School Board Update
Ontario Overhauls Background Checks For School Board Personnel
Date: December 12, 2025
On December 5, 2025, the Ontario government filed Ontario Regulation 298/25 (Regulation), which substantially amends background check procedures for school boards. The Regulation introduces updated terminology, new timelines, expanded coverage, and stricter compliance obligations that will require immediate attention from school board administrators and human resources professionals.
The Regulation makes significant changes to O. Reg. 521/01 – Collection of Personal Information.
Updated Terminology
The Regulation adopts the term “police record check” as defined in the Police Record Checks Reform Act, 2015, eliminating the previous terms “criminal background check” and “personal criminal history”.
Who Must Undergo Police Record Checks
School boards must collect police record checks for every individual who is, or will be:
- an employee of the board
- a service provider at a school site of the board
- a volunteer with the board
- a student on an educational placement with the board
The type of check required depends on the individual’s role. Those in positions of trust or authority with pupils require a vulnerable sector check, while others require a criminal record and judicial matters check.
Implementation Timeline
The Regulation establishes different deadlines based on when an individual’s most recent police record check was completed.
- Individuals with no previous check: School boards must collect a police record check by February 1, 2026.
- Previous check on or before September 1, 2021: School boards must collect a police record check for these individuals in accordance with staggered deadlines throughout 2026 and 2027 based on an individual’s birth month. For example, those born between April and June must complete a new check by the last day of their birth month in 2026, while those born between January and March have until the last day of their birth month in 2027.
- Previous check after September 1, 2021: School boards must collect a police record check for these individuals in accordance with a five-year renewal cycle from the date of an individual’s most recent check, with the deadline falling on the last day of an individual’s birth month (or June 30 for July and August birthdays).
- New hires and appointments: School boards must collect a police record check from prescribed individuals no later than the date those individuals commence employment, volunteer work or educational placements with the school board, or when those individuals become a service provider at a school site.
- Charged or convicted individuals: If a covered individual is charged with or convicted of a Criminal Code offence, the board must collect a new police record check as soon as reasonably possible after the charge or conviction.
Operational Flexibility
Police record checks must be performed within six months before the applicable deadline to be considered a valid check. However, the Regulation provides school boards with flexibility when delays occur.
Boards may permit an individual to commence or continue their role without a completed check if:
- the board requires the individual to apply for the check as soon as reasonably possible;
- the length of time required to obtain a police record check justifies it; and
- if applicable, the board puts additional measures in place to protect pupils who interact with the individual until the police record check is collected.
Annual Offence Declarations
The Regulation maintains the requirement for annual monitoring. In any year where a new police record check is not required, the board must collect an offence declaration from the individual by September 1. This ensures ongoing monitoring between the five-year renewal cycles.
Related Amendments
The government has also filed O. Reg. 289/25, O. Reg. 290/25, and O. Reg. 291/25. These regulations amend the Operation of Schools and Letters of Permission requirements to adopt the “police record check” terminology and the definition of “vulnerable sector check” as defined in the Police Records Check Reform Act, to provide consistent terminology and requirements throughout the Education Act and its regulations.
Immediate Action Required
School boards should:
- review their current records to categorize all employees, service providers, volunteers, and students on educational placements according to when their most recent police record check was completed
- develop a compliance plan to meet the staggered deadlines in tables 1 and 2
- update internal policies and procedures to reflect the new terminology and requirements, and ensure those requirements are communicated to applicable individuals
- establish systems to track the five-year renewal cycle and annual offence declaration requirements
- train human resources staff and school administrators on the new requirements and flexibility provisions
Given the immediate effective date and the February 1, 2026 deadline for individuals without previous checks, prompt action is essential to ensure compliance.
If you have any questions regarding these new police record check requirements, please contact Dolores M. Barbini, Andrew J. Movrin, or your Hicks Morley lawyer.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©