How to Get an Ontario Criminal Record Check for Employment?

The job market is tough, and job security is low post-COVID. This affects both sides of the coin. Employers are looking for trustworthy people, and employees are looking for stability. One such method of testing the potential list of employees is getting a criminal background check done for the employees. Employers in Ontario rely heavily on criminal background checks to make informed hiring decisions. So, this write-up is your bible for Ontario criminal background checks for employment.

A criminal record check is a mandatory process that employers demand to check your background and past involvement with the criminal justice system. This comes in handy when making an informed decision about hiring people. In Ontario, the criminal record checks are regulated under the Police Record Checks Reform Act, 2015, which sets standards for consistency, fairness, and privacy.

The Youth Criminal Justice Act's verdicts of guilt and criminal convictions are included in this format. This type of check is ideally recommended for entry-level roles in private firms, volunteer work that doesn’t involve vulnerable groups, and general employment screening. These checks can be completed for you by Ontario Provincial Police (OPP), authorized third-party organizations, and local law enforcement.

1. Criminal Record and Judicial Matters Check (CRJMC): 

A certified copy of this check will include all information from CRC, absolute and conditional discharges, outstanding charges, arrest warrants, and specific judicial orders. This check is ideal for positions of trust or authority that require a more in-depth background review, but not direct interaction with vulnerable populations. It can be completed by Ontario Provincial Police (OPP), authorized third-party organizations, and local law enforcement.

2. Vulnerable Sector Check (VSC or PVS):

It is one of the most detailed types of checks that includes all information from CRJMC, non-conviction records, record suspensions (pardons) for sexual offences, and mental health rulings (e.g., not criminally responsible due to mental disorder). This type of check is done for roles that involve direct contact with vulnerable persons such as children, seniors, or individuals with disabilities (e.g., schoolteachers, caregivers). This type of check can only be done by local police services in the applicant’s area of residence or Ontario Provincial Police (OPP). 

3.  Fingerprint-Based Criminal Record Check:

It is the most advanced level of Ontario criminal record check for employment. It is a biometric verification cross-referenced with the RCMP’s Canadian Criminal Real Time Identification Services (CCRTIS) database. This type of check is a mandate if you wish to apply for federal government employment or other federally regulated roles. Some of the other reasons why you may need to get a fingerprint-based check done are: 

• The results of a name-based check indicate a possible match that needs verification.
• When name-based checks are inconclusive, or when the check must be certified by the RCMP.
• Fingerprints are required to confirm a person's criminal history.
• A Vulnerable Sector Check necessitates fingerprinting due to a possible match with a pardoned sexual offence.

• RCMP-Accredited Private Agencies: Many private agencies accredited by the RCMP have signed a memorandum of understanding to gather fingerprints and provide them to the RCMP for criminal record checks. The businesses are listed here.
  Depending on the individual's location, fingerprints can be taken in two different ways:
  Live Scan: Some organizations, like Globeia, gather your fingerprints using the latest technology, LiveScan. It is the quickest, safest, and cleanest method to submit fingerprints to the RCMP for verification electronically. 
  Ink Fingerprinting: When an employee is stationed outside of Canada and requires a police criminal record check in Ontario for employment, they use the traditional ink fingerprinting method converted to electronic prints and sent to the RCMP.
• RCMP Detachment Centres: Instead of traveling to larger cities for a fingerprint-based check, you can go straight to an RCMP Detachment Center, primarily found in small villages. 
• Local Police Stations: While some local police stations also conduct fingerprint-based checks, these may primarily be a follow-up to the Police Vulnerable Sector Check (PVS), Police Criminal Record Check (PCRC), and Criminal Record and Judicial Matters Check (CRJMC). Therefore, you should inquire with your neighborhood police department to see if they offer the service for your line of work. 
   

While it is the employer’s discretion to ask for the type of background check they want before offering the position, you must have a checklist ready for the appropriate record check.

Choosing the background check depends on the following criteria:

• The nature of your job.
• Level of responsibility or trust involved.
• Whether you will be in direct contact with vulnerable children and adults is explained above in detail. 
• Employers should consult legal or HR professionals when in doubt. Using the correct check helps balance security with candidate rights.
• It is mandatory to get a written consent from the employer before any record check is conducted.
• The employers get to keep their results confidential until they deem it okay to share with decision makers. 
• The accredited third-party company, RCMP centres, and detachments are not authorized to use the record once it is sent to the employer. They delete the record from their system.
• The Ontario Human Rights Code prohibits discrimination based on pardoned offences or unrelated criminal records. 
   

Online Name-Based Checks: The third-party accredited agencies can finish it in 15 minutes. The police station may take up to 48 hours for the same. 

Vulnerable Sector Checks: Checks for vulnerable sectors might take weeks, particularly if fingerprint verification is needed.

Fingerprint-based checks:  Typically take up to 72 hours to process, on top of the usual mailing time. The hard copy results are mailed by Canada Post, which is not trackable. The processing time may reach 120 working days if manual processing is necessary, such as in the event of a potential criminal record match.

The fee for getting this check done primarily depends on the agency that you choose:

• Variation: Fees vary depending on the police service or third-party agency.
• Volunteers: Some checks may be free for volunteer positions