For police - Dissemination of Criminal Record Information policy

Purpose

1. To govern the release of criminal record information maintained in the RCMP National Repository of Criminal Records by Canadian police agencies conducting criminal record and vulnerable sector checks.
2. This policy is based on the Ministerial directive concerning the release of criminal record information by the Royal Canadian Mounted Police.

Definitions

Application

1. This policy applies to all police agencies, agents and third-party companies that are involved with conducting name-based criminal record and vulnerable sector checks.
2. This policy must be read in conjunction with other requirements, including but not limited to, legislative requirements for protection of personal information and disclosure of criminal record information, CPI Centre policy and the Ministerial directive concerning the release of criminal record information by the Royal Canadian Mounted Police.
3. Police agencies are solely responsible for ensuring agents and third-party companies adhere to all policies. The RCMP is not responsible for third-party compliance and damages arising from such non-compliance are the responsibility of the relevant police agency and third-party company.
   1. Any damages or costs incurred by the RCMP as a result of failure under this article will be indemnified by that responsible party.

Effective date

1. This policy takes effect on November 17, 2024
2. This policy replaces the Dissemination of criminal record information policy dated March 12, 2012.

Identity verification

1. Physical identity verification

   1. Before conducting a name-based criminal record or vulnerable sector check, the police agency is required to apply the minimum identity verification requirements as described in this section, including any provincial or territorial requirements.
   2. The police agency's trusted agent has the sole authority to be satisfied that the applicant's identity is confirmed and that the original identification documents are physically verified.

   3. The applicant must provide two valid pieces of identification, one of which is government-issued and includes their name, date of birth, signature, and photograph.

      Notes:

      1. Valid means not expired.
      2. Government-issued means issued by a federal, provincial, territorial, or state government authority or the equivalent abroad.
      3. Refer to Public Safety Canada's Documents needed for air travel web page for examples of acceptable government-issued identification.
      1. If allowed by legislation, the applicant can provide their health card issued by a Canadian province or territory as a piece of government-issued identification.
      2. The applicant cannot provide their social insurance number (SIN) card as identification.

2. Electronic identity verification

   1. As a substitute for physical identity verification, a police agency or third-party company is entitled to use Electronic Identity Verification (eIV) solution.
      1. An applicant is required to undergo physical identity verification, listed in section 5.1, Physical identity verification, if they do not successfully complete the eIV.
   2. The eIV solution is named in the agreement between the police agency and third-party company, or in a separate document if the police agency intends to use the eIV on its own.
      1. The named eIV solution is developed by a Canadian credit reporting bureau.
      2. The named eIV solution meets the standards used by major Canadian banks and financial institutions.

3. Retention

   1. The police agency will keep proof of physical or electronic identity verification following all applicable privacy legislation, the police agency's retention and disposal schedule, and section 17, Retention of data.

Informed Consent

1. Responsibilities

   1. The police agency is required to obtain informed consent in writing from the applicant before conducting a name-based criminal record or vulnerable sector check.

      Note: A separate informed consent form is required for name-based vulnerable sector checks. Refer to the schedule of the Criminal Records Act Regulations for the minimum requirements.

   2. The police agency head or delegate thereof must be satisfied that the informed consent requirements have been completed by the applicant and verified by a trusted agent before conducting a name-based criminal record or vulnerable sector check.
   3. The applicant's informed consent forms are verified by the police agency's trusted agent before conducting any CPIC system search and releasing the results of a name-based criminal record or vulnerable sector check.
   4. The police agency is responsible to inform the applicant of how their personal information will be kept, the location where it will be kept (inside or outside of Canada) and the disposal schedule.

2. Forms

   1. Refer to Appendix A, Informed consent forms for the minimum requirements.

3. Retention

   1. Legible copies of the informed consent forms are kept by the police agency following all applicable privacy legislation, the police agency's retention and disposal schedules, and section 17.

Declared criminal record

1. An applicant is entitled to declare their criminal record on a separate form after
   1. their identity has been verified, per section 5, Identify verification; and,

   2. provided their informed consent, per section 6, Informed consent.

