Police Record Checks Policy - Draft

Human Resources

 

The Durham District School Board (DDSB) is committed to providing safe, inclusive, and respectful learning and working environments for all students and staff.

Employees, volunteers, students on educational placements, and service providers may work with or have regular contact with students and other vulnerable persons. These individuals may be in positions of trust and authority.

Ontario Regulation 521/01 (Collection of Personal Information), as amended, under the Education Act, establishes requirements for school boards to collect Police Record Checks and offence declarations from prescribed individuals, including employees, service providers, volunteers, students on educational placements, statutory committee members and School Council members. These requirements support student safety and establish consistent screening expectations for individuals undertaking responsibilities within the school board.

Police Record Checks are an important risk mitigation measure that support student safety and public confidence in the Board.

The purpose of this policy is to:

  • Establish clear requirements for the collection of Police Record Checks and offence declarations from individuals covered under this policy;
  • Ensure compliance with applicable legislation and regulations;
  • Mitigate risks associated with individuals working with or holding positions of trust or authority in relation to vulnerable persons; and
  • Uphold the Board’s commitment to Indigenous rights, human rights, and safe learning and working environments.

This policy shall be interpreted and applied in a manner consistent with the Board’s commitments under the:

  • Indigenous Education Policy
  • Human Rights, Anti-Discrimination and Anti-Racism Policy
  • Safe and Respectful Workplace and Harassment Prevention Policy

3.1 Police Record Check (PRC): Also known as a “background check” is a search of police records on an individual conducted in accordance with the Police Record Checks Reform Act, 2015. These checks are often used as part of a screening process for paid work, employment, student placement or volunteering. Police Record Checks mitigate risks associated with those working with the vulnerable sector.

The Act authorizes the following types of police record checks:

  • Criminal Record Check
  • Criminal Record and Judicial Matters Check
  • Vulnerable Sector Check

3.2 Criminal Record and Judicial Matters Check (CRJMC): Required for employees and other individuals who will have regular contact with students but will not be in a position of trust or authority.

3.3 Vulnerable Sector Check (VSC): Required for employees and other individuals who will be in a position of trust or authority in relation to students.

3.4 Vulnerable Person: A person who, due to age, disability, or other circumstances, whether temporary or permanent, is in a position of dependence or at greater risk of harm from someone in a position of authority or trust.

3.5 Offence Declaration: A written declaration signed by an individual listing all Criminal Code (Canada) convictions not previously disclosed to the Board and for which a pardon has not been granted.

3.6 Service Provider: An individual who comes into direct and regular contact with students while providing goods or services at a school site of the Board under contract; or for their employer who provides goods or services and is under contract with the Board.

The Superintendent of People and Culture has carriage and oversight over this policy and is responsible for the content, implementation, and communication of this policy.

Operational responsibility may be delegated to People and Culture and other appropriate staff.

The Governance and Policy Committee will review the policy prior to Board approval or substantive amendment.

This policy applies to:

  • All DDSB employees;
  • Volunteers;
  • Students on educational placements with the Board;
  • Service providers as defined under Ontario Regulation 521/01; who have regular contact with students
  • Members of the statutory committees prescribed under Ontario Regulation 521/01, including the Audit Committee, Special Education Advisory Committee, Supervised Alternative Learning Committee, and Parent Involvement Committee;
  • Members of the School Councils established under Ontario Regulation 612/00.

This policy applies to the above individuals in accordance with legislative and regulatory requirements, including requirements determined by the nature of their roles and responsibilities.

6.1 The DDSB requires Police Record Checks and offence declarations in accordance with Ontario Regulation 521/01.

6.2 The type of Police Record Check required shall correspond to the nature of the individual’s role and level of responsibility in relation to students.

6.3 Police Record Checks and offence declarations are required as a condition of employment, volunteer engagement, student placement, or service provision where applicable, and are the responsibility of the individual to obtain.

6.4 The Board shall determine, at its sole discretion, whether the results of a Police Record Check are satisfactory.

6.5 This policy shall be implemented in accordance with the Ontario Human Rights Code, applicable privacy legislation, and the Board’s commitments to Indigenous rights, equity, and anti-racism.

6.6 In reviewing Police Record Check results, the Board will assess the relevance of disclosed information to the duties of the role and apply principles of procedural fairness.

6.7 Personal information collected under this policy shall be limited to what is reasonably necessary to meet applicable regulatory requirements, used only for the purpose for which it was collected, stored securely and separately from personnel files, and retained and disposed of in accordance with applicable legislation, the Board's Records Retention and Classification Schedule (RRCS), and the Records and Information Management Policy (P GOV 10).

6.8 Members of the prescribed statutory committees and School Councils shall provide the applicable Police Record Check and annual offence declarations in accordance with Ontario Regulation 521/01. The type of check, collection timelines and renewal requirements shall be determined in accordance with the regulation and the nature of the individual’s responsibilities.

7.1 Type of Check Required

  1. A Vulnerable Sector Check (VSC) is required for individuals in positions of trust or authority in relation to students.
  2. A Criminal Record and Judicial Matters Check (CRJMC) is required where regular contact occurs, but no position of trust or authority exists.

7.2 Collection Cycle

  1. For employees, the applicable PRC is required upon hire and shall be collected on a five-year cycle thereafter.
  2. For volunteers, students on educational placements, and service providers, the applicable PRC is required prior to commencement and on a five-year cycle thereafter.

7.3 Annual Offence Declaration

In years where a PRC is not collected, individuals must complete an annual offence declaration.

7.4 New Charges or Convictions

If an individual is charged with or convicted of a Criminal Code offence, a new Police Record Check shall be collected as soon as reasonably possible.

7.5 Implementation

The Superintendent of People and Culture shall establish and maintain a corresponding procedure outlining:

  • Submission timelines
  • Privacy and records handling
  • Assessment processes
  • Escalation and review protocols

This policy shall be monitored on an ongoing basis and formally reviewed at least every five years to ensure continued relevance, effectiveness, and legislative alignment.

This policy shall be published on the DDSB public website in an accessible format and communicated to relevant staff, volunteers, service providers, and education partners.

None.

Adopted:
April 19, 2005

Effective:
April 19, 2005

Amended/Reviewed
November 12, 2026