{"id":21497,"date":"2024-02-13T20:58:42","date_gmt":"2024-02-13T20:58:42","guid":{"rendered":"https:\/\/wordpress.staging.certn.co\/?p=21497"},"modified":"2025-07-31T15:04:18","modified_gmt":"2025-07-31T15:04:18","slug":"the-problem-with-canadas-vulnerable-sector-checks","status":"publish","type":"post","link":"https:\/\/wordpress.staging.certn.co\/us\/blog\/the-problem-with-canadas-vulnerable-sector-checks\/","title":{"rendered":"The Problem with Canada’s Vulnerable Sector Checks"},"content":{"rendered":"\n

The wrong hiring decision can cost you in a number of ways. There\u2019s the lost time on onboarding and training, and the high cost of finding a replacement, but more damaging could be the legal consequences stemming from hiring someone who endangers your employees or clients. This is where background screening comes in\u2014it\u2019s a way to get more information on who you\u2019re hiring to make sure they\u2019re a good, safe option for your role.<\/p>\n\n\n\n

In Canada, vulnerable sector checks (VSCs) have long been a standard procedure for screening people who work in positions of authority with vulnerable populations such as children, the elderly, or people with disabilities. However, it\u2019s important to recognize that over time these checks have become less effective due to legislative changes and other factors.<\/p>\n\n\n\n

So, what should you do?<\/p>\n\n\n\n

In this blog post, we explore why vulnerable sector checks are outdated and can create a false sense of security for end users. If it\u2019s not mandated as part of your background screening policy or industry-specific legislation, we explore what you can use instead of vulnerable sector checks to get the right information.\u00a0<\/strong><\/p>\n\n\n\n

We\u2019ve been helping businesses build safer teams since 2016. From criminal record checks to rescreening, Certn combines deep industry know-how with easy-to-use tech to make background screening faster, fairer, and more future-proof. With thousands of clients across Canada and globally (especially in regulated industries) we know what it takes to stay compliant without slowing things down. If you\u2019re rethinking your approach to risk and trust at work, keep reading!<\/p>\n\n\n\n

Types of Criminal Record Checks in Canada<\/h2>\n\n\n\n

There are three types of criminal record checks that HR departments across Canada use to make more informed hiring decisions<\/strong>: basic, enhanced, and vulnerable sector checks. The Royal Canadian Mounted Police<\/a> (RCMP) offers all three types of criminal record checks through its regional detachments. Two of the three, basic and enhanced, are available through third party background screening vendors. (FYI – “Enhanced” criminal record checks go by another name in Ontario, “criminal records and judicial matters check. \ud83d\udc40)<\/p>\n\n\n\n

You can read more about background checks in: Criminal Record Checks Canada FAQs<\/a>.<\/p>\n\n\n\n

Generally, all criminal record checks involve a search of the applicant\u2019s name and date of birth for criminal convictions in the National Repository of Criminal Records, which is accessed via the Canadian Police Information Centre<\/a>\u2019s (CPIC) identification data bank. From there, they get more and more detailed based on the requirements of the prospective employer \/ volunteer agency and the role.<\/p>\n\n\n\n

\"Caregiver<\/figure>\n\n\n\n

What\u2019s a Vulnerable Sector Check<\/h2>\n\n\n\n

Some employment and volunteer positions require a vulnerable sector check (VSC). <\/p>\n\n\n\n

A VSC is a Canada-specific check that goes beyond a basic criminal record check by searching the National Repository for the existence of any suspended or pardoned sexual offences, in accordance with the Criminal Records Act. <\/em>It also includes a \u201clocal indices check\u201d to surface records found in local police records management systems including \u201cnon-conviction information\u201d (e.g., informal police contacts, criminal charges that were withdrawn, stayed, or dismissed, 911 calls, etc.). However, for our purposes, we\u2019re going to focus on the sexual offence information.<\/p>\n\n\n\n

Vulnerable sector checks are routinely requested for positions that involve working with children (under 18 years old), the elderly, and people with disabilities. They\u2019re designed to identify individuals who may have a criminal history that may pose a specific risk to these vulnerable populations. Due to the nature of the information pulled, VSCs must be conducted by the local police service where the candidate\/applicant currently resides. <\/strong>(There was a time before 2009 where these more in-depth checks could be conducted by third-party screeners, but since then the RCMP has declared they have to be run by local police despite many vendors being able to disclose the same results through their access to the same data banks.)<\/p>\n\n\n\n

What Shows Up In a Vulnerable Sector Check<\/h2>\n\n\n\n

A VSC discloses every criminal offence of which the individual has been convicted for which a record suspension hasn\u2019t been issued or granted.<\/p>\n\n\n\n

