Section 1.2: System Policies and Procedures

Approved: January 18, 2005

Revised: May 26, 2026

POLICE RECORD CHECKS 

Procedures 

1.0             Requirements

In accordance with Ontario Regulation 521/01: Collection of Personal Information as amended by Regulation 322/03, school boards are required to collect a new Police Record Check (PRC) from employees, volunteers, students on educational placement and service providers every five years and any time an individual is charged with, or convicted of, an offence under the Criminal Code of Canada. 

Checks are not valid unless it was performed within six (6) months prior to the appliable date of commencement of initial employment, volunteering, placement or service provision.

All employees, including those on leave, volunteers, students on placement and Service Providers shall also be required to sign an online Offence Declaration no later than September 1 of each school year.

PRC – Vulnerable Sector Check

Individuals in a position of trust or authority in relation to students will require a Vulnerable Sector Check (VSC). 

Being in a position of trust or authority is more than just having contact with children or vulnerable persons; it is determined by the nature of the position which must cause the worker or volunteer to have authority over, or trust of, children or vulnerable persons. 

A VSC is an in-depth check that includes all information permitted to be disclosed in a CRJMC as well as applicable findings of not criminally responsible on account of mental disorder, record suspensions related to sexually-based offences, and non-conviction charges-related information in certain circumstances and when a strict test is met. 

PRC – Criminal Record and Judicial Matters Check

Individuals not in a position of trust or authority in relation to students will require a Criminal Record and Judicial Matters Check (CRJMC). 

A CRJMC includes all information permitted to be disclosed in a basic criminal record check and includes additional information such as outstanding charges, warrants, certain judicial orders, and absolute and conditional discharges. 

In determining the type of Police Check required, DSB1 considers the following factors: 

• being in a position of trust with students
• being in a position of authority over students
• responsibility for students 
• close contact with students 
• ongoing or day-to-day interactions with students, and/or 
• being unsupervised around students

2.0             Police Record Checks for Employees

2.1             Self-Reporting Obligations

2.1.1            Employees charged with any criminal offence during employment must self-report to the Manager of Human Resources, including details of the charge, bail conditions, or restrictions. Documentation may be required to be submitted.

2.1.2            A new, updated Police Record Check will be required, as soon as reasonably possible, any time a person from whom the Board is required to collect a record check is charged with, or convicted of, an offence under the Criminal Code.

2.2             Current Employees and Trustees

2.2.1            Current employees are subject to the requirements as outlined by the Board and must comply with the established procedures regarding Police Record Checks and annual Offence Declarations.

2.2.2            All current employees will provide to Human Resources an updated Police Record Check (PRC), in the form of a Vulnerable Sector Check (VSC), or a Criminal Record and Judicial Matters Check, as determined by Human Resources, by the prescribed deadline set by Human Resources, and every five (5) years thereafter. Costs associated with the PRC is the responsibility of the employee.

2.2.3            All current employees, including those on leave will submit an Offence Declaration annually between each Police Record Check by the prescribed deadline set by Human Resources.

2.2.4            Human Resources will provide a means of having all staff (permanent and casual/occasional) complete an Offence Declaration each year in between PRC submissions. 

2.3             New Employees and Trustees

2.3.1            Condition of Employment

2.3.1.1            All new employees are required to provide a Police Record Check (PRC), in the form of a Vulnerable Sector Check (VSC), or a Criminal Record and Judicial Matters Check, as determined by Human Resources, prior to commencing employment with the Board. Employment offers are conditional upon the submission and approval of the PRC by Human Resources. Costs associated with the PRC is the responsibility of the employee.

2.3.2            Emergency Provision (Appendix A and B)

2.3.2.2            Normally, candidates must supply a current Police Record Check prior to commencing employment. In exceptional cases, and at the Board’s sole discretion, a candidate may begin employment before submitting a PRC. Before any exception is made, a binding agreement must be entered into, ensuring verification is provided promptly. The candidate must sign both:

         Appendix A: Police Record Check Letter of Agreement

         Appendix B: Emergency Interim Offence Declaration

2.3.2.3            The candidate must also forward proof of application for a PRC to Human Resources (receipt of application). Failure to provide a PRC by the date indicated on Appendix A, may result in the revocation of the employment offer. Making a false or misleading statement on Appendix B, will preserve the DSB1’s power to revoke the offer of employment, and terminate the candidate-Board relationship.