      Note: Applicants do not have to declare their criminal record. If they chose not to, they may have to send fingerprints to CCRTIS per section 13, Fingerprints.

2. The declared criminal record is not part of the informed consent forms.
3. The applicant is required to declare all convictions for offences under Canadian federal law.
   1. Declared convictions do not include:
      1. A conviction where the applicant received a record suspension or pardon under the Criminal Records Act, unless it has ceased or been revoked by the Parole Board of Canada;
      2. A conviction where the applicant received a pardon under the Royal Prerogative of Mercy under section 748 of the Criminal Code.

      3. A conviction that was expungement under the Expungement of Historically Unjust Convictions Act.

         Note: For information on record suspensions, pardons, Royal Prerogative of Mercy or the Expungement of Historically Unjust Convictions Act refer to The Parole Board of Canada's website.

      4. A disposition where the applicant was a 'young person' under the Youth Criminal Justice Act, refer to section 8, Young persons;

      5. An Absolute or conditional discharge, following subsection 6.1(1) of the Criminal Records Act;

         Exceptions:

         1. Absolute discharges are declared for one year from the date of sentence.
         2. Conditional discharges are declared for three years from the date of sentence.

      6. A record of conviction for simple possession of a controlled drug or substance, following subsections 10.6(1) and 10.6(2) of the Controlled Drugs and Substances Act;

         Examples:

         1. The applicant received a conviction for simple possession on or before November 17, 2022. Per subsection 10.6(1) of the Controlled Drugs and Substances Act the information is declared until November 16, 2024.
         2. The applicant received a conviction for simple possession on November 18, 2024, with one year of probation. Per subsection 10.6(2) of the Controlled Drugs and Substances Act the information is declared until November 17, 2027.
         3. The applicant received a conviction for simple possession on November 18, 2024, with two years detention in a correctional facility. Per subsection 10.6(2) of the Controlled Drugs and Substances Act the information is declared until November 17, 2028.

      7. An offence where the applicant was not convicted;

         Note: For information on non-conviction information, refer to the RCMP's Managing criminal records web page.

      8. Any provincial or municipal offence, and;

      9. Any charges dealt with outside of Canada.

         Notes:

         1. There can be delays between when a court decides a case and the information is published in the RCMP National Repository of Criminal Records.
         2. Not all offences are reported to the repository. Refer to applicable laws, guidelines, policies and procedures about the release of criminal record information found outside of the RCMP National Repository of Criminal Records.
4. The police agency can issue a confirmation of a declared criminal record response report if the declared criminal record is a match to the criminal record in the CPIC system. Refer to section 12, Confirmation of a declared criminal record.

Young persons

1. This section is intended to provide an overview of the provisions of the Youth Criminal Justice Act relating to criminal record checks.

   1. Agencies are recommended to consult their legal advisors if they are unclear about the provisions of the Act.

      Note: It is unlawful to release criminal record information contrary to federal legislation. Refer to section 129 of the Youth Criminal Justice Act.

2. General

   1. The retention and release of records related to 'young persons' is governed by Part 6 of the Youth Criminal Justice Act.

   2. Under the Youth Criminal Justice Act, criminal record checks for young persons can only be provided to federal, provincial, or municipal governments for employment or volunteer opportunities.

      Notes: Section 118 prohibits the disclosure of youth criminal record information to individuals or organizations unless authorized by the Act.

   3. Records can only be released to persons identified in section 119.
   4. Records can only be released during the access period per subsection 119(2).

   5. The limits on the disclosure of youth records continue after the individual becomes an adult.

      Exceptions:

      1. Under section 117 of the Youth Criminal Justice Act, sections 118 to 129 do not apply to records where a 'young person' has had an adult sentence imposed, meaning the information in the RCMP National Repository of Criminal Records may be released following section 6 of the Criminal Records Act .
      2. A youth record will be treated as an adult record if the person is convicted of an offence after they turn 18, while the access period for their youth offence is still open.

