Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Criminal Records Review Act

[RSBC 1996] CHAPTER 86

Contents
Part 1 — Introductory Provisions
1Definitions
2Purpose
3Equivalent standards
Part 2 — Criminal Record Check and Reconsideration
4Criminal record check
4.1Completion of criminal record check
5Reconsideration
6Use of information
Part 2.1 — Criminal Record Check Verification
6.1Criminal record check verification
Part 3 — Employers and Employees
7Application of Part 3
8General duty of employers
9Applicants for employment
10Existing employees
10.1No portable criminal record check
11Effect of finding of risk — working with children
11.1Effect of finding of risk — working with vulnerable adults
12New convictions or outstanding charges
Part 4 — Registered Members
13General duty of governing body
14Applicants for registration
15Existing registered members
15.1No portable criminal record check
16Effect of finding of risk
17New convictions or outstanding charges
Part 4.1 — Registered Students
17.1General duty of education institutions
17.2Registered students
17.21No portable criminal record check
17.3Effect of finding of risk — working with children
17.31Effect of finding of risk — working with vulnerable adults
17.4New convictions or outstanding charges
Part 4.2 — Director of Certification
17.41Definitions
17.5Duty of director of certification
17.6Applicants for certificates and letters of permission
17.7Existing certificate holders
17.71No portable criminal record check
17.8Effect of finding risk
17.9New convictions or outstanding charges
Part 5 — Unlicensed Family Child Care Providers
18Definitions
19General duty of administrator
20Applicants for registration
21Existing child care providers
21.1No portable criminal record check
22Effect of finding of risk
23New convictions or outstanding charges
24Other persons at facility
Part 5.1 — Specified Organizations and Volunteers
24.1Registration of specified organizations
24.2Deregistration of specified organizations
24.3General duty of registered specified organizations
24.4Applicants for volunteering
24.5Existing volunteers
24.6No portable criminal record check
24.7Effect of finding of risk — working with children
24.8Effect of finding of risk — working with vulnerable adults
24.9New convictions or outstanding charges
Part 6 — General
25–26Repealed
27Criminal record check authorization
27.01Criminal record check verification authorization
27.1Waiver of fees
27.2Delegation
28Offences
28.1Request for records or information
29Power to make regulations
Schedule 1
Schedule 2
Schedule 3

Part 1 — Introductory Provisions

Definitions

1  In this Act:

"administrator" means the person designated by regulation as the administrator of the prescribed program;

"child" means an individual under 19 years of age;

"conviction" includes

(a) a conviction for an attempt to commit a relevant offence or specified offence,

(b) a conditional discharge,

(c) a conviction for which a pardon has been granted by the National Parole Board, continued under the Corrections and Conditional Release Act (Canada),

(d) a disposition, made before April 1, 2003, under the Young Offenders Act (Canada) as it then was,

(e) a sentence under the Youth Criminal Justice Act (Canada),

(f) the use of alternative measures under section 717 of the Criminal Code to deal with an alleged commission of a relevant offence or specified offence, and

(g) an order under sections 810, 810.1 and 810.2 of the Criminal Code;

"criminal record check" means a criminal record check under this Act;

"criminal record check authorization" means an authorization for a criminal record check referred to in section 27;

"criminal record check verification" means a criminal record check verification under this Act;

"criminal record check verification authorization" means an authorization for a criminal record check verification referred to in section 27.01;

"deputy registrar" means a person appointed under the Public Service Act as deputy registrar for the purposes of this Act;

"director of certification" means the director of certification appointed under the Teachers Act;

"education institution" means a post secondary institution that offers an education program;

"education program" means an education program, offered by an education institution,

(a) that includes a practicum component involving work with children or work with vulnerable adults, and

(b) the successful completion of which is a requirement for

(i)   registration as a member of a governing body designated by regulation,

(ii)   certification under the Teachers Act, or

(iii)   issuance of a diploma or certificate by the education institution;

"employee" means an individual who is employed by an employer and includes an independent contractor who has entered into an agreement with an employer;

"employer" means

(a) the government,

(b) an agency of the government,

(c) a board as defined in the School Act,

(c.1) a francophone education authority as defined in the School Act,

(d) a public body as defined in the Health Authorities Act or a regional health board established under that Act that operates or provides funding to

(i)   a hospital as defined by section 1 of the Hospital Act,

(ii)   a Provincial mental health facility, a psychiatric unit or a society as defined by section 1 of the Mental Health Act or a mental health clinic or mental health service established by regulations under section 43 of that Act,

(iii)   a facility or service related to medical or health care, or

(iv)   a private hospital as defined in section 5 of the Hospital Act,

(e) a board, commission, council or other body of persons, whether or not incorporated, all the members of which or all the members of the board of management or board of directors of which are appointed by an Act, an order of the Lieutenant Governor in Council or a minister of the government,

(f) a corporation more than 50% of the shares or ownership of which is directly or indirectly vested in the government,

(g) an individual or corporation that receives operating funds from the government, other than a board or public body referred to in paragraph (c) or (d),

(h) an authority as defined in the Independent School Act,

(h.1) the employer of staff at a community care facility, as defined in the Community Care and Assisted Living Act, that is exempted under section 34 (5) (d) of that Act,

(i) the holder of a licence issued under the Community Care and Assisted Living Act,

(i.1) a registrant as defined in section 1 of the Community Care and Assisted Living Act, or

(j) a registered member who employs one or more individuals to assist the registered member in carrying on his or her occupation;

"governing body" means an organization established or continued under any of the enactments referred to in Schedule 2;

"minister" means the minister charged by the Lieutenant Governor in Council with the administration of this Act;

"municipality" includes

(a) a regional district, and

(b) an improvement district;

"operating funds" means ongoing, regular funding for core programs or staff;

"outstanding charge" means a charge or an application under a provision enumerated in Schedule 1 or Schedule 3 for which an information has been sworn or an application has been made that has not yet resulted in a conviction, acquittal or order by the court;

"portable criminal record check" means a criminal record check, for an individual, that meets both of the following requirements:

(a) the authorization for the criminal record check was signed by the individual within 5 years of the date of a criminal record check verification authorization;

(b) the criminal record check did not result in a determination that the individual who authorized the criminal record check presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults;

"post secondary institution" means any of the following:

(a) a university under the University Act;

(b) the University of Northern British Columbia;

(c) the Royal Roads University;

