Administrative Procedure 401: Police Record Checks for New Hires, Employees and Students on Educational Placements
Legal References
Education Act: Section 170 (1) 12.1 Duties of Boards: Charges, Convictions; Education Act: Section 171 Powers of Boards: Appoint Employees; Education Act: Section 283 Chief Executive Officer: Maintain an Effective Organization; O. Reg. 521/01 Collection of Personal Information; Guideline - Ontario Schools Code of Conduct; Criminal Code of Canada; Criminal Records Act
Related References
1.0 Purpose
In accordance with Ontario Regulation 521/01 (Collection of Personal Information), the Avon Maitland District School Board (the Board) is required to collect and manage Police Record Checks for employees and students on educational placement (placement student) who are 18 years old or older, to meet its statutory obligations under the Education Act.
In accordance with Ontario Regulation 521/01 (Collection of Personal Information), the Avon Maitland District School Board (the Board) is required to collect and manage Police Record Checks for employees and students on educational placement (placement student) who are 18 years old or older, to meet its statutory obligations under the Education Act.
2.0 Scope
This administrative procedure applies to all individuals who are or will be employees of the Avon Maitland District School Board and placement students with the Board.
This procedure does not apply to volunteers or service providers, which are addressed under separate administrative procedures or guidelines.
3.0 Definitions
3.1 Police Record Check is a police record check as defined under the Police Record Checks Reform Act, 2015.
3.2 Types of Police Record Checks required under this administrative procedure:
3.2.1 Criminal Record and Judicial Matters Check (CRJMC) is required where an individual is not in a position of trust or authority in relation to pupils.
3.2.2 Vulnerable Sector Check (VSC) is required where an individual is or will be in a position of trust or authority in relation to pupils, including roles involving direct, regular, or unsupervised access to students.
3.2.2 Vulnerable Sector Check (VSC) is required where an individual is or will be in a position of trust or authority in relation to pupils, including roles involving direct, regular, or unsupervised access to students.
3.3 Offence Declaration is a written declaration signed by an individual listing all Criminal Code convictions not included in the most recent police record check collected by the Board and for which a pardon or record suspension has not been issued.
3.4 Position of Trust or Authority is a role in which an individual has responsibility for, or authority over, pupils, including circumstances where the individual may be alone with students or exercises control, supervision, or decision‑making authority affecting students.
4.0 Responsibilities
4.1 Employee and Student on Placement Responsibilities
4.1.1 Obtain and submit the required police record check by the specified deadline at the individual’s own expense.
4.1.2 Submit annual offence declarations each year, regardless of whether a police record check is required, to ensure compliance with Regulation 521/01.
4.1.3 Immediately notify the Human Resource Services (HRS) Manager if charged with or convicted of a Criminal Code offence.
4.1.2 Submit annual offence declarations each year, regardless of whether a police record check is required, to ensure compliance with Regulation 521/01.
4.1.3 Immediately notify the Human Resource Services (HRS) Manager if charged with or convicted of a Criminal Code offence.
4.2 Human Resource Services Staff Responsibilities
4.2.1 Collect, verify, and securely retain police record checks and offence declarations in accordance with privacy legislation and Board procedures.
4.2.2 Track renewal timelines and notify individuals of required submission deadlines.
4.2.3 Implement conditional measures where permitted under Regulation 521/01 when a police record check cannot be obtained before commencement or continuation of employment or placement.
4.2.4 Ensure employees and placement students do not commence or continue in their roles unless police record check requirements are met or approved conditional measures are in place.
4.2.5 Ensure offence declarations are submitted annually.
4.2.2 Track renewal timelines and notify individuals of required submission deadlines.
4.2.3 Implement conditional measures where permitted under Regulation 521/01 when a police record check cannot be obtained before commencement or continuation of employment or placement.
4.2.4 Ensure employees and placement students do not commence or continue in their roles unless police record check requirements are met or approved conditional measures are in place.
4.2.5 Ensure offence declarations are submitted annually.
4.3 Director of Education Responsibilities
4.3.1 Determine the appropriate type of police record check required for each position.
5.0 Procedures
5.1 Required Type of Police Record Check
5.1.1 A Vulnerable Sector Check (VSC) shall be collected where the employee or placement student is in a position of trust or authority in relation to pupils.
5.1.2 A Criminal Record and Judicial Matters Check (CRJMC) shall be collected where the individual is not in a position of trust or authority in relation to pupils.
5.1.2 A Criminal Record and Judicial Matters Check (CRJMC) shall be collected where the individual is not in a position of trust or authority in relation to pupils.
5.2 Timing of Police Record Checks
5.2.1 Police record checks shall be collected at the following times:
5.2.1.1 New Employees and Placement Students: No later than the first day of employment or placement.
5.2.1.2 Employees and Placement Students: Collection shall occur in accordance with the timelines set out in Ontario Regulation 521/01,
5.2.1.2 Employees and Placement Students: Collection shall occur in accordance with the timelines set out in Ontario Regulation 521/01,
based on whether a prior police record check exists; and the individual’s birth month.
5.2.2 Police record checks shall be renewed every five (5) years, based on the individual’s birth month and the date the most recent check was collected.
5.2.3 Where a police record check cannot be obtained before the individual commences or continues employment or placement, the Board may permit conditional commencement or continuation provided that the individual has applied for the police record check as soon as reasonably possible, the delay is justified, and additional measures are implemented to protect pupils until the check is received. These measures are temporary and will remain in place only until the required police record check is collected.
5.2.4 A police record check is valid only if it was completed within six (6) months of the applicable deadline.
5.2.5 Where an individual is charged with or convicted of an offence under the Criminal Code (Canada), a new police record check shall be collected as soon as reasonably possible.
5.3 Offence Declarations
5.3.1 On an annual basis, employees and placement students will be required to complete an offence declaration.
5.3.2 In addition to the annual process, all employees and placement students must immediately report any new criminal charges or offences to the HRS Manager upon becoming aware of them.
5.3.2 In addition to the annual process, all employees and placement students must immediately report any new criminal charges or offences to the HRS Manager upon becoming aware of them.
5.4 Privacy and Record Management
5.4.1 All police record checks and offence declarations are collected under the authority of Ontario Regulation 521/01 and shall be managed in accordance with applicable privacy legislation and Administrative Procedure 103 (Management of Personal Information). Information shall be used only for the purposes permitted by law.
5.5 Non-Compliance
5.5.1 Failure to declare any criminal offence at the time an employee is charged and/or convicted, may result in disciplinary action, up to and including termination of employment.
5.5.2 Failure to provide a required police record check or offence declaration within the required timeframe may result in the individual being ineligible to commence or continue employment or placement with the Board.
5.5.2 Failure to provide a required police record check or offence declaration within the required timeframe may result in the individual being ineligible to commence or continue employment or placement with the Board.
Reviewed March 2025; Revised March 2026