RCMP ask employers to know when and when NOT to ask for a Vulnerable Sector Check

October 19, 2020
Prince, Queens and Kings Counties, Prince Edward Island

News release

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Record checks for employees has become an increasingly popular requirement and RCMP are asking that employers review their policies to ensure that Vulnerable Sector (VS) checks are only required when necessary. Unfortunately, many managers and employers don't fully understand the purpose of a VS check and the strict guidelines which govern the right to ask for one and our ability to provide them.

VS checks are the most intrusive of criminal history checks because they grant access to information which is protected by the Privacy Act, Access to Information Act and the Identification of Criminals Act. With so many pieces of legislation involved, policies surrounding their use are very strict and specific. Employers do not have the right to request a VS check if the position does not meet the requirements. Furthermore, police agencies would actually be breaking the law and can be held criminally or civilly liable if they complete one when it isn't required.

Staff Sergeant Shane Hubley, District Commander of the Queens District RCMP in P.E.I. provides some context, "I often use the analogy of getting gas and being asked by the clerk if you would like a car wash. If the different levels of car washes were all free, everyone would take the ultimate wash whether they needed it or not. All too often, this is how employers think. They tell everyone to get a VS check because they think it is the "best" and will offer the most protection. The reality is, the specific duties of a position dictate whether a VS check is required. It is illegal to complete one if those duties do not meet the criteria."

The duties of a position MUST clearly illustrate how a person will have care and authority over a person in the vulnerable sector category. This isn't random, chance care and authority but an actual duty of the position. It is further complicated by the fact that just because a person is a child or elderly, doesn't mean they are vulnerable. For instance, a teacher position qualifies because that individual has daily care and authority over members of the vulnerable sector in numerous different settings. It is one of the duties of the position. However, an IT Specialist working in the school whose duties are to install and maintain computer systems does not qualify because that duty does not place them in care and authority. Yes, they may come into contact with students and may have some authority because of age, etc., but that incidental contact does not constitute the need for a VS. That incidental contact does not supercede the individual's right to have their personal information protected. Random, chance contact with a vulnerable person does not meet the criteria to request or conduct a VS check.

The letter required by police to complete a VS check must clearly explain how a position's duties meet the criteria for a VS check. This determines if an employer can request one and if police can legally complete one. Each letter is specific to the position and is used for that one application only. It can't be a generic form letter or be used for different positions.

In an nutshell, police require a letter that clearly explains the particular positions duties to ensure that it meets the criteria for a VS check, otherwise it will be declined. If in doubt, contact your local police of jurisdiction for clarification. Please remember that a criminal background check is available even if the position duties do not qualify for a vulnerable sector check.

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Contact information

S/Sgt. Shane Hubley
District Commander, Queens District RCMP
902-368-9300

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