(d) the Thompson Rivers University;

(e) an institution as defined in the College and Institute Act;

"registered member" means a person who is registered by a governing body under any of the enactments referred to in Schedule 2;

"registered specified organization" means a specified organization that is registered under section 24.1;

"registered student" means a student registered with an education institution in an education program;

"registrar" means a person appointed under the Public Service Act as registrar for the purposes of this Act;

"registration" includes a licence, permit, certification or letter of permission under any of the enactments referred to in Schedule 2;

"relevant offence" means

(a) a provision designated in Schedule 1 as a relevant offence and includes a predecessor to that provision, and

(b) an offence in a jurisdiction outside Canada that is, in the opinion of the registrar, similar to an offence referred to in paragraph (a);

"specified offence" means

(a) a relevant offence,

(b) a provision designated in Schedule 3 as a specified offence, including a predecessor to that provision, and

(c) an offence in a jurisdiction outside Canada that is, in the opinion of the registrar, similar to an offence referred to in paragraph (b);

"specified organization" means any of the following that, in the opinion of the registrar, provides a benefit or service to children or vulnerable adults:

(a) a non-profit organization;

(b) the government;

(c) an agency of the government;

(d) a municipality;

(e) a board as defined in the School Act;

(f) a francophone education authority as defined in the School Act;

(g) an authority as defined in the Independent School Act;

(h) a post secondary institution;

(i) a public body as defined in the Health Authorities Act or a regional health board established under that Act that operates or provides funding to

(i)   a hospital as defined by section 1 of the Hospital Act,

(ii)   a Provincial mental health facility, a psychiatric unit or a society as defined by section 1 of the Mental Health Act or a mental health clinic or mental health service established by regulations under section 43 of that Act,

(iii)   a facility or service related to medical or health care, or

(iv)   a private hospital as defined in section 5 of the Hospital Act;

(j) a board, commission, council or other body of persons, whether or not incorporated, all the members of which or all the members of the board of management or board of directors of which are appointed by an Act, an order of the Lieutenant Governor in Council or a minister of the government;

(k) a corporation more than 50% of the shares or ownership of which is directly or indirectly vested in the government;

(l) an individual or corporation that receives operating funds from the government, other than a board or public body referred to in paragraph (e) or (i);

(m) a community care facility, as defined in the Community Care and Assisted Living Act, that is exempted under section 34 (5) (d) of that Act;

(n) the holder of a licence issued under the Community Care and Assisted Living Act;

(o) a registrant as defined in section 1 of the Community Care and Assisted Living Act;

(p) a registered member who uses one or more volunteers to assist the registered member in carrying on his or her occupation;

(q) any other prescribed persons or entities or prescribed classes of persons or entities;

"volunteer" means an individual who

(a) voluntarily provides services to a registered specified organization, and

(b) receives no monetary compensation in relation to the services or the time spent providing the services;

"vulnerable adult" means an individual 19 years or older who receives health services, other than acute care, from a hospital, facility, unit, society, service, holder or registrant referred to in paragraph (d), (h.1), (i) or (i.1) of the definition of "employer";

"work with children" means working with children directly or having or potentially having unsupervised access to children

(a) in the ordinary course of employment,

(b) in the practice of an occupation,

(c) during the course of an education program, or

(d) while providing services as a volunteer;

"work with vulnerable adults" means working with vulnerable adults directly or having or potentially having unsupervised access to vulnerable adults

(a) in the ordinary course of employment,

(b) in the practice of an occupation,

(c) during the course of an education program, or

(d) while providing services as a volunteer.

Purpose

2  (1) The purposes of this Act are to help prevent

(a) the physical and sexual abuse of children, and

(b) the physical, sexual and financial abuse of vulnerable adults

by requiring individuals to whom this Act applies to undergo criminal record checks.

(2) Nothing in this Act is to be interpreted so as to diminish any other requirements that may be imposed under an agreement or any other law on those who work with children or work with vulnerable adults.

Equivalent standards

3  The registrar may exempt an individual, person or entity from all or any provision of this Act if the registrar is satisfied that the individual, person or entity is subject to a criminal record check process that meets or exceeds the requirements of this Act.

Part 2 — Criminal Record Check and Reconsideration

Criminal record check

4  (1) When the registrar receives a criminal record check authorization and the prescribed fee, if any, the registrar must carry out a criminal record check on the individual who authorized the criminal record check.

(2) If the registrar determines that the individual who is the subject of the criminal record check has an outstanding charge relating to a relevant offence or specified offence or has been convicted of a relevant offence or specified offence, the registrar must

(a) refer the matter to the deputy registrar to determine whether the conviction or outstanding charge indicates that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, and

(b) provide to the individual who authorized the criminal record check and the following persons and entities notification that the individual has an outstanding charge relating to a relevant offence or specified offence or that the individual has been convicted of a relevant offence or specified offence and that the matter has been referred to the deputy registrar:

(i)   the employer, if the individual is an employee or applicant for employment;

(ii)   the governing body, if the individual is a registered member or an applicant for registration;

(iii)   the administrator, if the individual is a child care provider or an applicant as defined in Part 5;

(iv)   the education institution, if the individual is a registered student;

(v)   the director of certification, if the individual is an individual referred to in section 17.5 (1);

(vi)   the registered specified organization, if the individual is a volunteer or an applicant for volunteering.

(3) In making a determination under subsection (2) (a), the deputy registrar must consider the following:

(a) whether the behaviour associated with

(i)   the relevant offence would, if repeated, pose a threat of physical or sexual abuse to children, or

(ii)   the specified offence would, if repeated, pose a threat of physical, sexual or financial abuse to vulnerable adults;

(b) the circumstances of the offence including the age of the individual at the time of the offence and the existence of any extenuating circumstances;

(c) any other factors that the deputy registrar considers relevant including, without restriction, the time elapsed since the occurrence of the offence or alleged offence, subsequent actions of the individual, the likelihood of the individual repeating a similar kind of behaviour and any attempts at rehabilitation.

(4) The deputy registrar must promptly provide notification

(a) to the individual who authorized the criminal record check, and

(b) to the persons or entities that were provided with a notification under subsection (2) (b) of a determination under subsection (2) (a)

that the individual does not present a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.

(4.1) The deputy registrar must promptly provide notification

(a) to the individual who authorized the criminal record check, and

(b) to the persons or entities that were provided with a notification under subsection (2) (b) of a determination under subsection (2) (a)

that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.

