Vulnerable Sector Checks in Canada: When You Actually Need One (and When a Level 2 Check Is the Right Call)

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The short version

The Vulnerable Sector Check (VSC) is widely misunderstood in Canada. Many organizations request one out of habit, often for roles that do not legally qualify. The result is slower hiring, frustrated candidates, fingerprint trips to local police, and very little additional safety information versus a properly run Level 2 check.

For most positions, a Level 2 check (called a Criminal Record and Judicial Matters Check in Ontario, also referred to as an Enhanced Criminal Record Check) gives you what you actually need. This article walks through the law, what each check discloses, and how to decide which one fits your role.

The three types of police record checks in Canada

Police record checks across Canada generally fall into three tiers. Ontario formalized this structure under the Police Record Checks Reform Act, 2015, which came into force on November 1, 2018, and most provinces follow the same logic.

Level	Common name	Who can run it	Typical use
Level 1	Criminal Record Check (CRC)	RCMP, local police, accredited third-party providers	General employment
Level 2	Criminal Record and Judicial Matters Check (CRJMC) / Enhanced	RCMP, local police, accredited third-party providers	Roles with elevated trust requirements, contact with children or vulnerable persons that does not meet the legal threshold for a VSC
Level 3	Vulnerable Sector Check (VSC)	Local police only (or the British Columbia Criminal Records Review Program)	Positions of trust or authority over children or vulnerable persons, where the role legally qualifies

The first two levels can be completed digitally by accredited third-party providers, often in minutes. The Vulnerable Sector Check cannot. Per the Royal Canadian Mounted Police, a VSC must be conducted by the local Canadian police service where the applicant lives, or by the British Columbia Criminal Records Review Program.

The three types of police record checks in Canada

A VSC is, in effect, a Level 2 check plus two extra layers:

A search of the pardoned sex offender database (records of sexual offences for which a pardon or record suspension has been granted).
A potential disclosure of non-conviction information from local police records, where it meets the test for exceptional disclosure.

The Vulnerable Sector Check mechanism is governed by section 6.3(3) of the Criminal Records Act, and the underlying sexual offences captured are listed in Schedule 1 of the Act.

Why the value of a VSC has shrunk significantly since 2012

On March 13, 2012, the Parole Board of Canada began applying amendments to the Criminal Records Act introduced by the Safe Streets and Communities Act (Bill C-10). The most relevant change for employers: a person convicted of a Schedule 1 sexual offence is generally ineligible to receive a record suspension at all.

There is a narrow exception in section 4(3) of the Act. To qualify, the applicant must satisfy the Parole Board that all of the following are true:

The applicant was not in a position of trust or authority over the victim, and the victim was not in a relationship of dependency.
The applicant did not use, threaten, or attempt to use violence, intimidation, or coercion.
The applicant was less than five years older than the victim.

Read those conditions back through the lens of a position of trust. If the offence was committed by someone who was in a position of trust, or who used violence or coercion, or where there was a meaningful age gap with the victim, that person cannot receive a record suspension in the first place. Their record stays visible on a Level 1 or Level 2 check. The VSC adds nothing.

By design, the only sexual offence convictions that get sequestered (and therefore only surface through a VSC) are the ones the Parole Board has already determined did not involve trust, authority, violence, intimidation, or a significant age gap. The relevance to a hiring decision for a position of trust is, in most cases, low.

The other limitations of a Vulnerable Sector Check

Beyond the legal framework, there are practical reasons employers should not default to VSCs.

1. There is no federal law requiring a VSC

This surprises a lot of HR teams. The RCMP states clearly: there is no federal legislation that requires any organization to conduct vulnerable sector checks. Specific provincial regulations and sector legislation may impose requirements (for example, certain regulated child-care, school, and licensing contexts), but the default assumption that “we work with kids, so we need a VSC” is not the law.

2. Asking for one without legal grounds is itself an offence

Per the RCMP, it is an offence to conduct a vulnerable sector check if the position does not meet the requirements of the Criminal Records Act. The RCMP also makes an important distinction: being in a position of trust or authority is more than simply having contact with children or vulnerable persons. The nature of the position must create the trust or authority relationship.

If your role is “warehouse picker who occasionally walks past the daycare next door,” that does not qualify. The local police service can, and will, deny the VSC.

3. VSCs cannot be run digitally by third parties

Where a Level 1 or Level 2 check can be processed in minutes by accredited third-party providers using the Canadian Police Information Centre (CPIC) data bank, a VSC must go through the local police service where the applicant lives. If your candidate lives in Toronto, they go to Toronto Police Service. If they live in Calgary, Calgary Police Service. In British Columbia, the BC Criminal Records Review Program.

That fragmentation is real. There are over 2,500 police jurisdictions in Canada, each with its own intake process, fees, and turnaround times.

4. Fingerprints are often required

Whenever an applicant’s name, gender, and date of birth combine to a possible match in the pardoned sex offender database, the RCMP requires fingerprint verification. This is not an accusation. It is procedural. But the Toronto Police Service notes that processing in this scenario can extend significantly, and fingerprinting is mandated by the RCMP for every new VSC application where this match flag occurs.

5. Per-position requirement

The RCMP states that VSCs are required for individual positions. If a candidate applies to multiple positions that require a VSC, separate fingerprint submissions may be needed for each. There is no portable, multi-use VSC.