2.4             Retention

2.4.1            The Board shall retain an original or a true copy Police Record Check and annual Offence Declarations in a confidential file in a separate, secure location.

2.5             Adjudication

2.5.1            Upon receiving evidence of a criminal or relevant conviction, the Board will consider the following factors when determining the appropriate course of action:

         Length of time since offence(s)

         Involvement of children, sexual activity, violence, or dishonesty in the offence(s)

         Employment history

         Employee’s attitude towards offence(s)

         Treatment, counselling, or services received since the offence

         other rehabilitation steps taken 

         Likelihood of repeated offence(s) 

         Role of alcohol or illegal drugs in offence(s)

         Degree of co-operation with this investigation

         Whether offence(s) were committed while employed by the Board

         For teachers, relevance of offence(s) to teaching duties as set out in the Education Act and Regulations

         For non-teachers, relevance of offence(s) to employment duties

         Whether any action is required under The Student Protection Act (including notification of the Ontario College of Teachers).

2.5.2            The course of action may include disciplinary measures up to and including dismissal or withdrawal of offer, in compliance of other Board policies, collective agreements, and legislation.

2.6             Consequences of Non-Compliance

2.6.1            Employees who fail to provide a Police Record Check or submit an annual Offence Declaration by the prescribed date or fail to follow the self-reporting obligations, may be suspended without pay or terminated for non-compliance.

3.0             Police Record Checks for Volunteers

3.1             Volunteers in Schools must adhere to DSB1 Policy and Procedure 2.1.4. Volunteers over the age of 18 are required to provide a Police Record Check (PRC), in the form of a Vulnerable Sector Check (VSC), or a Criminal Record and Judicial Matters Check, as determined by Human Resources to the School Administrator.

3.2             School Administrators must complete and submit a copy of the School/Volunteer Agreement (Appendix A in Procedure 2.1.4) to Human Resources and a Police Record Check must be submitted to Human Resources by the day an individual commences volunteer work.

3.3             A Volunteer may be considered ‘continuous’ throughout the school year, allowing participating in multiple volunteer activities and/or at multiple DSB1 locations without requiring submission of a new check each time. Costs associated with the PRC is the responsibility of the volunteer. Costs may be reimbursed by the school at the school administrator’s discretion.

3.4             For as long as an individual continues to be a volunteer, they will need a new police record check every five years as well as an annual Volunteer Offence Declaration between PRCs. Human Resources will provide a means of having all volunteers complete an Offence Declaration each year. Human Resources shall retain an original or a true copy of the Police Record Check. Completed PRCs and Offence Declarations will be filed in a separate and secure location.

4.0             Police Record Checks for Students on Placement

4.1             Students over the age of 18, attending university or college programs which require practicum or coop placements in schools, are required to submit a Police Record Check (PRC) in the form of a Vulnerable Sector Check (VSC), or a Criminal Record and Judicial Matters Check, as determined by Human Resources prior to their first placement date. The checks shall be provided to the DSB1 Lead for Learning and Teaching or Department Manager, then submitted to Human Resources and kept in a confidential file in Human Resources. Costs associated with the PRC is the responsibility of the placement student.

5.0             Police Record Checks for Service Providers

5.1             Service Providers are individuals who are not employed by the Board but who have direct and/or regular contact with students while providing goods or services under contract, carrying out employment functions for a contracted provider, or providing services to someone contracted by the Minister.

5.2             Each department Manager or school Administrator is responsible for tracking Service Providers under their department and/or at their site location, and is responsible for the identification, notification and collection of PRCs for their respective service providers. PRCs will be forwarded by the Manager or school Administrator to Human Resources for confidential storage with the Service Provider form (Appendix C). Costs associated with the PRC is the responsibility of the Service Provider.