(4.2) In addition to providing the notification under subsection (4.1), the deputy registrar must,

(a) determine if another person or entity, within 5 years of the date of the criminal record check authorization,

(i)   was identified in a criminal record check authorization or a criminal record check verification authorization in respect of the individual who is the subject of the determination under subsection (2) (a), or

(ii)   received a notification from the registrar or deputy registrar under this Part or Part 2.1 in respect of the individual who is the subject of the determination under subsection (2) (a),

(b) if there is a person or entity described in paragraph (a), take reasonable steps to determine if the individual continues to work with children or work with vulnerable adults for the person or entity, and

(c) if the deputy registrar determines that the individual continues to work with children or work with vulnerable adults for the person or entity, provide notification to that person or entity that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.

(5) The deputy registrar must provide written reasons for the determination under subsection (2) (a) to the individual who is the subject of the determination, if the individual so requests, and to any of the following persons or entities, if the person or entity so requests:

(a) the employer, if the individual is an employee or applicant for employment;

(b) the governing body, if the individual is a registered member or an applicant for registration;

(c) the administrator, if the individual is a child care provider or an applicant as defined in Part 5;

(d) the education institution, if the individual is a registered student;

(e) the director of certification, if the individual is an individual referred to in section 17.5 (1).

Completion of criminal record check

4.1  (1) If, when carrying out a criminal record check under section 4 and after the registrar has made a determination under section 4 (2) that the individual who is the subject of the criminal record check has an outstanding charge relating to a relevant offence or specified offence or has been convicted of a relevant offence or specified offence,

(a) the registrar is requested not to proceed with the criminal record check, or

(b) the registered specified organization identified in the criminal record check authorization deregisters under section 24.2,

the registrar must refer the matter to the deputy registrar, if the registrar has not already referred the matter to the deputy registrar, and the deputy registrar must take the actions set out in this section.

(2) The deputy registrar must do the following if subsection (1) applies:

(a) determine if another person or entity, within 5 years of the date of the criminal record check authorization,

(i)   was identified in a criminal record check authorization or a criminal record check verification authorization in respect of the individual, or

(ii)   received a notification from the registrar or deputy registrar under this Part or Part 2.1 in respect of the individual;

(b) if there is a person or entity described in paragraph (a), take reasonable steps to determine if the individual continues to work with children or work with vulnerable adults for the person or entity;

(c) if the deputy registrar determines that the individual continues to work with children or work with vulnerable adults for the person or entity, determine whether the conviction or outstanding charge indicates that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.

(3) In making a determination under subsection (2) (c) of this section, the deputy registrar must consider the factors set out in section 4 (3).

(4) If the deputy registrar makes a determination under subsection (2) (c) that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the deputy registrar must promptly provide notification of the determination

(a) to the individual who is the subject of the determination, and

(b) to the persons and entities described in subsection (2) (a).

Reconsideration

5  (1) The individual who is the subject of a criminal record check may request a reconsideration of the determination of the deputy registrar under section 4 or 4.1 by serving the registrar with written notice within 30 days after the day on which the deputy registrar notifies the individual of the determination.

(2) When the registrar receives a notice within the time limit for requesting a reconsideration under subsection (1), the registrar must review the deputy registrar's determination and any records on which it was based and may, but need not, do one or both of the following in conducting the review:

(a) request additional information from the person requesting the reconsideration;

(b) convene a hearing.

(3) For the purposes of a hearing referred to in subsection (2) (b), the registrar, by summons, may require a person

(a) to attend as a witness, at a place and time mentioned in the summons, which time must be a reasonable time from the date of the summons, and

(b) to bring and produce before the registrar all documents, writings, books, deeds and papers in the person's possession, custody or power touching or in any way relating to the subject matter of the review.

(4) A person named in and served with a summons referred to in subsection (3) must attend before the registrar and answer on oath, unless the registrar directs otherwise, all questions touching the subject matter of the inquiry, and produce all documents, writings, books, deeds and papers in accordance with the summons.

(5) When the registrar exercises a power under subsection (3), a person who fails or refuses to comply with subsection (4) is liable, on application to the Supreme Court, to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(6) After conducting a review under subsection (2), the registrar must

(a) confirm the determination of the deputy registrar, or

(b) overturn the determination of the deputy registrar and direct that the individual does not present a risk of physical or sexual abuse to children or does not pose a threat of physical, sexual or financial abuse to vulnerable adults.

(7) The registrar must promptly provide notification of a decision under subsection (6) (a) or (b) to the individual who is the subject of the decision and to the persons or entities that were provided with a notification under section 4 (4.1) or (4.2) or 4.1 (4), as applicable.

(8) The registrar must provide written reasons for the decision under subsection (6) (a) or (b) to the individual who is the subject of the decision, if the individual so requests, and to any of the following persons or entities, if the person or entity so requests:

(a) the employer, if the individual is an employee or applicant for employment;

(b) the governing body, if the individual is a registered member or an applicant for registration;

(c) the administrator, if the individual is a child care provider or an applicant as defined in Part 5;

(d) the education institution, if the individual is a registered student;

(e) the director of certification, if the individual is an individual referred to in section 17.5 (1).

Use of information

6  (1) The following persons must provide any records that the registrar or deputy registrar may, by order, require for the purpose of making a determination under this Part with respect to an individual:

(a) the employer, if the individual is an employee or an applicant for employment;

(b) the governing body, if the individual is a registered member or an applicant for registration;

(c) the administrator, if the individual is a child care provider or an applicant as defined in Part 5,

(d) the education institution, if the individual is a registered student or an applicant for registration;

(e) the director of certification, if the individual is an individual referred to in section 17.5 (1);

(f) the commissioner of the provincial police force and a chief constable as defined in section 1 of the Police Act.

(g) the registered specified organization, if the individual is a volunteer or an applicant for volunteering.

(2) If the registrar, the deputy registrar or any other person is required to disclose any of the following information to an employer, governing body or other person under this Act, that information must be disclosed only in accordance with the provisions of the Youth Criminal Justice Act (Canada):

(a) a sentence under the Youth Criminal Justice Act (Canada);

(b) a disposition made before April 1, 2003 under the Young Offenders Act (Canada) as it then was;

(c) any other information contained in youth records under those Acts.