      Note: Refer to the RCMP's Types of certified criminal record checks web page for information on which types of fingerprint-based criminal record checks release youth information.

Criminal Name Index and Criminal Record Synopsis searches

1. Criminal Name Index (CNI) and Criminal Record Synopsis (CRS) searches follow all provisions relating to but not limited to civil screening, including the CPI Centre Policy and User manuals and the Ministerial directive concerning the release of criminal record information by the Royal Canadian Mounted Police.
2. All agents of the police agency conducting name-based criminal record and vulnerable sector checks have successfully completed training in the access, use and disclosure of CPIC system information before conducting name-based criminal record and vulnerable sector checks per CPI Centre policy.
3. The police agency will search all applicant names including but not limited to given names, surnames, surnames at birth, and any names changed due to a legal name change.

Name-based criminal record checks

1. Applicant

   1. The applicant is entitled to request a name-based criminal record check from the police agency of the local area of jurisdiction where they live or through a third-party company.

2. Police agency

   1. The police agency is required to follow all federal, provincial, territorial legislation, guidelines, and procedures for name-based criminal record checks.

      Note: It is unlawful to release criminal record information contrary to federal legislation. Police agencies are recommended to consult their legal advisors if they are uncertain the release of criminal record information is contrary federal legislation.

      1. The police agency is responsible for deciding if any information, including any adverse or non-conviction information, found outside of the RCMP National Repository of Criminal Records will be released per all federal, provincial, territorial legislation, guidelines, and procedures.
      2. The police agency is responsible for getting the approval of the originating police agency before the information is released.
   2. Before conducting the search, the police agency will:
      1. Confirm the applicant's identity per section 5;
      2. Obtain the applicant's informed consent in writing per section 6; and,
      3. Obtain the applicant's declared criminal record (if applicable), per section 7, Declared criminal record.
   3. Following section 9.3, the police agency will:
      1. Search the RCMP National Repository of Criminal Records;
      2. Search the police agency's local police records; and,
      3. Confirm the applicant's declared criminal record (if applicable) per section 7.
   4. The police agency is responsible for ensuring that the third-party company (if applicable) provides only the standard responses.

4. Search results and standard responses

   1. The police agency or third-party company will release the results of the searches by providing standard response messages for name-based criminal record checks directly to the applicant or authorized third party.
   2. Before releasing the results, the police agency head or delegate thereof must be satisfied that the applicant's identity has been verified as outlined in section 5 and that the results of the name-based criminal record check are correct, up to date and complete.
   3. The police agency provides the results of the searches in a form approved by the RCMP that meets the minimum standards per Appendix B, Results of a name-based criminal record or vulnerable sector check report standards.
      1. Youth records can be released to the applicant as long as the release is compliant with the Youth Criminal Justice Act. Refer to section 8.

5. Negative standard response

   1. If the CNI and CRS searches do not find any possible criminal record associated to the applicant or only find non-conviction or youth information, the police agency provides the following response:

      "Based on the names, date of birth, and sex provided by the applicant, we searched the RCMP National Repository of Criminal Records and found no matching records. An absolute confirmation of a criminal record can only be done through fingerprint comparison. There may be delays between a court decision and when that information is available in the RCMP National Repository of Criminal Records. Also, not all offenses are reported to the RCMP National Repository of Criminal Records."

6. Incomplete standard response

   1. If the CNI and CRS searches find any criminal record that may be associated to the applicant or do not match to the criminal record information declared by the applicant, the police agency provides the following response:

      "Based on the names, date of birth, sex and criminal record information declared by the applicant, we were unable to complete a search of the RCMP National Repository of Criminal Records. To confirm whether a criminal record exists, the applicant is obligated to send fingerprints to the RCMP through an authorized police agency or RCMP accredited private fingerprinting company. There may be delays between a court decision and when that information is available in the RCMP National Repository of Criminal Records. Also, not all offenses are reported to the RCMP National Repository of Criminal Records."

