CPIC FAQs on Criminal Records Checks

Why has the RCMP changed its policy on doing criminal record checks?

• The RCMP, supported by the Canadian Police Information Centre (CPIC) advisory committee has not changed any policies or procedures. The RCMP is enforcing existing policies and procedures to which agencies have already agreed to conform.

What authority does the RCMP have to tell agencies how they can use CPIC?

• When agencies are granted access to the CPIC system they agree to comply with the policies and procedures on the use of the system. These polices and procedures are governed by federal legislation, ministerial directives, and federal government policies. The RCMP periodically audits police services and federal agencies to ensure that they adhere to the policies and procedures.

Why did the RCMP take no action before this?

• When the RCMP and the CPI Centre became aware of agencies not complying with policies and procedures, the agencies were informed of the correct procedures and directed to comply with them. While most agencies immediately changed their practices when informed that they were not complying with CPIC policies and procedures, a small number of agencies had different interpretations and continued with their existing practices. As a result the RCMP has taken stronger action to ensure that agencies’ practices conform to CPIC policies and procedures.

Why is it required for all agencies to retain copies of consent forms? Isn’t it sufficient for a company that wants to hire a person to make the consent form available on demand?

• The CPI Centre is required to ensure that agencies that have access to CPIC to conform to the policies and procedures related to its use. To do so, the assurance process includes auditing the agencies for, among other things, the presence of the informed consent documentation.

 

• The Privacy Act requires that people give their informed consent before their personal information can be disclosed. When agencies are being audited, the only way that the auditor can confirm that informed consent was obtained is by reviewing the consent form. Since auditors have no right to audit third parties, the consent forms must be retained by the agency being audited.

I have to get my name checked by the police and even though I don’t have a criminal record, I am being asked to provide fingerprints. Why?

• There are many people on the criminal records data base with names and dates of birth that are identical or similar. When the query of the criminal record data bank indicates that there is a record for someone with a similar name and date of birth, the applicant is requested to submit fingerprints. The requirement to submit fingerprints is done for the protection of the individual and should not be construed as an indication a person has a criminal record. This ensures that when criminal records are disclosed, they pertain to the correct person.

Why does the RCMP insist on people submitting fingerprints to get copies of their criminal records?

• The Ministerial Directive on the Release of Criminal Record Information by the RCMP states that information from criminal records may only be disclosed for screening purposes after the persons identity has been confirmed by fingerprints. The Privacy Act and its regulations require federal government agencies to confirm the identification of people who request that their personal information be disclosed. All criminal records in the RCMP central repository are supported by fingerprints. By requiring fingerprints to be submitted prior to releasing criminal record information, the RCMP is ensuring that the information that is disclosed relates to the applicant.

 

• The Ministerial Directive on the Release of Criminal Record Information by the RCMP states that information from criminal records may only be disclosed for screening purposes after the persons identity has been confirmed by fingerprints. There are many people with similar or identical names and dates of birth. By disclosing criminal records without confirming the applicants’ identification with fingerprints, agencies risk disclosing information on the wrong person. This would violate the privacy rights of people who were not part of the screening process.

If I am told that my fingerprints are required in order to complete the screening process, what do I do?

• Fingerprints may be taken by your local police service or by an accredited private fingerprinting company. More information on this process can be found on the Civil Fingerprint Screening Services website at - http://www.rcmp-grc.gc.ca/cr-cj/fing-empr2-eng.htm

Is the RCMP opposed to private companies performing background checks?

• The RCMP is not opposed to private companies being involved in background checks. The RCMP must ensure that agencies that have access to CPIC conform to the applicable the policies and procedures, including the procedures dealing with the disclosure of criminal records.

Does the RCMP allow criminal records to be used in employment screening?

• The RCMP believes that criminal record checks can form a valuable component of employment screening. The RCMP must take reasonable steps to ensure that criminal record information is disclosed in a way that respects:
  - the requirement that information be accurate;
  - the requirement to conform with federal legislation, policies and ministerial directives;
  - the requirement to protect the privacy of rights of Canadian citizens.

Where can individuals and companies who require criminal record screening go to get advice on the procedures for criminal record checks?

• The RCMP encourages individuals and companies that are setting up screening procedures to consult with their local police agencies on the best practices to follow. Many police agencies have this information on their websites. It should be noted that a criminal record check is only one component of a comprehensive criminal background check. Local police agencies have access to information that may not be included in the criminal records data bank. In many cases this information could form critical component of a comprehensive pre-employment screening process.

Provincial privacy legislation permits me to obtain this information. Why can’t I get this information from the police using provincial privacy legislation?

• The criminal records in the national repository are maintained by the RCMP and as such falls under the Federal Privacy Laws. As Canada’s national law enforcement agency, the RCMP is bound by federal privacy legislation. Federal privacy legislation supercedes provincial legislation. This extends to the computer systems, and the data in them, that are maintained by the RCMP.