(3) Information provided under this Act must not be used or disclosed for any purpose other than the purpose set out in section 2 of this Act or in section 33.1 (1) (m), 33.2 (i) or 44 (2) or (3) of the Freedom of Information and Protection of Privacy Act.

(4) Subsection (3) applies despite any provision of the Freedom of Information and Protection of Privacy Act other than the provisions of that Act referred to in subsection (3).

Part 2.1 — Criminal Record Check Verification

Criminal record check verification

6.1  (1) When the registrar receives a criminal record check verification authorization and the prescribed fee, if any, the registrar must carry out a criminal record check verification to determine if the individual who authorized the criminal record check verification has a portable criminal record check.

(2) If the registrar determines that the individual has a portable criminal record check, the registrar must promptly provide notification to the persons and entities identified in the criminal record check verification authorization that the individual has a portable criminal record check.

(3) If the registrar determines that the individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the registrar must promptly provide notification to the individual that the individual does not have a portable criminal record check.

(4) If the registrar determines that the individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the registrar must promptly provide notification to the individual and to the persons and entities identified in the criminal record check verification authorization that

(a) the individual does not have a portable criminal record check, and

(b) a criminal record check in respect of the individual carried out within 5 years of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.

Part 3 — Employers and Employees

Application of Part 3

7  (1) [Repealed 2013-8-8.]

(2) This Part applies to employers and employees other than

(a) an employee who is subject to a criminal record check

(i)   under Part 4 as a registered member,

(i.1)   under Part 4.1 as a registered student, or

(ii)   under Part 4.2 as an individual who applies for or holds a certificate of qualification or an independent school teaching certificate issued under the Teachers Act,

(b) subject to subsection (3), a post secondary institution or an employee of a post secondary institution, or

(c) a municipality or an employee of a municipality.

(3) This Part applies to child care facilities operated by a post secondary institution and to the employees of the post secondary institution who work at those child care facilities.

General duty of employers

8  (1) Subject to subsection (1.1), an employer must ensure that every individual who is hired for employment involving work with children or work with vulnerable adults and every employee who works with children or works with vulnerable adults undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(1.1) An employer may require an applicant for employment or an employee to undergo a criminal record check even if the applicant or employee could undergo a criminal record check verification.

(2) Despite subsection (1), an employer must not require an applicant for employment to authorize a criminal record check or criminal record check verification unless the employer has offered employment to the applicant.

(3) The employer must inform individuals of the requirements of this Act if those individuals are employed by or are applicants for employment with the employer in a job that involves working with children or working with vulnerable adults.

Applicants for employment

9  (1) When an individual is offered employment that involves working with children or working with vulnerable adults, the individual must provide to the employer a criminal record check authorization or a criminal record check verification authorization, as applicable.

(2) An employer must not employ an applicant in a job that involves working with children or working with vulnerable adults unless the applicant has complied with subsection (1).

Existing employees

10  (1) An employee who works with children or works with vulnerable adults must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to his or her employer a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the employee provided to his or her employer the employee's last criminal record check authorization or criminal record check verification authorization.

(2) If an employee does not provide a criminal record check authorization or a criminal record check verification authorization as required by subsection (1) or section 12,

(a) the employee must not work with children or work with vulnerable adults until the employee has provided the criminal record check authorization or criminal record check verification authorization, as applicable, and

(b) the employer of the employee must ensure that the employee does not work with children or work with vulnerable adults until the employee has provided a criminal record check authorization or criminal record check verification authorization, as applicable.

No portable criminal record check

10.1  If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization,

(a) if the individual is an applicant for employment, the employer must ensure that the individual is not hired for a job that involves working with children or working with vulnerable adults until the individual provides a criminal record check authorization, or

(b) if the individual is an employee, the employer must ensure that the individual does not work with children or work with vulnerable adults until the individual provides a criminal record check authorization.

Effect of finding of risk — working with children

11  (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under section 5,

(a) if the individual is an applicant for employment, the employer must ensure that the individual is not hired for a job that involves working with children, or

(b) if the individual is an employee, the employer must ensure that the employee does not work with children.

(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children,

(a) if the individual is an applicant for employment, the employer must ensure that the individual is not hired for a job that involves working with children, or

(a) if the individual is an employee, the employer must ensure that the individual does not work with children.

Effect of finding of risk — working with vulnerable adults

11.1  (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or conviction indicates that the individual presents a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5,

(a) if the individual is an applicant for employment, the employer must ensure that the individual is not hired for a job that involves working with vulnerable adults, or

(b) if the individual is an employee, the employer must ensure that the employee does not work with vulnerable adults.

(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical, sexual or financial abuse to vulnerable adults,

(a) if the individual is an applicant for employment, the employer must ensure that the individual is not hired for a job that involves working with vulnerable adults, or

(b) if the individual is an employee, the employer must ensure that the individual does not work with vulnerable adults.

New convictions or outstanding charges

12  (1) If an employee who works with children or works with vulnerable adults is charged with or convicted of a relevant offence or specified offence subsequent to a criminal record check or criminal record check verification, the employee must promptly report the charge or conviction to the employee's employer and provide to the employer a criminal record check authorization for a further criminal record check.

(2) When an employer becomes aware that

(a) an employee who works with children has an outstanding charge for, or has been convicted of, a relevant offence, or

(b) an employee who works with vulnerable adults has an outstanding charge for, or has been convicted of, a specified offence,

the employer must require the employee to provide a criminal record check authorization for a further criminal record check.

(3) If an employee is also a registered member, the employer must take reasonable steps to notify the registered member's governing body that the employer is taking action under subsection (2).

Part 4 — Registered Members

General duty of governing body

13  (1) Subject to subsection (1.1), a governing body must ensure that every member of the governing body who is registered and every individual who applies for registration undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(1.1) A governing body may require an applicant for registration or a registered member to undergo a criminal record check even if the applicant or registered member could undergo a criminal record check verification.

(2) The governing body must inform individuals of the requirements of this Act if those individuals are registered members or are applicants for registration as a member of the governing body.

Applicants for registration

14  (1) Before an individual is registered as a member of a governing body, the individual must provide to the governing body a criminal record check authorization or a criminal record check verification authorization, as applicable.

(2) A governing body must not register an applicant unless the applicant has complied with subsection (1).

Existing registered members

15  (1) A registered member must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to his or her governing body a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the registered member provided to his or her governing body the registered member's last criminal record check authorization or criminal record check verification authorization.