5.3             Requirements

5.3.1            The Board will:

         Include specific language in any new Request for Proposal/Tender/Quotation of Contract: requiring compliance with Ontario Regulation 521/01: Collection of Personal Information as amended by Regulation 322/03 and related regulations. Compliance will be ensured prior to the Service Provider being permitted to commence services.

         Determine, at its sole discretion, which individuals require Police Record Checks. All contracts and tenders will state that employees on site during regular school hours require proof of police record check documentation. 

         Require successful bidders who require Police Record Checks to provide PRCs every five (5) years and offence declarations every year in between PRCs for all individuals attending Board school sites during school hours, prior to attendance.

         Require successful bidders to pay for obtaining required documentation.

         develop procedures for checking Service Provider identification cards and photo-IDs regularly.

         A Service Provider may be considered ‘continuous’ throughout the school year, allowing access to multiple DSB1 locations without requiring submission of a new check each time. 

         For as long as an individual continues to be a Service Provider at DSB1 locations, they will need a new police record check every five years as well as an annual Offence Declaration between PRCs. Human Resources will provide a means of having Service Providers complete an Offence Declaration each year. Human Resources shall retain an original or a true copy of the Police Record Check. Completed PRCs and Offence Declarations will be filed in a separate and secure location

5.3.2            Others

5.3.2.1            Certain provincial organizations, while not categorized as Service Providers by regulation, must adhere to Board Policy standards and practices. Effective 2004-09-01, schools must provide valid organization-issued photo ID for employees of the following organizations:

         Public Health Departments

         Children’s Mental Health Centres

         Community Care Access Centres

         Day Nurseries

         Children’s Aid Societies

         Victorian Order of Nurses

         Other agencies as determined by the Chief Executive Officer or designate

5.3.2.2            Where applicable, these organizations are listed as “Organization Photo ID required” on the Service Provider list.

5.3.2.3            Upon arriving at a school, a service provider who provides services in school on an itinerant or as needed basis is required to report to the school office, sign in and, if applicable, show their Identification Card.

5.4             Adjudication

5.4.1            Board contracts will include provisions allowing the Board or designate to determine whether an individual can access school sites, particularly where direct contact with students is likely. All decisions made by the Board are final.

5.5             Consequences of Non-Compliance

5.5.1            Service Providers failing to meet Police Record Check requirements will be barred from providing goods and/or services to the Board.

5.6             Responsibility

5.6.1            Where a service provider is contracted by the Board to provide services which will put the service provider or the service provider’s employees in direct and regular contact with students, the Board representative responsible for entering into the contract will advise the service provider with respect to the requirement to provide police record checks. All PRCs will be forwarded to Human Resources for confidential storage.

5.6.2            Where a service provider is contracted by the School to provide services the Principal is the individual responsible for compliance and will advise the service provider with respect to the requirement to provide police record checks. All PRCs will be forwarded to Human Resources for confidential storage.

5.6.3            School boards are not required to collect police record checks for individuals under the age of 18. Under Ontario’s Police Record Checks Reform Act, 2015 and the federal Youth Criminal Justice Act, 2002, individuals under the age of 18 can only apply for a police record check if they are seeking employment or volunteering with a federal, provincial or municipal government entity. Minors under eighteen are protected by the Youth Criminal Justice Act and should be supervised by staff at all times when in contact with students.

5.6.4            School bus drivers and driving instructors are not required to comply with Regulation 521/01. Rather, they are required to satisfy the requirements set out by the Ministry of Transportation (O. Reg. 49/03, s.1.).

Appendices

Appendix A: Police Record Check Letter of Agreement

Appendix B: Emergency Interim Offence Declaration

Appendix C: Service Provider Form

References

Policy 2.1.4 – Volunteers in Schools

Policy 1.2.4 – Pre-Employment Screening

Education Act and its Regulations, including:

Ontario Regulation 521/01 – Collection of Personal Information

Ontario Regulation 322/03 – Amending O. Reg. 521/01

Youth Criminal Justice Act

Police Record Checks Reform Act