An analysis of practices across provinces conducted by Uniform Law Conference of Canada offers insights into disparities in how record checks are processed across the country.
Criminal record checks are widely used in Canada for employment, volunteering, and other purposes, often including sensitive non-conviction information such as mental health interactions, withdrawn charges, or acquittals. Some suggest this practice has had adverse effects on individuals, particularly youth and minorities, and lacks evidence supporting its utility in reducing workplace risk.
In addition, the study found there is significant inconsistency in the type of information disclosed in criminal record checks across provinces and even within provinces. Non-conviction data and procedural safeguards vary widely.
Provinces like Ontario and British Columbia have taken steps to regulate and limit the disclosure of non-conviction information, but others continue to have inconsistent and unstandardized practices.
Finally, some jurisdictions lack robust processes to allow individuals to correct inaccurate or irrelevant information included in their record checks. Procedural protections, where they exist, differ significantly.
The study concluded that the current system is fragmented resulting in potential inequities for Canadians depending on their location.
Uniform legislation goes along way to standardize criminal record check practices nationwide. Ontario’s Police Record Checks Reform Act, 2015 (PRCRA) established standardized procedures for conducting and disclosing police record checks within the province. This legislation balanced public safety with individual privacy by clearly defining the types of information that can be disclosed during such checks.
As of now, no other Canadian province has enacted legislation identical to Ontario’s PRCRA. However, there are efforts to harmonize police record check practices across the country using this legislation as a guide going forward.
Building on best practices identified by police records staff and in accordance with the PRCRA, Agile Records offers a strong starting framework for uniform application business rules and procedures, emphasizing transparency, fairness, and procedural safeguards. While some provinces have their own policies governing police record checks, Agile Records is able adjust and accommodate internal records unit operations to helps its users address local and provincial regulations specific to their jurisdiction, anywhere in Canada.