(2) If a registered member does not provide the criminal record check authorization or criminal record check verification authorization as required by subsection (1) or section 17,

(a) the registered member must not work with children or work with vulnerable adults until the registered member has provided the criminal record check authorization or criminal record check verification authorization, as applicable, and

(b) the governing body must investigate or review the registration of the registered member and take appropriate action under the Act that governs the governing body.

(3) If a registered member carries on his or her occupation as an employee, the governing body must take reasonable steps to notify the registered member's employer that it is taking action under subsection (2) (b).

No portable criminal record check

15.1  If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization,

(a) if the individual is an applicant for registration, the governing body must ensure that the individual is not registered until the individual provides a criminal record check authorization, or

(b) if the individual is a registered member, the individual must not work with children or work with vulnerable adults until the individual provides a criminal record check authorization.

Effect of finding of risk

16  (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5, the governing body must investigate or review the individual's registration or application for registration and take appropriate action under the Act that governs the governing body.

(1.1) If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the governing body must investigate or review the individual's registration or application for registration and take appropriate action under the Act that governs the governing body.

(2) If a registered member carries on his or her occupation as an employee, the governing body must take reasonable steps to notify the registered member's employer that the governing body is taking action under subsection (1) or (1.1) and that the action is with respect to a risk to children or to vulnerable adults, whichever is applicable.

(3) An employer who is notified under subsection (2) must ensure that the employee does not

(a) work with children, if the notification indicates that an action is being taken with respect to a risk to children, or

(b) work with vulnerable adults, if the notification indicates that an action is being taken with respect to a risk to vulnerable adults.

New convictions or outstanding charges

17  (1) If a registered member is charged with or convicted of a relevant offence or a specified offence subsequent to a criminal record check or criminal record check verification, the registered member must promptly report the charge or conviction to the member's governing body and provide to the governing body a criminal record check authorization for a further criminal record check.

(2) When a governing body becomes aware that a registered member has an outstanding charge for, or has been convicted of, a relevant offence or a specified offence, the governing body must require the registered member to provide a criminal record check authorization for a further criminal record check.

(3) If a registered member carries on his or her occupation as an employee, the governing body must take reasonable steps to notify the registered member's employer that the governing body is taking action under subsection (2) and that the action is with respect to a risk to children or to vulnerable adults, whichever is applicable.

(4) An employer who is notified under subsection (3) must ensure that the employee does not

(a) work with children, if the notification indicates that an action is being taken with respect to a risk to children, or

(b) work with vulnerable adults, if the notification indicates that an action is being taken with respect to a risk to vulnerable adults

until the employee has provided a criminal record check authorization for a further criminal record check under subsection (1) or (2).

Part 4.1 — Registered Students

General duty of education institutions

17.1  (1) Subject to subsection (1.1), an education institution must ensure that every registered student who will work with children or work with vulnerable adults undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(1.1) An education institution may require a registered student to undergo a criminal record check even if the registered student could undergo a criminal record check verification.

(2) An education institution must inform registered students of the requirements of this Act.

Registered students

17.2  (1) Before working with children or working with vulnerable adults, a registered student must provide to his or her education institution a criminal record check authorization or a criminal record check verification authorization, as applicable.

(2) A registered student must not work with children or work with vulnerable adults unless the registered student has complied with subsection (1).

No portable criminal record check

17.21  If the registrar determines, in a criminal record check verification under Part 2.1, that a registered student does not have a portable criminal record check because the registered student has never undergone a criminal record check or the registered student underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the education institution must ensure the registered student does not work with children or work with vulnerable adults as a registered student until the registered student provides a criminal record check authorization.

Effect of finding of risk — working with children

17.3  (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or a conviction indicates that a registered student presents a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under section 5, the education institution must ensure that the registered student does not work with children as a registered student.

(2) If the registrar determines, in a criminal record check verification under Part 2.1, that a registered student does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the registered student presents a risk of physical or sexual abuse to children, the education institution must ensure that the registered student does not work with children as a registered student.

Effect of finding of risk — working with vulnerable adults

17.31  (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or a conviction indicates that a registered student presents a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5, the education institution must ensure that the registered student does not work with vulnerable adults as a registered student.

(2) If the registrar determines, in a criminal record check verification under Part 2.1, that a registered student does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the registered student presents a risk of physical, sexual or financial abuse to vulnerable adults, the education institution must ensure that the registered student does not work with vulnerable adults as a registered student.

New convictions or outstanding charges

17.4  (1) If a registered student who works with children or works with vulnerable adults is charged with or convicted of a relevant offence or specified offence subsequent to a criminal record check or criminal record check verification, the registered student must promptly report the charge or conviction to the education institution and provide to the education institution a criminal record check authorization for a further criminal record check.

(2) When an education institution becomes aware that a registered student who works with children or works with vulnerable adults has an outstanding charge for, or has been convicted of, a relevant offence or specified offence, the education institution must require the registered student to provide a criminal record check authorization for a further criminal record check.

Part 4.2 — Director of Certification

Definitions

17.41  In this Part:

"certificate" means a certificate of qualification or an independent school teaching certificate issued under section 30 of the Teachers Act;

"certificate holder" means an individual who holds a certificate;

"letter of permission" means a letter of permission issued under section 35 of the Teachers Act.

Duty of director of certification

17.5  (1) Subject to subsection (1.1), the director of certification must ensure that every individual who applies for a certificate, every certificate holder and every individual who applies for a letter of permission undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(1.1) The director of certification may require an individual described in subsection (1) to undergo a criminal record check even if the individual could undergo a criminal record check verification.

(2) The director of certification must inform individuals referred to in subsection (1) of the requirements of this Act.

Applicants for certificates and letters of permission

17.6  (1) Before a certificate or a letter of permission is issued, an applicant must provide to the director of certification a criminal record check authorization or a criminal record check verification authorization, as applicable.

(2) If an applicant does not comply with subsection (1), the director of certification must not issue to the applicant a certificate or a letter of permission, as applicable.

Existing certificate holders

17.7  (1) A certificate holder must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to the director of certification a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the certificate holder provided to the director of certification the certificate holder's last criminal record check authorization or criminal record check verification authorization.

(2) If a certificate holder does not provide a criminal record check authorization or a criminal record check verification authorization as required by subsection (1) or section 17.9, the director of certification must take appropriate action under the Teachers Act.

