Criminal Records Act

Marginal note:Definitions

• 6.3 (1) The definitions in this subsection apply in this section.

  children

  enfant

  children means persons who are less than 18 years of age. (enfant)

  vulnerable persons

  personne vulnérable

  vulnerable persons means persons who, because of their age, a disability or other circumstances, whether temporary or permanent,

  • (a) are in a position of dependence on others; or

  • (b) are otherwise at a greater risk than the general population of being harmed by persons in a position of authority or trust relative to them. (personne vulnérable)

• Marginal note:Notation of records

  (2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether there is a record of an individual’s conviction for a sexual offence listed in the schedule in respect of which a pardon has been granted or issued.

• Marginal note:Verification

  (3) At the request of any person or organization responsible for the well-being of one or more children or vulnerable persons and to whom or to which an application is made for a paid or volunteer position, a member of a police force or other authorized body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if

  • (a) the position is one of authority or trust relative to those children or vulnerable persons; and

  • (b) the applicant has consented in writing to the verification.

• Marginal note:Unauthorized use

  (4) Except as authorized by subsection (3), no person shall verify whether a person is the subject of a notation made in accordance with subsection (2).

• Marginal note:Request to forward record to Minister

  (5) A police force or other authorized body that identifies an applicant for a position referred to in paragraph (3)(a) as being a person who is the subject of a notation made in accordance with subsection (2) shall request the Commissioner to provide the Minister with any record of a conviction of that applicant, and the Commissioner shall transmit any such record to the Minister.

• Marginal note:Disclosure by Minister

  (6) The Minister may disclose to the police force or other authorized body all or part of the information contained in a record transmitted by the Commissioner pursuant to subsection (5).

• Marginal note:Disclosure to person or organization

  (7) A police force or other authorized body shall disclose the information referred to in subsection (6) to the person or organization that requested a verification if the applicant for a position has consented in writing to the disclosure.

• Marginal note:Use of information

  (8) A person or organization that acquires information under this section in relation to an application for a position shall not use it or communicate it except in relation to the assessment of the application.

• Marginal note:Amendment of schedule

  (9) The Governor in Council may, by order, amend the schedule by adding or deleting a reference to a sexual offence.