Criminal Records Check Procedure

Purpose statement

The procedure outlines the responsibilities of the Town of Oakville (town) departments and Human Resources in the identification of sensitive positions requiring criminal records checks; the process to be followed in obtaining the criminal records information from affected employees; and management of the information acquired. This Procedure does not conflict with or amend the Town of Oakville's practice of requiring criminal records checks and/or a clear criminal record for applications for positions that may otherwise not be deemed to be sensitive positions.

Scope

The procedure applies to all candidates for, and employees in, sensitive positions with the Town of Oakville.

Procedure

1. Department heads will establish the criminal records check requirements of each job in their complement against the five criteria that define positions requiring criminal records checks being:
   1. direct contact with the public including those working with the “at risk” population of children and vulnerable adults
   2. responsibility for significant handling or investing of money
   3. of significant power and/or influence or requires the trust of people not working for the Town (e.g. By-law Enforcement Officers, positions involved in licensing or real estate)
   4. a requirement to enter or access private property or residences (e.g. Firefighters, Building Inspectors). and/or
   5. any other criteria deemed appropriate by the Director of Human Resources
2. Department heads will sign off on the Sensitive Position Listing and return it to Human Resources for review and administration.
3. A panel will be made up of the Human Resources Consultants and the Labour Relations Manager to confirm if the positions identified by Department heads require a criminal records check.
4. When requesting to fill a vacant position  Management will indicate on the section of the requisition provided for comments  if the successful candidate will require a criminal records check
5. Human Resources will post sensitive positions as requiring a criminal records check.
6. Candidates interviewed for sensitive positions will be advised in the interview that the successful candidate will receive a confirmation of employment only after presenting a satisfactory criminal records check directly to Human Resources.  If the successful candidate, on receiving the criminal records check, chooses to withdraw their application, they may do so without prejudice.
7. A positive criminal records check is immediately referred to the Human Resources Director for consideration.
8. The criminal records check will be sealed in the successful candidate’s personnel file.
9. Any additions, deletions or changes in the status of jobs must be signed off by the Commissioner and sent to Human Resources.
10. Incumbents currently in positions as of May 5, 2008 that are designated as sensitive positions, thereby requiring a criminal records check, will be deemed to have obtained a criminal records check for the position they presently occupy and the position(s) they have occupied while employed by the Town.  If, however, the employee currently occupies a position for which a Vulnerable services sector report is required, they will be required to obtain a Vulnerable sector screening check.
11. The Town will provide notice to the respective unions of the positions within their bargaining units which have been designated as sensitive positions.
12. An employee, who occupies a position which is deemed to be sensitive and otherwise requires a criminal record check, for which such employee has been deemed to have provided, shall immediately notify Human Resources when the employee is convicted of an offence under the Criminal Code.  Human Resources and appropriate subject matter experts will review the conviction to determine what action, if any, ought to be taken in light of the employee’s position and the nature of the criminal offence.
13. An employee who occupies a position which requires a criminal record check shall immediately notify Human Resources when the employee is charged with an offence under the Criminal Code, where the nature of the offence is such as to be potentially harmful or detrimental to the Town’s reputation or capacity to deliver services to the public or that will render the employee unable to properly perform some or all of their duties or that it may have a harmful effect on other employees of the Town.
14. Without restricting the generality of the foregoing, an employee must report a criminal charge when charged with the following offences:
    1. Any violent sexual offence under the Criminal Code;
    2. Any offence under the Criminal Code involving children under 18 years of age;
    3. Crimes of violence involving a vulnerable person, which include threats, assaults and the use, possession or distribution of a weapon;
    4. Any offence involving the making, possession or distribution of child pornography; and
    5. Theft (over $100) or fraud.
15. All information shall be retained in the manner outlined in paragraph 8 above.

This policy and procedure does not conflict with or amend the Town of Oakville’s practice of requiring criminal record checks and or a clear record for applications for positions that may otherwise not be deemed to be sensitive positions.

Responsibilities

1. It is the responsibility of the Commissioner to confirm whether or not a position should be designated as sensitive, using the criteria provided.
2. It is the responsibility of Human Resources to maintain a list of sensitive positions; insert notification on postings; advise candidates in the interview process if a criminal records check is required; and ensures checks are satisfactory prior to confirming employment and start date.
3. It is the responsibility of the Director of Human Resources to determine, in consultation with others, the impact of a positive criminal records offence on an individual’s candidacy for a sensitive position, or the continued employment of an employee in a sensitive position.
4. It is the responsibility of employees in sensitive positions to comply with their obligations under this Policy and Procedure.