Understanding the Different Levels of Criminal Checks in Canada
When conducting criminal checks in Canada, it's important to understand the various levels of scrutiny that can be applied depending on the nature of the role or the context in which the check is required. Below is an explanation of the three main types of criminal checks available in Canada:
Different Levels of Criminal Checks
Types of Record Checks
| Type of Information | Level 1 – CRC | Level 2 – CRJMC | Level 3 – VSC |
|---|---|---|---|
| Every criminal offence of which the individual has been convicted for which a pardon has not been issued or granted. | |||
| Every finding of guilt under the Youth Criminal Justice Act – Canada, in respect of the individual during the applicable period of access under that Act. | |||
| Every criminal offence of which the individual has been found guilty and received an absolute discharge. | |||
| Every criminal offence of which the individual has been found guilty and received a conditional discharge on conditions set out in a probation order. | |||
| Every criminal offence for which there is an outstanding charge or warrant to arrest in respect of the individual. | |||
| Every court order made against the individual. | |||
| Every criminal offence with which the individual has been charged that resulted in a finding of not criminally responsible on account of mental disorder. | |||
| Any non-conviction information authorized for exceptional disclosure in accordance with section 10. | |||
| All record suspensions as authorized for release by the minister if public safety Ex. Vulnerable Sector Fingerprinting |
Level 1 - Criminal Record Check (CRC)
The Level 1 Criminal Record Check (CRC), also known as a CRC, is the most basic and commonly used background check in Canada. This check is intended for people who are involved as volunteers, employees, or in any other situation where a basic check is requested. It involves searching the Royal Canadian Mounted Police (RCMP) database for any convictions that an individual may have.
This check will show:
- Convictions: Every criminal offense of which the individual has been convicted for which a pardon has not been issued or granted.
- Summary Convictions: Every summary conviction if the request is made within five years after the date of the summary conviction.
- Youth Criminal Justice Act Findings: Every finding of guilt under the Youth Criminal Justice Act (Canada) during the applicable period of access under that Act.
However, this check will NOT show:
-
- Outstanding Entries: Such as charges and warrants.
- Absolute and Conditional Discharges.
- Current Judicial Orders: Including Peace Bonds, Probation, and Prohibition orders under the Criminal Code of Canada.
- Convictions with Record Suspension: Convictions where a record suspension has been granted.
- Provincial Statute Convictions.
- Local Police Contact.
- Ministry of Transportation Information: Specifically, PARIS.
- Special Interest Police (SIP) Category of CPIC.
- Family Court Restraining Orders.
- Foreign Information.
- Vulnerable Sector (VS) Query: Of sex offenders who have had their records suspended to ascertain if the applicant has been convicted of and granted a record suspension for any of the sexual offenses listed in the schedule to the Criminal Records Act (CRA).
- Mental Health Contact: Any reference to incidents involving mental health contact.
- Diversions.
- YCJA Information Beyond Disclosure Period: Youth Criminal Justice Act (YCJA) information beyond the applicable disclosure period.
- Contagious Diseases Reference.
- Dispositions: Including, but not limited to, Withdrawn, Dismissed, and cases of Not Criminally Responsible by Reason of Mental Disorder.
Level 2 - Criminal Record and Judicial Matters Check (CRJMC)
The Level 2 Criminal Record and Judicial Matters Check (CRJMC), formerly known as a Police Information Check, is more comprehensive than the Level 1 check. It is intended for individuals who require a criminal records check along with a search of outstanding entries and charges. This type of check is typically required for situations such as border crossing, immigration, obtaining a taxi license, or employment (excluding roles involving vulnerable people).
This check includes:
- Convictions: Every criminal offense of which the individual has been convicted for which a pardon has not been issued or granted.
- Summary Convictions: Every summary conviction if the request is made within five years after the date of the summary conviction.
- Youth Criminal Justice Act Findings: Every finding of guilt under the Youth Criminal Justice Act (Canada) during the applicable period of access under that Act.
- Pardoned Convictions: Any conviction for which a pardon has been granted if disclosure is authorized under the Criminal Records Act (Canada).
- Absolute and Conditional Discharges: Every criminal offense for which the individual has been found guilty and received an absolute discharge within one year after the date of the absolute discharge, and every conditional discharge within three years after the date of the conditional discharge.
- Outstanding Charges or Warrants: Every criminal offense for which there is an outstanding charge or warrant to arrest.
- Court Orders: Every court order made against the individual, except for certain exceptions (e.g., court orders made under the Mental Health Act, restraining orders under family law).
The CRJMC provides a detailed view of an individual’s interactions with the criminal justice system, making it a preferred choice for positions that require a higher level of trust.
Level 3 - Vulnerable Sector Check (VSC)
The Level 3 Vulnerable Sector Check (VSC), formerly known as a Police Vulnerable Sector Check, is the most comprehensive criminal background check available in Canada. This check is intended for people who work or volunteer with vulnerable populations, such as school teachers, coaches, or parent volunteers. A vulnerable person is defined as a child under 18 years, an elderly person, or someone with a disability.
Please note that if the position you are applying for or volunteering for does not meet the criteria for running this level of search, additional information may be required before the records check can be completed.
The VSC includes the following information:
- Convictions: Every criminal offense of which the individual has been convicted for which a pardon has not been issued or granted.
- Summary Convictions: Every summary conviction if the request is made within five years after the date of the summary conviction.
- Youth Criminal Justice Act Findings: Every finding of guilt under the Youth Criminal Justice Act (Canada) during the applicable period of access under that Act.
- Pardoned Convictions: Any conviction for which a pardon has been granted if disclosure is authorized under the Criminal Records Act (Canada).
- Absolute and Conditional Discharges: Every criminal offense for which the individual has been found guilty and received an absolute discharge within one year after the date of the absolute discharge, and every conditional discharge within three years after the date of the conditional discharge.
- Outstanding Charges or Warrants: Every criminal offense for which there is an outstanding charge or warrant to arrest.
- Court Orders: Every court order made against the individual, except for certain exceptions (e.g., court orders made under the Mental Health Act, restraining orders under family law).
- Non-Conviction Information: Any non-conviction information authorized for exceptional disclosure in accordance with section 10 of the LEARN Guidelines.
- Findings of Not Criminally Responsible: Every criminal offense with which the individual has been charged that resulted in a finding of not criminally responsible on account of mental disorder, if the request is made within five years after the date of the finding.
The VSC is mandated by law for certain roles and is a crucial step in ensuring the safety of vulnerable individuals in society.
Conclusion
When deciding which level of criminal check to request, it’s important to consider the nature of the position and the level of trust required. The Level 1 CRC is suitable for general employment, the Level 2 CRJMC for positions requiring more scrutiny, and the Level 3 VSC for roles involving vulnerable populations. Each level provides an increasing depth of information, helping employers and organizations make informed decisions.
For more detailed information, you can visit the RCMP’s official page on criminal background checks here, or consult local police departments such as the Toronto Police Service or Peel Regional Police.