What’s a Record Suspension?<\/h3>\n\n\n\n

Canada\u2019s federal Criminal Records Act<\/em><\/a> defines what a record suspension is and how the process is carried out. You can petition for a suspension through the Parole Board of Canada<\/a>. Here\u2019s more information on applying for a record suspension<\/a>. The Parole Board of Canada has control over granting, refusing, or revoking a record suspension. Once granted, a record suspension allows individuals who have completed their sentence to have their criminal record kept separate from other criminal records housed in the Canadian Police Information Centre (CPIC).<\/p>\n\n\n\n

VSCs also disclose every finding of guilt under the federal Youth Criminal Justice Act<\/em><\/a>, every criminal offence of which the individual has been found guilty and received an absolute discharge (unless the request is made more than one year after the date of the absolute discharge), it also discloses every finding of guilt under the federal Youth Criminal Justice Act<\/em><\/a>, every criminal offence for which there\u2019s an outstanding charge or warrant to arrest, every criminal offence of which the individual has been found guilt and received an absolute discharge (unless the request is made more than one year after the date of the absolute discharge), and criminal offences of which the individual has been found guilty and received a conditional discharge on conditions set out in a probation order (unless the request is made more than three years after the date of the condition discharge).<\/p>\n\n\n\n

As with other basic and enhanced police checks\/criminal record checks (again, criminal record checks go by a variety of names across Canada), it doesn\u2019t disclose summary convictions if the request is made more than five years after the date of the summary conviction.<\/p>\n\n\n\n

One area where a vulnerable sector check differs from and goes deeper than a basic or enhanced criminal record check is that it discloses criminal offences with which the individual has been charged that resulted in a finding of not criminally responsible on account of mental disorder (unless the request comes more than five years after the date of the finding or if they received an absolute discharge).<\/strong><\/p>\n\n\n\n

The Problem with Vulnerable Sector Checks<\/h2>\n\n\n\n

Like any other over broad screening, using the wrong type of check can result in unnecessary delays for employers and candidates\/applicants alike. The processing time for vulnerable sector checks is usually longer, which can lead to delays in hiring decisions and potential frustration for both employers and candidates. However, on top of improper application of VSCs and misinterpretation of the directive, the issue with vulnerable sector checks also has to do with a lack of consistency and limitations of the Pardoned Sex Offender Data Bank.<\/strong><\/p>\n\n\n\n

Misinterpretation of the Directive<\/h3>\n\n\n\n

In order to get a vulnerable sector check, the applicant must present signed documentation from the organization outlining how the role meets the criteria. It\u2019s an offence to conduct a vulnerable sector check on someone if the need for it doesn’t meet the requirements in the Criminal Records Act,<\/em> notably the requirement that the role and position is one of trust or authority over vulnerable populations. However, in some instances, organizations and employers have policies regarding the need for vulnerable sector checks simply because the role has contact with children or vulnerable people\u2014this is an incorrect interpretation of the law.<\/p>\n\n\n\n

In the instance of contact with children or vulnerable people, an enhanced criminal record check would suffice\u2026 and possibly be more comprehensive.<\/p>\n\n\n\n

Lack of Consistency<\/h3>\n\n\n\n

As we mentioned up top, a vulnerable sector check is a standard criminal record check, plus a search for applicable record suspensions (formerly called \u201cpardons\u201d) related to sexually-based offences using the Pardoned Sex Offender data bank search. If a related offence shows up, it\u2019s up to the agency conducting the check to determine whether to disclose the information based on their interpretation of the ministerial directive concerning the release of criminal record information<\/a>\u2014not all information is disclosed.<\/p>\n\n\n\n

Limitations to the Pardoned Sex Offender Data Bank<\/h3>\n\n\n\n

The Pardoned Sex Offender Data Bank contains the names and dates of births of individuals who\u2019ve been pardoned of sex-related convictions.<\/p>\n\n\n\n

On March 13, 2012, Bill C-10, a part of the Safes Streets and Communities Act<\/em>,  amended the record suspension program<\/a> in the Criminal Records Act<\/em> and people convicted of sexual offences against minors became ineligible for record suspensions (pardons). Therefore, a vulnerable sector check isn\u2019t always a reliable way to vet someone who\u2019ll be working with vulnerable populations.<\/p>\n\n\n\n

Other Information Not Disclosed<\/h3>\n\n\n\n

A vulnerable sector check doesn\u2019t including the following information that might also impact someone\u2019s ability to work with children and vulnerable people:<\/p>\n\n\n\n