THE EMPLOYERS' EDGE
Broad Record Check Introduced, Narrow Scope Of Application…For Now
In January 2025, the Ontario government introduced a new type of police record check known as the Broad Record Check (BRC), aimed at enhancing the safety of children and young persons receiving services under the Child, Youth and Family Services Act (“CYFSA”). This development has significant implications for employers providing children's services under the CYFSA.
Understanding the Broad Record Check (BRC)
The BRC is a comprehensive background check that surpasses the scope of existing checks by including:
- All interactions with police resulting in a written record
- Contacts related to the Mental Health Act
This extensive disclosure is designed to ensure that individuals in positions of trust with children are thoroughly vetted.
Comparing BRC to Vulnerable Sector Screening (VSS)
Prior to the introduction of the BRC, the Vulnerable Sector Check (VSS) was the most exhaustive screening tool available. The VSS includes:
- Criminal convictions
- Findings of guilt under the Youth Criminal Justice Act
- Absolute and conditional discharges
- Outstanding charges, arrest warrants, and certain judicial orders
- Findings of not criminally responsible due to mental disorder
- Record suspensions related to sexually-based offences
- In specific circumstances, non-conviction charge-related information
The BRC expands upon the VSS by incorporating all police interactions resulting in written records and contacts under the Mental Health Act, providing a more detailed profile of an individual's history.
Employer Obligations and Compliance
With the implementation of the BRC, employers in the children's services sector must adhere to the following requirements:
- Obtain BRCs Every Three Years: Individuals who may have unsupervised interactions with children or young persons under the CYFSA—including employees, volunteers, students, contractors, directors, and officers—are required to provide a current BRC every three years.
- Annual Offense Declarations: These individuals must submit annual offense declarations detailing any new criminal history to ensure continuous compliance.
- Immediate Disclosure of Charges or Convictions: There is a legal obligation for individuals to promptly inform their organization of any new criminal charges or convictions.
- Develop Written Policies and Procedures: Organizations must establish and implement written policies and procedures outlining the administration of these checks, ensuring they are accessible to all relevant parties.
Implications for Employers Subject to the CYFSA
Employers in this sector should be aware of the following considerations:
- Privacy and Human Rights: The BRC's inclusion of comprehensive police interactions, especially those related to mental health, raises concerns about potential discrimination. Employers must navigate these disclosures carefully to comply with privacy laws and human rights legislation.
- Consent Process: The BRC requires a two-stage consent process. Initially, the individual must consent to the check, after which they review the results before consenting to share them with the employer. This process may introduce delays in hiring and necessitates clear communication with candidates.
- Policy Development: Organizations must develop and maintain policies that address the administration of BRCs, including procedures for obtaining consent, handling sensitive information, and responding to disclosures.
Key Takeaways
In conclusion, the introduction of the Broad Record Check represents a significant shift in Ontario's approach to safeguarding vulnerable populations. While currently limited in its application to those employers subject to the CYFSA, it is not beyond contemplation that this type of review could extend to other sectors involving children – child care, for instance – in the future. Employers in the children's services sector must proactively adapt to these changes by implementing robust policies and procedures that balance thorough screening with respect for individual rights. We will continue to monitor any further developments in this regard and, as always, the team at CCPartners is ready to answer any questions you may have.
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