Police Checks Policy

Policy number: 2009-01

Effective date: September 21, 2009

Last revision date: May 3rd, 2013

On this page

1. Policy
2. Purpose
3. Scope
4. Definitions
5. Responsibility
6. Procedure
7. References

1. Policy

An appropriate police check is required for specific positions at Haldimand County.

A Police Vulnerable Sector Check shall be provided by employees and persons 18 years of age and over who are selected to positions that provide service to or interact with a vulnerable person or persons

A Police Criminal Record Check shall be provided by employees and persons 18 years of age and over who are selected to positions that:

• • handle cash over the amount of $250 on behalf of the County; or
  • have access to critical infrastructure or control equipment within County facilities (for example, mechanical rooms, server rooms, etc.)

2. Purpose

To take reasonable precaution to ensure the safety of County assets and the well-being of County employees and persons who receive services provided by the County while at the same time to respect the privacy of candidates.

3. Scope

This policy applies to all persons 18 years of age or over who are offered employment in positions designated by the Senior Management Team as requiring a Police Check.

4. Definitions

Police Check -  A Police Check is either a Police Vulnerable Sector Check or Police Criminal Record Check conducted by the Ontario Provincial Police (OPP) Cayuga Detachment or the police service in the successful candidate’s home location.

Vulnerable Sector Check -  A Police Vulnerable Sector Check (Attachment A) is a police check used to verify the possible existence of a criminal record and a sexual offence conviction for which an individual has not received a pardon.

Vulnerable Person -  A Vulnerable Person is a person, who because of their age, a disability or other circumstances, whether temporary or permanent, are:

1. 1. in a position of dependence on others or
   2. are otherwise at greater risk than the general population of being harmed by a person in a position of authority or trust relative to them, pursuant to the Criminal Records Act.

Criminal Record Check -  A Police Criminal Record Check (Attachment B) is a police check used to verify the possible existence of a criminal record for which an individual has not received a pardon.

5. Responsibility

5.1 The hiring Manager shall ensure that:

• • Any person presented an offer of employment for a position requiring a Police Check has submitted an appropriate Police Check as required for the position being filled;
  • An appropriate decision is made in consultation with the General Manager and Manager, Human Resources regarding employment based on the findings of the Police Check;
  • Any Police Check documentation presented to a Manager / Supervisor is treated with strict confidentiality and forwarded to the Human Resources Division for retention

5.2  The Manager, Human Resources shall ensure that:

• • A current list of positions identified by the Senior Management Team as requiring a Police Check is available at all times;
  • Police Check documentation received in the Human Resources Division is treated as private and confidential information and placed on the employee’s personnel file in the Human Resources Division;
  • Hiring Managers are informed as appropriate when Police Check documentation is received;

5.3  An employee charged with a criminal offence shall contact their respective Manager or the Manager, Human Resources immediately to discuss the charge and its possible impact on their employment at Haldimand County.

5.4  Employees being considered for a position, different from their current position, that requires a Police Check shall provide an appropriate Police Check that has been completed within the past six months prior to the date on the conditional offer of employment. If the employee has submitted an appropriate Police Check since being hired, the employee may either complete Attachment F declaring that he / she does not have a criminal record or submit an appropriate Police Check.

5.5  Candidates from outside the County being considered for positions requiring a Police Check shall provide an appropriate Police Check that has been completed within the past six months prior to the date on the conditional offer of employment.

• • Volunteer positions requiring a Police Check are identified;
  • Responsibilities of persons involved in the process are identified;
  • A procedure ensuring that a satisfactory Police Check is required and obtained before the person begins to volunteer; and
  • All related documentation is stored in a manner that respects privacy.

6. Procedure

6.1  Job postings, external advertisements and job documents for those positions identified as requiring a Police Check shall reflect the appropriate requirement as a condition of employment.

6.2  An offer of employment for a position identified as requiring a Police Check shall be made conditional on the candidate providing a satisfactory Police Criminal Record Check or Police Vulnerable Sector Check, as appropriate, to the Human Resources Division prior to their start date.

6.3  A Vulnerable Sector Check requires the following documents:

• • Agency Letter (Attachment C)
  • Two forms of acceptable identification including one photo ID (see Attachment D)

If the candidate lives in Haldimand County, he / she shall take this information to the OPP Cayuga Detachment Office to initiate the Police Check.

If the candidate does not live in Haldimand County, he / she shall take this information to the police services office in their home location to initiate the Police Check.

6.4  A Police Criminal Record Check requires the following documents:

• • Agency Letter (Attachment C)
  • Two forms of acceptable identification including one photo ID (see Attachment D)

If the candidate lives in Haldimand County, he / she shall take this information to the OPP Cayuga Detachment Office to initiate the Police Check.

If the candidate does not live in Haldimand County, he / she shall take this information to the police services office in their home area to initiate the Police Check.

6.5  Any cost for obtaining a required Police Check is the responsibility of the candidate.

6.6  If the Police Check does not indicate any cause for concern relative to the position being filled, the Human Resources Division will inform the hiring Manager.

6.7  If the Police Check does indicate cause for concern relative to the position, the hiring Manager and their General Manager will consult with the Manager, Human Resources, and confirm in writing to the candidate their decision regarding employment.

6.8  If a Police Check is not provided within two weeks from the date of the conditional offer of employment without an explanation acceptable to the hiring Manager, the conditional offer may be withdrawn in writing by the hiring Manager and other candidates will be considered.

6.9  An offer of employment shall be confirmed in writing with the candidate once the Police Check and any other required information / documentation are received by the Human Resources Division and that documentation is deemed appropriate.

6.10  Although a successful candidate to any position designated as requiring a Police Check must submit an appropriate Police Check, an exception to the requirement to provide that Police Check prior to start date may be approved by the hiring Manager’s General Manager or the Chief Administrative Officer.

6.11  When an exception is granted in conjunction with Section 6.10, the candidate will complete Attachment E declaring that he / she has requested the required Police Check and will return the completed declaration to the hiring Manager.

6.12  All Police Check documentation received by the County shall be treated as private and confidential information and placed only on the selection file maintained in the Human Resources Division or the successful candidate’s personnel file in the Human Resources Division.

7. References

• Criminal Records Act
• Freedom of Information and Protection of Privacy Act
• Ontario Human Rights Code
• Haldimand County Code of Conduct
• Ministerial Directive Concerning the Release of Criminal Record Information by the Royal Canadian Mounted Police effective August 4, 2010