   2. For more information about fingerprints refer to section 13, Fingerprints.

7. Confirmation of a declared criminal record standard response

   1. If the CNI and CRS searches find a criminal record that matches exactly to the criminal record information declared by the applicant per section 7, the police agency provides the following response:

      "Based on the names, date of birth, sex and criminal record information declared by the applicant, we found a possible match to a criminal record in the RCMP National Repository of Criminal Records. An absolute confirmation of a criminal record can only be done through fingerprint comparison. Therefore, the criminal record information given is not considered a certified criminal record check product. There may be delays between a court decision and when that information is available in the RCMP National Repository of Criminal Records. Also, not all offenses are reported to the RCMP National Repository of Criminal Records."

      Note: Refer to section 12, Confirmation of declared criminal record.

Name-based vulnerable sector checks

1. Applicant

   1. An applicant is obligated to request a vulnerable sector check from the police agency of the local area of jurisdiction where they live.

2. Police agency

   1. A police agency is prohibited from conducting vulnerable sector checks for applicants not living within the police agency's local area of jurisdiction.
   2. The police agency is required to follow all federal, provincial, territorial legislation, guidelines, or procedures for name-based vulnerable sector checks.

      1. The police agency decides if the request meets the criteria for a vulnerable sector check following subsection 6.3(3) of the Criminal Records Act.

         Notes:

         1. To meet the legal requirements for a vulnerable sector check, the nature of the position - not the person - must cause the person to have authority over, or trust of, children or vulnerable persons. Public Safety Canada's The Screening Handbook, 2012 Edition provides organizations with guidance on what level of criminal record screening they require and how to determine their screening requirements.
         2. It is unlawful to release criminal record information contrary to federal legislation. Additionally, it is an offence to conduct a vulnerable sector verification if the position does not meet the requirements of the Criminal Records Act. Police agencies are recommended to consult their legal advisors if they are uncertain the release of criminal record information is contrary to federal legislation.
         3. Provincial or territorial legislation that mandates a vulnerable sector check for specific positions does not override the requirements in the Criminal Records Act.
      2. The police agency is responsible for deciding if any information, including any adverse or non-conviction information, found outside of the RCMP National Repository of Criminal Records will be released per all federal, provincial, territorial legislation, guidelines, and procedures.
      3. The police agency is responsible for getting the approval of the originating police agency before the information is released.
   3. Before conducting the searches, the police agency will:
      1. Confirm the identity of the applicant per section 5.
      2. Verify that the position is one of trust or authority towards a child or vulnerable person per section 6.3 of the Criminal Records Act.
      3. Obtain the applicant's informed consent in writing per section 6.
      4. In addition to the applicant's informed consent, the police agency is required to obtain a signed consent per paragraphs 6.2(3) (a-b) of the Criminal Records Act and subsection 2(1), Consent for Verification of the Criminal Records Regulations.
      5. Obtain the applicant's declared criminal record (if applicable), per section 7.
   4. Following section 9.3, the police agency will:
      1. Search the RCMP National Repository of Criminal Records including pardoned criminal files associated with sexually-based criminal offences;
      2. Search CPIC Intelligence and Investigative data banks;
      3. Search local police records where the applicant has lived for the past five years, and;
      4. Confirm the applicant's declared criminal record (if applicable) per section 7.

3. Third-Party company

   1. A third-party company is prohibited from conducting vulnerable sector checks.

      Exception: A third-party company can provide a virtual front counter to automate the collection and transmission of personal information for a vulnerable sector check following section 15, Virtual front counter.

4. Results of the searches

   1. The police agency will release the results of the searches by providing standard response messages for name-based vulnerable sector checks directly to the applicant or authorized third party.

      Note: Vulnerable sector check results cannot be provided to organizations or entities outside of Canada.

   2. Before releasing the results:
      1. The police agency head or delegate thereof must be satisfied that the applicant's identity has been verified as outlined in section 5 and that the results of the vulnerable sector check are correct, up to date and complete.
      2. If criminal convictions, adverse or non-conviction information is released, the police agency must obtain the applicant's consent per subsection 3(1), Consent for Disclosure of the Criminal Records Regulations.
   3. The police agency provides the results of the searches in a form approved by the RCMP that meets the minimum standards per Appendix B.

