Position of Trust or authority towards them.  

Vulnerable Sector Check: is a collection of offence information, including convictions, outstanding warrants, charges, judicial orders and sexual offence convictions for which the individual has received a record suspension.