6. VSCs are Canada-only

Results are made available only to organizations located in Canada. They also do not capture sex-related offences from outside Canada, and they do not check international or provincial sex offender registries. If your hire spent meaningful time abroad, the VSC tells you very little about that period.

What a Level 2 check covers (and why it covers what most employers actually need)

A Level 2 check, formally a Criminal Record and Judicial Matters Check under the Police Record Checks Reform Act, 2015 in Ontario, discloses:

Every criminal offence conviction for which a record suspension has not been granted.
Every finding of guilt under the federal Youth Criminal Justice Act, within the applicable disclosure period.
Every criminal offence for which there is an outstanding charge or warrant to arrest.
Court orders made against the individual.
Absolute and conditional discharges, within the disclosure windows set by the federal Criminal Records Act (one year and three years respectively).

For the great majority of roles where an employer is making a thoughtful, reasonable hiring decision, a Level 2 check delivers the substantive criminal-history information needed. It also runs through accredited third-party providers in minutes, with full digital workflow and consent management compliant with provincial legislation.

Read this table together with the legal context above. The “post-2012 limits” note on the pardoned database row reflects the section 4(3) exception criteria of the Criminal Records Act, which restrict who can receive a record suspension for a Schedule 1 offence in the first place.

Criterion	Level 2 (CRJMC / Enhanced)	Vulnerable Sector Check
Operational and practical factors
Available through accredited third-party providers	✓ Yes	✗ Local police only (or BC CRRP)
Typical turnaround	Often 15 minutes to a few hours	Days to several weeks, materially longer with fingerprints
Candidate experience	Fully digital and mobile-friendly, no police service visit required	Online application available in many jurisdictions; in-person attendance at the local police service is still commonly required for fingerprinting
Hiring at volume across multiple provinces	Single national workflow via CPIC, PIP and niche databases	Each candidate routed to the police service where they reside, fragmented by jurisdiction
Fingerprints	Rarely required, only on identity match	Frequently required when name, gender and date of birth match the pardoned database
Portability across roles	Reusable within reason	Per-position requirement under the Criminal Records Act
Two-stage consent (PRCRA, Ontario)	Automated in the digital workflow	Handled manually at police service intake
Use outside Canada	Results can be shared with overseas parent or partner organizations, subject to consent	Results released only to organizations located in Canada
Core criminal record information (both checks cover this equivalently)
Criminal convictions where no record suspension has been granted	✓ Included	✓ Included
Findings of guilt under the Youth Criminal Justice Act, within disclosure windows	✓ Included	✓ Included
Outstanding charges and warrants to arrest	✓ Included	✓ Included
Absolute discharges (within one-year window) and conditional discharges (within three-year window)	✓ Included	✓ Included
Court orders against the individual	✓ Included	✓ Included
Where the Vulnerable Sector Check goes further (with important caveats)
Pardoned sex offender database (Schedule 1)	✗ Not included	Included, but post-2012 amendments to the Criminal Records Act mean only narrow exception-criteria records qualify for sequestration in the first place
Findings of “not criminally responsible on account of mental disorder” for certain offences, within disclosure windows	✗ Not included	✓ Included
Non-conviction information from local police records	✗ Not included	Possible, but only when the exceptional disclosure test under the PRCRA is met, which is rare in practice
Where neither check provides coverage
Sex-related offences committed outside Canada	✗ Not included	✗ Not included
Provincial or international sex offender registries	✗ Not included	✗ Not included

When a Vulnerable Sector Check is genuinely the right call

VSCs exist for a reason. There are roles where they are appropriate, and in some cases legally required. A reasonable test is:

The role places the person in a position of trust or authority over children or vulnerable persons. Per the RCMP, this is more than simply having contact.
The role is governed by provincial legislation, regulation, sector rules, or licensing requirements that mandate a VSC (some teaching, child welfare, foster care, residential care, and adoption contexts are examples).
The local police service confirms the position qualifies. They have the final say.

If those conditions are met, run the VSC. If they are not, requesting one slows hiring, exposes your organization to a misapplication offence, and adds little safety value.

Credibled offers seamless integration, fraud detection, and real-time processing, helping employers make informed hiring decisions.

The smarter screening combination for most Canadian employers

For positions where a VSC is not legally required, a stronger and faster screening package usually looks like this:

Level 2 (Criminal Record and Judicial Matters) Check for criminal history depth.
Identity verification, included up front (Credibled bundles ID verification into every Canadian criminal record check).
Reference checks, ideally automated and digital, for behavioural insight from prior employers.
Social media screening, where appropriate and compliant, for risk indicators a criminal record check cannot surface.
Education and credential verification, where the role requires it.

That stack is faster, more cost-effective, more comprehensive on actual job-related risk, and avoids the misapplication problem the VSC creates.

How Credibled fits in

Credibled is a 100% Canadian-owned background check platform built in Toronto. Our Level 1 and Level 2 Canadian Criminal Record Checks include ID verification in the price, return results in roughly 15 minutes for most candidates, and run through compliant CPIC-based infrastructure. We pair them with automated reference checks, social media screening, education verification, and credential verification on a single platform. If you want to talk through your screening policy and where a VSC actually fits, our team is happy to help you map it out.

Official sources

This article is provided for informational purposes. It is not legal advice. Where your organization is subject to specific provincial, territorial, or sector legislation, consult qualified legal counsel before finalizing your screening policy.