5. Negative standard response

   1. If the CNI and CRS searches does not find any possible criminal record associated to the applicant and the filtering criteria have not been met for Flagged Suspended Sex Offender Records, the police agency provides:

      "Based on the names, date of birth, and sex provided by the applicant, we searched the RCMP National Repository of Criminal Records, including pardoned sex offender records, and found no matching records. An absolute confirmation of a criminal record can only be done through fingerprint comparison. There may be delays between a court decision and when that information is available in the RCMP National Repository of Criminal Records. Also, not all adult offenses are reported to the RCMP National Repository of Criminal Records.

6. Incomplete standard response

   1. If the CNI and CRS searches find a criminal record that may be associated to the applicant or does not match to the criminal record information declared by the applicant or the filtering criteria have been met for Flagged Suspended Sex Offender Records per section 13.1, the police agency provides the following response:

      "Based on the names, date of birth, sex and criminal record information declared by the applicant, we were unable to complete a search of the RCMP National Repository of Criminal Records, including pardoned sex offender records. To confirm whether a criminal record exists, the applicant is obligated to send fingerprints to the RCMP through an authorized police service or RCMP accredited private fingerprinting company. There may be delays between a court decision and when that information is available in the RCMP National Repository of Criminal Records. Also, not all adult offenses are reported to the RCMP National Repository of Criminal Records."

   2. For more information about fingerprints refer to section 13.

7. Confirmation of a declared criminal record standard response

   1. If the CNI and CRS searches find a criminal record that matches exactly to the criminal record information declared by the applicant per section 7 and the filtering criteria have not been met for Flagged Suspended Sex Offender Records, the police agency provides the following response:

      "Based on the names, date of birth sex and criminal record information provided by the applicant, we found a possible match to a criminal record in the RCMP National Repository of Criminal Records, but not to a pardoned sex offender record. An absolute confirmation of a criminal record can only be done through fingerprint comparison. Therefore, the criminal record information given is not considered a certified criminal record check product. There may be delays between a court decision and when that information is available in the RCMP National Repository of Criminal Records. Also, not all adult offenses are reported to the RCMP National Repository of Criminal Records."

      Note: Refer to section 12.

Confirmation of declared criminal record

1. A police agency can release criminal record information from the RCMP National Repository of Criminal Records without a fingerprint submission for a name-based criminal record or vulnerable sector check, if:
   1. The police agency confirmed the identity of the applicant per section 5;
   2. The police agency obtained informed consent from the applicant per section 6;
   3. The police agency confirmed the applicant's declared criminal record, and it is an exact match to a criminal record held in the RCMP National Repository of Criminal Records; and,
   4. The filtering criteria has not been met for Flagged Suspended Sex Offender Records.

2. Records of conviction and findings of guilt

   1. A police agency can release information found in the CPIC search result category CRIMINAL CONVICTIONS CONDITIONAL AND ABSOLUTE DISCHARGES AND RELATED INFORMATION.

      1. Absolute discharges are releasable for one year from the date of sentence and only released from the RCMP National Repository of Criminal Records if convictions are also released.

         Exception: Certified criminal record check and vulnerable sector products may release absolute discharges even if there are no releasable convictions. Refer to Types of certified criminal record checks for more information.

      2. Conditional discharges are releasable for three years from the date of sentence and only released from the RCMP National Repository of Criminal Records if convictions are also released.

         Exception: Certified criminal record check and vulnerable sector products may release conditional discharges even if there are no releasable convictions. Refer to Types of certified criminal record checks for more information.

      3. Records of conviction for simple possession of a controlled drug or substance are releasable for two years after the end of the sentence, per subsections 10.6(1) and 10.6(2) of the Controlled Drugs and Substances Act.

