Bill 38 2010

An Act respecting criminal record checks for volunteers

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purpose                                                                    

   1.  The purpose of this Act is to promote volunteerism by reducing the frequency with which an organization that retains the services of a volunteer can require a criminal record check for the volunteer and by reducing the cost to a volunteer of obtaining a criminal record check, while still ensuring public safety.

Definitions

   2.  In this Act,

"criminal record", with respect to a person, means a record of the offences under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other Act of Canada of which the person has been convicted and for which the person has not received a pardon under the Criminal Records Act (Canada); ("casier judiciaire")

"criminal record check", with respect to a person, means a copy of the person's criminal record, which copy complies with the authenticity requirements that are prescribed in the regulations made under this Act; ("vérification du casier judiciaire")

"organization" includes a person or body; ("organisation")

"volunteer" means a person who performs work or supplies a service but who receives no monetary compensation for doing so other than an allowance for expenses or an honorarium. ("bénévole")

Non-application of Act

   3.  This Act does not apply in a municipality where a police force does not charge any fee for releasing a criminal record check for a volunteer to the volunteer or to an organization that proposes to retain the services of the volunteer.

Frequency for criminal record checks

   4.  (1)  An organization that retains the services of a volunteer shall not require the volunteer, as a condition of starting to act as a volunteer with the organization, to provide the organization, or to consent to having a police force provide the organization, with a criminal record check for the volunteer if the volunteer has provided the organization with a criminal record check for the volunteer that is,

  (a)  dated within the year before the day on which the volunteer starts to act as a volunteer with the organization; and

  (b)  the most recent criminal record check that the volunteer has obtained.

Notice of pending proceedings

   (2)  An organization that retains the services of a volunteer may require the volunteer, as a condition of starting to act as a volunteer with the organization, to provide the organization with notice of,

  (a)  all proceedings that have been commenced against the volunteer and that could result in the volunteer being convicted for an offence where the conviction would be added to the volunteer's criminal record; and

  (b)  the final disposition of the proceedings described in clause (a).

Subsequent criminal record checks

   (3)  An organization that retains the services of a volunteer shall not require the volunteer, as a condition of continuing to act as a volunteer with the organization, to provide the organization, or to consent to having a police force provide the organization, with a criminal record check for the volunteer dated less than one year after the date of the most recent criminal record check for the volunteer that the organization has received.

Exception

   (4)  Despite subsections (1) and (3), an organization that retains the services of a volunteer may require the volunteer, as a condition of starting or continuing to act as a volunteer with the organization, to provide the organization, or to consent to having a police force provide the organization, with a criminal record check for the volunteer at any time if,

  (a)  the organization has actual notice or reasonable grounds to believe that a conviction for an offence has been added to the volunteer's criminal record since the date of the most recent criminal record check for the volunteer that the organization has received; or

  (b)  the circumstances prescribed by the regulations made under this Act exist.

Providing additional criminal record checks to volunteer

   5.  (1)  If a police force releases a criminal record check for a volunteer to an organization in response to a request of the organization and if the request of the organization includes a request of the volunteer for a maximum of five additional originals of the check, the police force shall, at no additional charge when releasing the check to the organization, release the additional originals to the volunteer that the volunteer has requested.

Same, original request by volunteer

   (2)  If a police force releases a criminal record check for a volunteer to the volunteer in response to a request of the volunteer and if the request includes a request for a maximum of five additional originals of the check, the police force shall, at no additional charge when releasing the check to the volunteer, release the additional originals to the volunteer that the volunteer has requested.

Regulations

   6.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing anything described as prescribed in this Act;

  (b)  specifying time periods for complying with obligations specified in this Act.

Commencement

   7.  This Act comes into force on the day it receives Royal Assent.

Short title

   8.  The short title of this Act is the Criminal Record Checks for Volunteers Act, 2010.

EXPLANATORY NOTE

The Bill enacts a new Act with respect to criminal record checks for volunteers. The Act does not apply in a municipality where a police force does not charge any fee for releasing a criminal record check for a volunteer.

An organization that retains the services of a volunteer is prohibited from requiring a criminal record check for the volunteer, as a condition for the volunteer's starting work with the organization, if the organization receives a criminal record check for the volunteer that is dated within the year before the day on which the volunteer starts work with the organization and that is the most recent criminal record check that the volunteer has obtained. The criminal record check must meet the authenticity requirements specified by the regulations made under the Act. The organization can also require the volunteer to provide notice of all pending criminal proceedings and the final disposition of those proceedings.

After a volunteer starts work with an organization, the organization can require a new criminal record check from the volunteer dated at yearly intervals. In addition, the organization can require a criminal record check for a volunteer at any time if the organization has actual notice or reasonable grounds to believe that a conviction for an offence has been added to the volunteer's criminal record since the date of the most recent criminal record check for the volunteer that the organization has received.

When a police force releases a criminal record check for a volunteer, whether to an organization or to the volunteer, the police force is required to release a maximum of five additional originals of the check to the volunteer at no additional charge if the volunteer so requests.