CITY OF FORT ST. JOHN

CRIMINAL RECORD CHECK PROCEDURE

Council Policy No. 59/00

Records Management Number: 2790-00

Personnel

CRIMINAL RECORD CHECK PROCEDURE POLICY

PROCEDURE

While the Criminal Records Review Act does not apply to local government, the Province has encouraged local governments to obtain criminal record checks on new employees who work with children, the disabled or other positions of trust or authority.

Following is a proposed procedure/policy for a Consent for Criminal Record Check for short-listed prospective employees whose positions require contact with children and the disabled:

  1. All related vacant positions posted or advertised must clearly outline that the short-listed prospective applicant(s) must consent to a Criminal Records Check.
  1. During the interview the Department Manager will advise the applicant and obtain consent from the short-listed prospective applicant(s) to conduct a Criminal Record Check. The applicant(s) should be advised that employment may be denied if such a check reveals a criminal record of a related matter.
  1. The Department Manager will provide the applicant(s) with a Consent for Criminal Record Check form instructing the applicant(s) to return the completed form to them for further processing. All Criminal Record Check fees/charges for short-listed prospective employees will be waived.
  1. The Department Manager will forward the Consent for Criminal Record Check form to the RCMP with a note (or business card) on the form identifying it, so that the form can get processed as soon as possible.
  1. To ensure confidentiality, all completed Criminal Record Checks will be returned to Human Resources from the RCMP.
  1. On return of the Criminal Record Check, Human Resources will advise the applicable Department Manager as to the results. The original will be placed on the successful candidates Human Resources file for future reference.
  1. If a criminal record is received on a short-listed prospective applicant, any conviction should be assessed on the following criteria:

(a)Does the behaviour relating to the charge or conviction, if repeated, pose any threat to the employer’s ability to carry on its business safely and efficiently?

(b)What are the circumstances of the charge or conviction and the particulars of the offence involved? (e.g.) How old was the individual when the events in question occurred; were there any extenuating circumstances?

(c)How much time has elapsed between the charge or conviction and the employment decision? What has the individual done during that period of time? Has he or she shown any tendencies to repeat the kind of behaviour for which he or she was convicted? Has he or she shown a firm intention to rehabilitate himself or herself?

PROCEDURE (continued)

  1. To ensure confidentiality and privacy for the applicant(s), any convictions on a Criminal Record Check will be reviewed and assessed by Human Resources and the applicable Department Manager only.
  1. If an applicant is not offered employment due to a related conviction outlined on the Criminal Record Check, Human Resources will contact the applicant and explain why employment will not be offered.
  1. Where a Criminal Record Check is obtained but not used in a decision to offer employment, Human Resources will destroy the information immediately.
  1. Human Resources will be responsible for the safekeeping and confidentiality of the Criminal Record Check which is to be placed on the applicant’s Human Resources file.

CONSENT FOR CRIMINAL RECORD SEARCH

See Human Resources for actual form.

Council Resolution Number: 158/00 Effective: November 8, 1993

Supersedes Council Resolution Number: 71/98, 384/96, 730/93Page: 1 of 3