No portable criminal record check

17.71  If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for a certificate, a certificate holder or an applicant for a letter of permission does not have a portable criminal record check because the applicant for a certificate, the certificate holder or the applicant for a letter of permission has never undergone a criminal record check or the applicant for a certificate, the certificate holder or the applicant for a letter of permission underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the director of certification must take appropriate action under the Teachers Act.

Effect of finding risk

17.8  (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or conviction indicates that an applicant for a certificate, a certificate holder or an applicant for a letter of permission presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5, the director of certification must take appropriate action under the Teachers Act.

(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for a certificate, a certificate holder or an applicant for a letter of permission does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the applicant for a certificate, the certificate holder or the applicant for a letter of permission presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the director of certification must take appropriate action under the Teachers Act.

New convictions or outstanding charges

17.9  (1) If a certificate holder is charged with or convicted of a relevant offence or specified offence subsequent to a criminal record check or criminal record check verification, the certificate holder must promptly report the charge or conviction to the director of certification and provide to the director of certification a criminal record check authorization for a further criminal record check.

(2) When the director of certification becomes aware that a certificate holder has an outstanding charge for, or has been convicted of, a relevant offence or specified offence, the director of certification must require the person to provide a criminal record check authorization for a further criminal record check.

Part 5 — Unlicensed Family Child Care Providers

Definitions

18  In this Part:

"applicant" means an individual who operates or who intends to operate an unlicensed family child care facility and requests registration for the facility under a prescribed program;

"child care provider" means an individual who operates an unlicensed family child care facility and who is registered under a prescribed program;

"unlicensed family child care facility" means a facility that offers child care to one or 2 children not related by blood or marriage to the operator of the facility.

General duty of administrator

19  (1) Subject to subsection (1.1), the administrator must ensure that every applicant and every child care provider undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(1.1) The administrator may require an applicant or a child care provider to undergo a criminal record check even if the applicant or child care provider could undergo a criminal record check verification.

(2) The administrator must inform an individual of the requirements of this Act if that individual is a child care provider or requests registration as a child care provider.

Applicants for registration

20  (1) When an individual applies for registration under a prescribed program, the individual must provide to the administrator a criminal record check authorization or a criminal record check verification authorization, as applicable.

(2) The administrator must not register an applicant who has not complied with subsection (1) and section 24.

Existing child care providers

21  (1) A child care provider must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to the administrator a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the child care provider provided to the administrator the child care provider's last criminal record check authorization or criminal record check verification authorization.

(2) If a child care provider does not provide the criminal record check authorization or criminal record check verification authorization as required by subsection (1) or section 23,

(a) the child care provider must not work with children until the child care provider has provided the criminal record check authorization or criminal record check verification authorization, as applicable, and

(b) the administrator must revoke the registration of a child care provider who has not provided the criminal record check authorization or criminal record check verification authorization, as applicable.

No portable criminal record check

21.1  If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization,

(a) if the individual is an applicant, the administrator must not register the individual until the individual provides a criminal record check authorization, or

(b) if the individual is a child care provider, the individual must not work with children until the individual provides a criminal record check authorization.

Effect of finding of risk

22  (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under section 5,

(a) if the individual is an applicant, the administrator must not register the individual, or

(b) if the individual is a child care provider, the administrator must revoke the registration of the individual under the prescribed program.

(1.1) If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children,

(a) if the individual is an applicant, the administrator must not register the individual, or

(b) if the individual is a child care provider, the administrator must revoke the registration of the individual under the prescribed program.

(2) The administrator must inform the police force, police department or designated policing unit, as defined in section 1 of the Police Act, that is responsible for policing the area in which the facility is located, if the administrator believes that an individual who was determined to present a risk of physical or sexual abuse to children is continuing to operate a child care facility.

New convictions or outstanding charges

23  (1) If a child care provider is charged with or convicted of a relevant offence subsequent to a criminal record check or criminal record check verification, the child care provider must promptly report the charge or conviction to the administrator and provide to the administrator a criminal record check authorization for a further criminal record check.

(2) When the administrator becomes aware that a child care provider has an outstanding charge for, or has been convicted of, a relevant offence, the administrator must require the child care provider to provide a criminal record check authorization for a further criminal record check.

Other persons at facility

24  A child care provider must not permit an individual who is over the age of 12, other than a parent of a child enrolled at the facility, to be ordinarily present on the premises where the unlicensed family child care facility is located, during the time that children enrolled in the facility are present, unless the child care provider has obtained a criminal record check authorization or a criminal record check verification authorization, as applicable, for that individual and provided it to the administrator.

Part 5.1 — Specified Organizations and Volunteers

Registration of specified organizations

24.1  (1) A specified organization may apply to the registrar, in the form and manner required by the registrar, to be a registered specified organization under this Act.

(2) If the registrar registers a specified organization that applies under subsection (1), the registrar must notify the specified organization that, from the date of notification, it is a registered specified organization for the purposes of this Act.

Deregistration of specified organizations

24.2  (1) A registered specified organization may notify the registrar, in the form and manner required by the registrar, that it wants to be deregistered.

(2) A specified organization ceases to be a registered specified organization for the purposes of this Act on the date the registrar receives notification under subsection (1).

General duty of registered specified organizations

24.3  (1) Subject to subsection (2), a registered specified organization must ensure that every individual who will work with children or work with vulnerable adults as a volunteer with the registered specified organization and every volunteer who works with children or works with vulnerable adults with the registered specified organization undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(2) A registered specified organization may require an applicant for volunteering or a volunteer with the registered specified organization to undergo a criminal record check even if the applicant or volunteer could undergo a criminal record check verification.

(3) Despite subsection (1), a registered specified organization must not require an applicant for volunteering with the registered specified organization to authorize a criminal record check or a criminal record check verification, as applicable, unless the applicant will be working with children or working with vulnerable adults as a volunteer with the registered specified organization.

(4) The registered specified organization must inform applicants for volunteering and volunteers of the requirements of this Act.

Applicants for volunteering

24.4  (1) Before working with children or working with vulnerable adults as a volunteer with a registered specified organization, an individual must provide to the registered specified organization a criminal record check authorization or a criminal record check verification authorization, as applicable.

(2) A registered specified organization must ensure that an individual does not work with children or work with vulnerable adults as a volunteer with the registered specified organization unless the individual has complied with subsection (1).