         Examples:

         1. The applicant received a conviction for simple possession before November 17, 2022. Per subsection 10.6(1) of the Controlled Drugs and Substances Act the information cannot be released after November 16, 2024.
         2. The applicant received a conviction for simple possession on November 18, 2024, with one year of probation. Per subsection 10.6(2) of the Controlled Drugs and Substances Act the information cannot be released after November 17, 2027.
         3. The applicant received a conviction for simple possession on November 18, 2024, with two years detention in a correctional facility. Per subsection 10.6(2) of the Controlled Drugs and Substances Act the information cannot be released after November 17, 2028.

         Note: Police agencies are recommended to consult their legal advisors if they are unclear on the provisions of the Controlled Drugs and Substances Act. In the spirit of the legislation the Canadian Criminal Real Time Identification Services is keeping separate and apart simple possession convictions under the Narcotic Control Act, and Cannabis Act. As well as simple possession non-conviction information under all three Acts.

         Exception: Certified criminal record check for personal use products may release records of conviction for simple possession of a controlled drug or substance. Refer to Types of certified criminal record checks for more information.

3. Non-conviction information

   1. A police agency is prohibited from releasing the non-conviction information found in the CPIC search result category SUMMARY OF POLICE INFORMATION.

      Note: Refer to all applicable laws, policies, and guidelines about the release of non-conviction information found outside the RCMP National Repository of Criminal Records.

      Exception: Certified criminal record and vulnerable sector check products may release non-conviction information under limited circumstances. Refer to Types of certified criminal record checks for more information.

4. Youth records

   1. Before releasing youth criminal records refer to section 8.

5. Name-based criminal record or vulnerable sector check report

   1. The applicant is entitled to receive the report directly from the police agency. The police agency is prohibited from releasing the report to a third party without the applicant's prior informed consent.
   2. The report used to release the results of the CNI and CRS searches or criminal record information from the RCMP National Repository of Criminal Records follows Appendix B.

6. Retention

   1. A copy of the report containing the criminal record information released by the police agency is from the RCMP National Repository of Criminal Records is kept per section 17.

Fingerprints

1. Fingerprints are required when there is a possible criminal record associated to the applicant, the applicant's declared criminal record does not match the search results, or the police agency receives the CPIC system output message that the filtering criteria have been met for Flagged Suspended Sex Offender Records (VS: Y).

   Note: No information relating to the CPIC output message may be shown or discussed with the applicant as it is a search for protected files under the authority of the Criminal Records Act.

2. A police agency may choose to send the applicant's fingerprints to CCRTIS (Canadian Criminal Real Time Identification Services) or refer the applicant to an RCMP accredited private fingerprinting company to send the fingerprints to CCRTIS.

   1. If the police agency sends a name-based vulnerable sector check applicant to an RCMP accredited private fingerprinting company, a letter of instruction issued by the police agency is needed.

      Note: An RCMP accredited private fingerprinting company is prohibited from sending a fingerprint-based vulnerable sector check without a letter of instruction from the requesting police agency.

   2. The certified criminal record check product will be returned to the address provided on the fingerprint submission.

   3. The certified vulnerable sector check product will be returned to the requesting police agency.

      Notes:

      1. CCRTIS is not authorized to return the certified vulnerable sector check product to the applicant or any other party, including the RCMP accredited private fingerprinting company.
      2. Refer to the RCMP's Types of certified criminal record checks and vulnerable sector checks web pages to find what information is released on a certified criminal record and vulnerable sector check product.
      3. The police agency will complete the vulnerable sector check and provide the results to the applicant.

Agreement between a police agency and third-party companies

1. Police agency

   1. A police agency is entitled to enter into an agreement with a third-party company to collect personal information for the purpose of conducting name-based criminal record checks.
   2. The police agency is responsible for ensuring that the third-party company follows all sections of this policy and completes the accreditation standards per CPI Centre policy.

   3. The police agency is required to follow the accreditation standards per CPI Centre policy.

      1. The police agency must send the details of the agreement to the CPI Centre for system integrity purposes.
      2. The third-party company ORI access may be withdrawn at the discretion of the Director General of the CPI Centre.
      3. police agencies can contact divisional CPIC Field Operations for more information.

