New CPIC Policy Change Affecting Level of Access
A CPIC (Canadian Police Information Centre) Policy Change has been communicated to all police services across Canada, with changes to be implemented immediately, and which affects all members of the employment and volunteer screening industry in Canada.
Based on a bulletin from CPIC, we understand that we will ONLY be able to supply you with a very basic “Criminal Record Check” result, which will say that “Based on the information received, there is no criminal record identified. Information can only be confirmed by fingerprint comparison”.
When a possible positive response is received: “There may or may not be a criminal record in existence. Information can only be confirmed by fingerprint comparison”.
However, the reality for our industry effective immediately is as follows:
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We can no longer supply Details of Criminal Convictions. Police Services have been told that they cannot release a detail of a record to anyone without fingerprint comparison.
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We can no longer provide VSS checks (Searches for Pardoned Sexual Offences). VSS Searches are only allowed if the person physically appears in person at the police station. If a VSS Request is sent in, we will only process a Criminal Record Check. Bear in mind that VSS searches only for Pardoned Sexual Offences, which historically are only revealed in about 1 in 20,000 cases.
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We will no longer process checks anyone under age 18. So that you can maintain a consistent process, we recommend that you still send in the file, and we will not charge for requests that come in for persons under 18 years of age.
These changes are in direct response to this week’s directive from the CPIC office within the RCMP in Ottawa, which was sent to our police partners.
What is happening now?
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We are working to find other alternatives that respect the CPIC policy directive in order to supply you with information that will let you make timely hiring decisions. We will keep all of our clients updated as we develop alternatives. Options we are exploring include Freedom of Information requests, which are governed under federal and provincial legislation. Please bear with us as we grapple with a decision that came down with no warning or consultation.
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We are continuing our lobbying efforts on behalf of our industry and most importantly on behalf of our customers, each of whom depend on this information to make decisions daily.
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Process Suggestion: With respect to details of convictions on the Not Clear results that occur about 6% of the time, we recommend that you
a. For candidates that we report as Not Clear – Review the candidate’s claims on their consent form – Did they admit to a conviction? If they did, you can consider using that information to make a decision.
b. You can also use that information to determine if they were honest when filling out the consent form – about half of people with criminal records are not forthcoming about the existence of a criminal record.
4. Regarding Vulnerable Sector Searches, the unfortunate reality is that only a police service is allowed to query for pardoned sexual offences when someone appears at the counter. We can still process a Criminal Check for all non-pardoned offences and deliver that information quickly. We are looking into options including Freedom of Information requests, which are governed under federal and provincial legislation.
5. Representatives from our industry have been invited to participate in a Working Group in January on this topic.
Please stay tuned, as we update you regarding all of these matters. We hope to have more information to you in the next few days about all of the above.
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