Existing volunteers

24.5  (1) A volunteer with a specified organization who works with children or works with vulnerable adults at the time the specified organization is registered under section 24.1 must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to his or her registered specified organization a criminal record check authorization or a criminal record check verification authorization, as applicable,

(i)   within 1 year of the date of notification, under section 24.1 (2), that the specified organization is a registered specified organization, and

(ii)   at least once every 5 years after the date on which authorization is provided in compliance with subparagraph (i).

(2) A volunteer with a registered specified organization who works with children or works with vulnerable adults must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to his or her registered specified organization a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the volunteer provided to his or her registered specified organization the volunteer's last criminal record check authorization or criminal record check verification authorization.

(3) If a volunteer does not provide a criminal record check authorization or a criminal record check verification authorization as required by subsection (1) or (2) or section 24.9,

(a) the volunteer must not work with children or work with vulnerable adults as a volunteer with the registered specified organization until the volunteer has provided the criminal record check authorization or the criminal record check verification authorization, and

(b) the registered specified organization must ensure that the volunteer does not work with children or work with vulnerable adults as a volunteer with the registered specified organization until the volunteer has provided the criminal record check authorization or the criminal record check verification authorization.

No portable criminal record check

24.6  If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for volunteering or a volunteer with a registered specified organization does not have a portable criminal record check because the applicant or volunteer has never undergone a criminal record check or the applicant or volunteer underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the registered specified organization must ensure that the applicant or volunteer does not work with children or work with vulnerable adults as a volunteer with the registered specified organization until the applicant or volunteer provides a criminal record check authorization.

Effect of finding of risk — working with children

24.7  (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or a conviction indicates that an applicant for volunteering or a volunteer with a registered specified organization presents a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under section 5, the registered specified organization must ensure that the applicant or volunteer does not work with children as a volunteer with the registered specified organization.

(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for volunteering or a volunteer does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the applicant or volunteer presents a risk of physical or sexual abuse to children, the registered specified organization must ensure that the applicant or volunteer does not work with children as a volunteer with the registered specified organization.

Effect of finding of risk — working with vulnerable adults

24.8  (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or a conviction indicates that an applicant for volunteering or a volunteer with a registered specified organization presents a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5, the registered specified organization must ensure that the applicant or volunteer does not work with vulnerable adults as a volunteer with the registered specified organization.

(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for volunteering or a volunteer with a registered specified organization does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the applicant or volunteer presents a risk of physical, sexual or financial abuse to vulnerable adults, the registered specified organization must ensure that the applicant or volunteer does not work with vulnerable adults as a volunteer with the registered specified organization.

New convictions or outstanding charges

24.9  (1) If a volunteer who works with children or works with vulnerable adults is charged with or convicted of a relevant offence or specified offence subsequent to a criminal record check or criminal record check verification, the volunteer must promptly report the charge or conviction to the registered specified organization and provide to the registered specified organization a criminal record check authorization for a further criminal record check.

(2) When a registered specified organization becomes aware that a volunteer who works with children or works with vulnerable adults has an outstanding charge for, or has been convicted of, a relevant offence or specified offence, the registered specified organization must require the volunteer to provide a criminal record check authorization for a further criminal record check.

Part 6 — General

Repealed

25–26  [Repealed 2002-52-34.]

Criminal record check authorization

27  The authorization for a criminal record check must

(a) be in the form provided by the registrar,

(b) be signed by the individual to whom the criminal record check will relate,

(c) include the individual's authorization to submit his or her fingerprints if necessary to verify the results of the criminal record check, and

(d) include any other prescribed matter.

Criminal record check verification authorization

27.01  The authorization for a criminal record check verification must

(a) be in the form provided by the registrar,

(b) be signed by the individual to whom the criminal record check verification will relate, and

(c) include any other prescribed matter.

Waiver of fees

27.1  The registrar may waive the payment of the prescribed fee payable, if any, for a criminal record check or for a criminal record check verification if the registrar considers the waiver to be in the public interest.

Delegation

27.2  (1) The registrar may delegate to a person any or all of his or her powers, duties or functions, including, without restriction, powers, duties or functions relating to a reconsideration under section 5.

(2) The deputy registrar may delegate to a person any or all of his or her powers, duties or functions, including, without restriction, powers, duties or functions relating to a determination under section 4.

(3) Subsection (2) does not apply to a power, duty or function delegated to the deputy registrar by the registrar under subsection (1).

Offences

28  (1) A person who contravenes section 6 (1), (2) or (3), 8 (1) or (2) (b), 9 (2), 10 (2) (a) or (b), 10.1 (a) or (b), 11 (1) (a) or (b) or (2) (a) or (b), 11.1 (1) (a) or (b) or (2) (a) or (b), 12 (2) or (3), 13 (1), 14 (2), 15 (2) (a) or (b) or (3), 15.1 (a) or (b), 16 (1), (1.1), (2) or (3), 17 (2), (3) or (4), 17.1 (1), 17.2 (2), 17.21, 17.3 (1) or (2), 17.31 (1) or (2), 17.4 (2), 17.5 (1), 17.6 (2), 17.7 (2) (a) or (b), 17.71 (a) or (b), 17.8 (1) or (2), 17.9 (2), 19 (1), 20 (2), 21 (2), 21.1 (a) or (b), 22 (1) (a) or (b), (1.1) or (2), 23 (2), 24.3 (1) or (2) (b), 24.4 (2), 24.5 (3) (a) or (b), 24.6, 24.7 (1) or (2), 24.8 (1) or (2), 24.9 (2) or 28.1 (2) is guilty of an offence and liable to a fine of up to $5 000.

(2) A person who contravenes section 10 (1), 12 (1), 15 (1) (b), 17 (1), 17.2 (1), 17.4 (1), 17.7 (1) (b), 17.9 (1), 21 (1) (b), 23 (1) or 24.9 (1) is guilty of an offence and liable to a fine of up to $50 for each day on which the contravention continues.

(3) Section 5 of the Offence Act does not apply to this Act or the regulations.

Request for records or information

28.1  (1) The registrar may request a person who has a duty under section 8, 13, 17.1, 17.5, 19 or 24.3 to ensure that criminal record checks are undergone to submit records or information if the registrar considers it necessary in determining whether the person's duty is being performed.

(2) A person who receives a request under subsection (1) must comply with the request.

Power to make regulations

29  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without restricting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) governing the procedure for criminal record checks;

(a.1) [Repealed 2013-8-44.]

