Employee Criminal Record Check Policy

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Introduction: How to Use This Tool

Although you shouldn’t do it with all job applicants, there are times when checking an individual’s background for crimes becomes not only relevant to the applicant’s qualifications for the position but perhaps even required by law. As an HR director, the best way you can protect your company is to ensure your company has a written policy for performing criminal record background checks. The following Model Policy is for an employer that provides services to vulnerable persons and is thus required to perform a vulnerable sector check in BC. You’ll need to adapt your own policy for your province and the particular industry you’re in.

1. PURPOSE

The purpose of this Policy is to ensure a safe workplace for all ABC Company employees, patients, clients, guests and visitors, protect vulnerable adults from potential physical, sexual and financial abuse, and ensure compliance with the BCCriminal Records Review Act (CRRA).

2. DEFINITIONS

For purposes of this Policy:

  • Criminal Record Check means a process required by the CRRA that involvesusing the Canadian Police Information Centre (CPIC) to search an applicant’s police records forspecified or relevant offences relevant to physical, financial or sexual abuse of vulnerable adults set out in Schedules to the CRRA;
  • Driver’s Abstract means a document issued by the Insurance Corporation of BC (ICBC) upon the applicant’s request that outlines his/her driving record, including when his/her original license was issued and any driving offences from the past 5 years;
  • Vulnerable Adult, means an individual age 19 or older who receives health services, other than acute care, from a hospital, facility, unit, society, service holder or registrant;
  • Working with Vulnerable Adults means doing so directly, or having or potentially having unsupervised access to vulnerable adults in the ordinary course of employment, in the practice of an occupation, or during the course of an education program.

3. POLICY

All job applicants offered employment for or current employees assigned to perform jobs involving working with vulnerable adults or other safety-sensitive positions must undergo the criminal record check process set out in this Policy:

  • Any person who works with or has or potentially has unsupervised access to vulnerable adults or individuals must complete the criminal record check process, before starting such work and at least every 5 years thereafter;
  • Any person who works with or has or potentially has unsupervised access to vulnerable adults or individuals mustreport to ABC Company any new criminal charges or convictions and submit immediately to a re-check;
  • Offers of employment or transfer to positions involving or potentially involving unsupervised access to vulnerable adults or other persons are contingent upon satisfactory completion of the criminal record check;
  • Refusal to consent to a criminal record check or determination of risk on the basis of the check shall be grounds to deny employment or transfer to positions involving or potentially involving unsupervised access to vulnerable adults or other persons;
  • Any person, whose duties may include transporting vulnerable adults or individuals must submit a personal driver’s abstract for review before starting work and at least every 5 years thereafter;
  • Offer or transfer to employment involving duties that may include transporting vulnerable adults or individuals is contingent upon theindividual’s driver’s abstract indicating a clean record or a driving record with no offences serious enough to pose a risk;
  • Any person whose duties may include transferringvulnerable adults or individuals mustreport to ABC Company any new driving offences and submit a new personal driver’s abstract;
  • Refusal to furnish a personal driver’s abstract or determination of risk on the basis of a serious offence in the driving record shall be grounds to deny employment or transfer to positions potentially involving transporting vulnerable adults or other persons.

4. NON-DISCRIMINATION

In accordance with human rights laws, ABC Company will not automatically deny employment to any individual simply because that person has been convicted of a criminal or summary conviction offence that is not related to the individual’s employment or intended employment. In the event that a criminal record exists for a non-related offence, the manager responsible for the position and ABC Company’s HR director will consult to make an employment decision about the individual based on the following criteria:

  • The nature of the offence for which the individual was convicted;
  • How long ago the conviction was;
  • How old the individual was when he/she committed the offence;
  • The individual’s accomplishments and employment history since the time of the conviction; and
  • Any other relevant considerations.

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