Regulatory Exemption for Record Check Process under Police Record Checks Reform Act, 2015 Filed

As discussed in our previous post, the Police Record Checks Reform Act, 2015 (Act) creates new procedural requirements for requesting and obtaining criminal record, judicial matters and vulnerable sector backgrounds checks. The Act creates a requirement for a two-stage consent process where: (1) the individual must consent to the type of check being conducted; and…

New Police Record Checks Reforms Introduced

On June 3, 2015, the Ontario government introduced Bill 113, the Police Record Checks Reform Act, 2015, legislation that would, if passed, implement a new process governing requests for searches of the Canadian Police Information Centre databases, or other police databases, in connection with screening an individual for certain purposes. Among other things, the Bill would: authorize…

Dan Michaluk Quoted in Law Times

Hicks Morley’s Dan Michaluk was quoted in the December 11, 2012 edition of Law Times magazine in an article entitled “Employers warned about limits on background checks.” The article summarizes comments Dan made about workplace privacy at a recent Canadian Bar Association conference, including a comment about the need for employers to control their background…

Dan Michaluk Quoted in Canadian HR Reporter

Hicks Morley’s Dan Michaluk was quoted in the May 3rd edition of Canadian HR Reporter in an article entitled “Criminal Checks Hit Roadblocks”. The article provides a thorough description of developments related to the Canadian Police Information Centre (CPIC) background check process. Michaluk identifies that employers need to address risk management, health and safety, human…

OHRC Draft Policy on Mental Health Discrimination and Police Record Checks

In February 2008, the Ontario Human Rights Commission released a Draft Policy on Mental Health Discrimination and Police Records Check for public consultation. The draft Policy is aimed at addressing concerns that the requirements, policies and practices relating to police record checks can have a discriminatory impact on persons with mental health-related disabilities and those…