(a.2) governing the procedure for criminal record check verifications;

(a.3) for the purpose of the definition of "specified organization" in section 1, prescribing persons and entities and classes of persons and entities;

(b) adding provisions to and removing provisions from Schedule 1;

(c) adding enactments to and removing enactments from Schedule 2;

(c.1) adding provisions to and removing provisions from Schedule 3;

(d) exempting persons or classes of persons from the application of all or any provision of this Act or the regulations;

(e) prescribing the fee payable for a criminal record check;

(e.1) prescribing the fee payable for a criminal record check verification;

(e.2) exempting persons or classes of persons from the payment of a fee for a criminal record check or a criminal record check verification;

(f) prescribing acceptable methods of paying the fee for a criminal record check or a criminal record check verification;

(g) prescribing programs for the purposes of Part 5 and designating the administrator of a program.

(h) prescribing matters for the purposes of sections 27 and 27.01;

(i) defining a word or expression used but not defined in this Act.

(3) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) make different regulations for different persons, circumstances, criminal record checks, criminal record check authorizations, criminal record check verifications and criminal record check verification authorizations and for different classes of persons, circumstances, criminal record checks, criminal record check authorizations, criminal record check verifications and criminal record check verification authorizations;

(d) establish or define classes of persons, circumstances, criminal record checks, criminal record check authorizations, criminal record check verifications and criminal record check verification authorizations.

Schedule 1

(Section 1, definition of "relevant offences")

Relevant Offences

1 The following sections of the Criminal Code are designated as relevant offences:

section 151:   (Sexual Interference);
section 152:   (Invitation to Sexual Touching);
section 153:   (Sexual Exploitation);
section 153.1:   (Sexual Exploitation of Person with Disability);
section 155:   (Incest);
section 159:   (Anal Intercourse);
section 160:   (Bestiality);
section 161:   (Order of Prohibition);
section 163.1:   (Child Pornography);
section 170:   (Parent or Guardian Procuring Sexual Activity);
section 171:   (Householder Permitting Sexual Activity);
section 171.1:   (Making Sexually Explicit Material Available to a Child);
section 172:   (Corrupting Children);
section 172.1:   (Luring a Child);
section 172.2:   (Agreement or Arrangement – Sexual Offence);
section 173 (1):   (Indecent Acts);
section 173 (2):   (Exposure);
section 177:   (Trespassing at Night);
section 179:   (Vagrancy);
section 212 (1):   (Procuring a Person for the Purposes of Prostitution);
section 212 (2):   (Living Off Avails of Child Prostitution);
section 212 (2.1):   (Living off Avails of Child Prostitution, Aggravating Circumstances);
section 212 (4):   (Attempting to Obtain the Sexual Services of a Child);
section 215:   (Duties of Persons to Provide Necessities);
section 218:   (Abandoning Child);
section 220:   (Causing Death by Criminal Negligence);
section 221:   (Causing Bodily Harm by Criminal Negligence);
section 229:   (Murder);
section 235:   (Punishment for Murder);
section 236:   (Punishment for Manslaughter);
section 237:   (Punishment for Infanticide);
section 238:   (Killing Unborn Child in Act of Birth);
section 239:   (Attempt to Commit Murder);
section 240:   (Accessory after Fact to Murder);
section 242:   (Neglect to Obtain Assistance in Child Birth);
section 243:   (Concealing Body of Child);
section 244:   (Causing Bodily Harm with Intent);
section 245:   (Administering Noxious Thing);
section 246:   (Overcoming Resistance to Commission of Offence);
section 264:   (Criminal Harassment);
section 264.1:   (Uttering Threats);
section 266:   (Assault);
section 267:   (Assault with a Weapon or Causing Bodily Harm);
section 268:   (Aggravated Assault);
section 269:   (Unlawfully Causing Bodily Harm);
section 271:   (Sexual Assault);
section 272:   (Sexual Assault with a Weapon, Threats to a Third Party or Causing Bodily Harm);
section 273:   (Aggravated Sexual Assault);
section 273.3:   (Removal of Child from Canada);
section 279:   (Kidnapping/Forcible Confinement);
section 279.1:   (Hostage Taking);
section 280:   (Abduction of Person under Sixteen);
section 281:   (Abduction of Person under Fourteen);
section 282:   (Abduction in Contravention of Custody Order);
section 283:   (Abduction);
section 372:   (False Messages/Indecent Telephone Calls/Harassing Telephone Calls);
section 446:   (Cruelty to Animals);
section 810:   (Where Injury or Damage Feared);
section 810.1:   (Where Fear of Sexual Offence).

2 The following sections of the Controlled Drugs and Substances Act (Canada) are designated as relevant offences:

section 5:   (Trafficking in Substances);
section 6:   (Importing and Exporting);
section 7:   (Production of Substance).

3 [Repealed B.C. Reg. 361/2007.]

Schedule 2

(Section 1, definition of "governing body")

1 [Repealed B.C. Reg. 420/2008.]
2 [Repealed B.C. Reg. 421/2008.]
3 Health Professions Act
4 [Repealed B.C. Reg. 423/2008.]
5 [Repealed B.C. Reg. 442/99.]
6 [Repealed B.C. Reg. 442/99.]
7 [Repealed B.C. Reg. 232/2005.]
8 [Repealed B.C. Reg. 442/99.]
9 [Repealed B.C. Reg. 422/2008.]
10 [Repealed B.C. Reg. 169/2010.]
11 [Repealed B.C. Reg. 442/99.]
12 Social Workers Act
13 [Repealed B.C. Reg. 2011-19-106.]

Schedule 3

(Section 1, definition of "specified offence")

Specified Offences

1 The following sections of the Criminal Code (Canada) are designated as specified offences:

section 162: (Voyeurism)

section 241: (Counseling Suicide)

section 334: (Theft)

section 336: (Criminal Breach of Trust)

section 342: (Theft, Forgery of Credit Card)

section 344: (Robbery)

section 346: (Extortion)

section 348: (Breaking and Entering)

section 349: (Unlawfully in a Dwelling)

section 351: (Possession of Break-in Instrument)

section 355: (Possession of Stolen Goods)

sections 362, 363: (False Pretences)

section 367: (Forgery)

section 368: (Uttering Forged Documents)

section 372: (Harassing Calls)

section 380: (Fraud)

section 423: (Intimidation)

section 430: (Mischief Endangering Life)

section 433: (Arson — Disregard for Human Life)