COLLECTION OF PERSONAL INFORMATION

Definitions 1. (1) In this Regulation, “offence declaration” means, in respect of a board, a written declaration signed by an individual, listing all of the individual’s convictions for offences under the Criminal Code (Canada) up to the date of the declaration, (a) that are not included in a police record check collected by the Ontario College of Teachers after December 31, 1998 or in the last police record check collected by the board under this Regulation, and (b) for which a pardon under section 4.1 of the Criminal Records Act (Canada) has not been issued or granted; (“déclaration d’infraction”) “police record check” means a police record check within the meaning of the Police Record Checks Reform Act, 2015; (“vérification de dossier de police”) “service provider” means an individual who comes into direct contact with pupils on a regular basis, (a) at a school site of a board in the normal course of, (i) providing goods or services under contract with the board, (ii) carrying out his or her employment functions as an employee of a person who provides goods or services under contract with the board, or (iii) providing services to a person who provides goods or services under contract with the board, or (b) at a school under the jurisdiction of the Minister in the normal course of, (i) providing goods or services under contract with the Minister, (ii) carrying out his or her employment functions as an employee of a person who provides goods or services under contract with the Minister, or (iii) providing services to a person who provides goods or services under contract with the Minister. (“fournisseur de services”) O. Reg. 521/01, s. 1, O. Reg. 298/25, s. 1 (1-3). (2) An individual who would be a service provider under this Regulation only by reason of being a school bus driver, a driving instructor or both is not a service provider for the purposes of this Regulation while he or she satisfies the requirements set out by the Ministry of Transportation applicable to school bus drivers or driving instructors, as the case may be. O. Reg. 49/03, s. 1. Personal information to be collected by the board 2. (1) For the purposes of ensuring the safety of pupils, every board shall collect a police record check in respect of every individual who is, or will be, (a) an employee of the board; (b) a service provider at a school site of the board; (c) a volunteer with the board; or (d) a student on an educational placement with the board. O. Reg. 298/25, s. 2. (2) The type of police record check that shall be collected in respect of an individual described in subsection (1) is, (a) a vulnerable sector check, if the individual is or will be in a position of trust or authority in relation to pupils; and (b) a criminal record and judicial matters check, if the individual is not or will not be in a position of trust or authority in relation to pupils. O. Reg. 298/25, s. 2. (3) A police record check required under subsection (1) shall be collected at the following times: 1. For an individual who, on December 5, 2025, is an employee, service provider or volunteer described in subsection (1), i. if the individual has not previously had a police record check collected, no later than February 1, 2026, ii. if the individual’s most recent police record check was collected on or before September 1, 2021, no later than the date set out in Column 2 of Table 1 to this section opposite the individual’s birth month set out in Column 1, or iii. if the individual’s most recent police record check was collected after September 1, 2021, no later than the date set out in Column 2 of Table 2 to this section opposite the individual’s birth month set out in Column 1. 2. For any other individual described in subsection (1), a police record check shall be collected no later than the day the individual commences employment with the board, becomes a service provider at a school site of the board or commences volunteer work or an educational placement with the board, as applicable. 3. Subsequently, for as long as an individual continues to be an employee, service provider or volunteer described in subsection (1), a police record check shall be collected no later than the date set out in Column 2 of Table 2 to this section opposite the individual’s birth month set out in Column 1. 4. In addition to the police record checks required under paragraphs 1 to 3, if an individual described in subsection (1) is charged with, or convicted of, an offence under the Criminal Code (Canada), a police record check shall be collected as soon as reasonably possible after the charge or conviction. TABLE 1 POLICE RECORD CHECKS FOR THOSE WITH A PREVIOUS RECORD CHECK ON OR BEFORE SEPTEMBER 1, 2021 Item Column 1 Birth month Column 2 Date by which a new police record check must be collected 1. January to March Last day of birth month in the year 2027 2. April to June Last day of birth month in the year 2026 3. July and August June 30, 2026 4. September to December Last day of birth month in the year 2026 TABLE 2 POLICE RECORD CHECKS FOR THOSE WITH A PREVIOUS RECORD CHECK AFTER SEPTEMBER 1, 2021 AND SUBSEQUENT RECORD CHECKS Item Column 1 Birth month Column 2 Date by which a new police record check must be collected 1. January to June Last day of birth month in the year that is five years after the year in which the most recent police check was collected 2. July and August June 30 in the year that is five years after the year in which the most recent police check was collected 3. September to December Last day of birth month in the year that is five years after the year in which the most recent police check was collected O. Reg. 298/25, s. 2. (4) Despite subparagraph 1 iii of subsection (3), if an individual’s birth month is January, February or March and their most recent police record check was collected after September 1, 2021 but before January 1, 2022, the board shall collect a police record check in respect of the individual no later than the last day of birth month in the year 2027. O. Reg. 298/25, s. 2. (5) A police record check is not valid for the purposes of paragraph 1, 2 or 3 of subsection (3) unless it was performed within six months before the applicable day mentioned in that paragraph. O. Reg. 298/25, s. 2. (6) Despite paragraphs 1, 2 and 4 of subsection (3), a board may permit an individual in respect of whom a police record check has not been collected to commence or continue employment with the board, become or continue as a service provider at a school site of the board or commence or continue volunteer work or an educational placement with the board, as applicable, if, (a) the board requires the individual to apply to obtain a police record check as soon as reasonably possible; (b) the length of time required to obtain a police record check justifies it; and (c) if applicable, the board puts additional measures in place to protect pupils who interact with the individual until the police record check is collected. O. Reg. 298/25, s. 2. (7) In every year in which an individual continues to be an employee, service provider, volunteer or student described in subsection (1) that is not a year in which a board collects a police record check in respect of the individual, the board shall collect an offence declaration in respect of the individual by September 1. O. Reg. 298/25, s. 2. (8) Despite any requirement in this section that a board collect a vulnerable sector check, if any statute of Ontario or Canada prohibits the disclosure of information contained in a vulnerable sector check in respect of a person, the requirement may be met by collecting another type of police record check within the meaning of the Police Record Checks Reform Act, 2015. O. Reg. 298/25, s. 2. Personal information to be collected by Minister 3. For the purposes of subsection 315 (1) of the Act, to ensure the safety of pupils the Minister may collect a police record check of an individual who is, (a) an employee of the Ministry who works at a school under the jurisdiction of the Minister; (b) a service provider at a school under the jurisdiction of the Minister; (c) a volunteer at a school under the jurisdiction of the Minister; (d) a student on an educational placement at a school under the jurisdiction of the Minister; or (e) a teacher, principal, vice-principal or system principal who works at a school under the jurisdiction of the Minister. O. Reg. 521/01, s. 3, O. Reg. 298/25, s. 3 (1, 2). (2) The type of police record check that may be collected in respect of an individual described in subsection (1) is, (a) a vulnerable sector check, if the individual is or will be in a position of trust or authority in relation to pupils; and (b) a criminal record and judicial matters check, if the individual is not or will not be in a position of trust or authority in relation to pupils. O. Reg. 298/25, s. 3 (3). 4. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 521/01, s. 4.