   4. A third-party company is prohibited from conducting vulnerable sector checks.

      Exception: A third-party company may provide a virtual front counter service to a police agency to automate the collection and one-way transmission of personal information to conduct vulnerable sector checks. The third-party company is prohibited from receiving the results of the vulnerable sector check.

      Note: Enhanced criminal record checks are not vulnerable sector checks and do not include a search of pardoned sexually-based offenses.

Virtual front counters

1. Police agency

   1. A police agency can enter into an agreement with a third-party company to deploy a virtual front counter to automate the collection of personal information to conduct name-based criminal record or vulnerable sector checks.
   2. The police agency is responsible for ensuring the applicants' personal information is properly handled by the virtual front counter.
   3. The police agency is responsible for the secure electronic transmission of data between the virtual front counter and the police agency.

2. Virtual front counter

   1. The virtual front counter is prohibited from automating name-based vulnerable sector checks for applicants outside of the police agency's local area of jurisdiction.
   2. The virtual front counter must obtain the applicant's informed consent before collecting their personal information.
   3. The virtual front counter is prohibited from connecting the third-party company to the RCMP's National Police Service Network.
   4. The virtual front counter only provides a one-way secure transmission of personal information from the virtual front counter to the police agency.

3. General

   1. The virtual front counter is prohibited from receiving the results of a name-based criminal record or vulnerable sector check.

      Exception: The virtual front counter is entitled to receive the status of the application, such as received, in process or completed.

   2. The third-party company is prohibited from receiving the results of name-based criminal record or vulnerable sector checks, unless authorized by the applicant.

      Exception: The third-party company is entitled to receive the status of the application, such as received, in process or completed.

Online criminal record checks

1. The police agency is responsible for securing the electronic transmission of data involved in online name-based criminal records and vulnerable sector checks.
   1. The method for securing the electronic transmission of data is clearly identified in the agreement between the police agency and the third-party company, per CPI Centre policy.

2. The agreement between the police agency and the third-party company clearly states how the online name-based criminal record and vulnerable sector check process account for the identity verification and informed consent requirements.

   Note: Online vulnerable sector checks are only available to applicants living in the police agency's local area of jurisdiction.

   1. Online name-based criminal record or vulnerable sector check processes must include all identity verification requirements per section 5.
   2. Online name-based criminal record or vulnerable sector checks that use eIV must ensure the process is clearly identified in the agreement between the police agency and the third-party company.
   3. Online name-based criminal record and vulnerable sector check processes must include all informed consent requirements per section 6.
   4. The police agency head or delegate thereof is responsible for ensuring that the online name-based criminal record and vulnerable sector check processes verify the identity of the applicant and obtain their informed consent.

   Note: Other forms of identity verification and informed consent may be used to supplement the requirements but are not considered substitutes for the minimum requirements as indicated in section 5 and section 6.

3. For quality assurance review purposes the police agency is obligated to keep a copy of the transaction activities per section 17.

Retention of data

1. The police agency is responsible for ensuring that the applicant is informed of the data retention requirements, per section 8.

   Note: All personal information and data are stored in Canada.

2. For the purpose of quality assurance review, the police agency and third-party company are required to keep for a minimum of two years:
   1. proof of identity verification;
   2. informed consent forms;
   3. if applicable, a copy of the Confirmation of declared criminal record; and,
   4. response messages for name-based criminal record and vulnerable sector checks.
3. The police agency is required to keep a copy of all agreements with third-party companies and documents that show the accreditation of the third-party company meets the CPI Centre standards per CPI Centre policy;
4. The police agency and third party- company are responsible for securely storing the documents or records to avoid improper or unauthorized access to, creation, collection, use, disclosure, retention or disposal of the applicant's personal information.
5. The CPI Centre is entitled to receive, upon request, all information kept per sections 17.2 and 17.3 by the police agency within 48 hours.