How long does it take the RCMP to process fingerprint based requests for criminal record verifications?

• In an effort to process criminal verification requests more quickly, the RCMP is implementing the Real Time Identification (RTID) Project to modernize these processes and promote electronic fingerprint submissions. The goal of Canadian Criminal Real Time Identification Services (CCRTIS ) is to respond to 85% of civil requests (those that do not require manual processing) submitted electronically within 72 hours. If a criminal record is encountered during the verification process, the turnaround time could exceed 120 days. Paper-based fingerprint submissions require a great deal of manual processing and it is not uncommon for a criminal record verification to take an average of 120 days to complete for individuals who don’t have a criminal record and have never been fingerprinted for a criminal offence in Canada. If a criminal record is encountered during the verification process, the turnaround time could exceed 120 days.

Where can I get my fingerprints taken electronically?

• You may inquire at your local police service about electronic fingerprinting. If they do not perform this service, they may be able to refer you to approved private firms. These firms can also be located in local yellow pages and internet searches using the term ‘fingerprinting services Canada.’

My organization can’t wait this long. Isn’t there a faster process that can be used?

• No. The fingerprint process that is outlined above is the only way to ensure that criminal record information that is disclosed applies to the correct person and meets all of the requirements for disclosure to third parties.

I have heard that the RCMP is forcing people to submit fingerprints because they make $25.00 on each submission. Is this true?

• No. All of the money that is collected for this service is forwarded to the consolidated revenue fund for the Government of Canada. The RCMP does not receive any of this money. Some agencies and RCMP detachments may charge money for taking fingerprints. This charge is above the $25.00 fee (where required) for verifying the fingerprints against the central repository for criminal records and reflects the costs to the agency or detachment of taking the fingerprints.

Why can't we get criminal record checks for adolescents?

• Under the Youth Criminal Justice Act, it is illegal to disclose any information about charges for young persons for the purposes of background checks. The only exception is when the checks are required by federal, provincial, or municipal legislation.

Is a “CPIC check” a Criminal Record check?

• No, CPIC is a system that transmits requests by authorized law enforcement agencies to several data banks primarily for law enforcement purposes. One of those data banks is the Criminal Records Information Management Services (CRIMS). CRIMS updates and maintains more than 600,000 criminal records annually and populates criminal record information to the Canadian Police Information Centre (CPIC) Identification Data Bank. A criminal record file consists of an individual's criminal charges and their dispositions, including convictions and discharges that are supported by fingerprint information.

What is a “CPIC Check”?

• What many consider to be a "CPIC check" (or to others a "background check") is a query of the Identification Data Bank by a police agency using a person's name and date of birth. While there may be a match to a criminal record within the data bank that may point to a possible criminal record, it does not mean that the person subject to the check is the subject of that criminal record. This can only be positively confirmed with the submission of fingerprints. In addition, this type of check omits checks of other data banks that could provide valuable screening information (see question on local indices).

What is a Criminal Record?

• A criminal record begins with a person being charged with a crime. In most cases, when a person is charged with a crime, their fingerprints are taken at that time and submitted to CCRTIS for classification and entry into the system. Once the court proceedings are over, the results of these proceedings (eg. sentencing, discharge or acquittal) are entered onto the fingerprint form and the record is submitted for updating. It should be noted that fingerprints may not be taken in all instances as not all criminal offences fall into a category for which police have authorization to obtain fingerprints. For summary procedure offences, such as causing a disturbance, police are not permitted to obtain fingerprints as per the Identification of Criminals Act. Offences that fall under provincial legislation would also not appear on a Criminal Record. A local police indices check is the only means to determine whether these records exist.

What is a Local Indices Check?

• A Local Indices Check is a review of local police files and occurrence reports in the area where the individual resides that could provide supporting or additional information that would be in addition to the criminal record check.

How can a person really find out if they have a criminal record?

• The only way to certify that a person has a criminal record is to submit fingerprints to the RCMP’s Civil Fingerprint Screening Services (http://www.rcmp-grc.gc.ca/cr-cj/fing-empr-eng.htm). This service will search the fingerprint database to see if there is a matching set of fingerprints associated to a criminal record. A certificate is then issued by this service certifying that person either has a criminal record (a certified copy is supplied) or no criminal record.

What if a person uses a fictitious name?

• While a persons’ name may change, their fingerprints don’t. If a person already has a criminal record under one name and are convicted of another crime under a different name, the fingerprints will always be matched to the original record. The criminal record will then be updated to reflect not only the new conviction but also the different name or “alias” that subject is using. With only a name based “CPIC Check” you cannot be 100% assured of the identity of the applicant.

What is a Vulnerable Sector check?

• Vulnerable people are considered to be individuals who are at greater risk of being harmed than the general population because of their age, disability or other circumstances, whether temporary or permanent. An organization with paid or volunteer persons who are responsible for the well-being of children or vulnerable people may request a Vulnerable Sector check for any of those employees/volunteers who are in a position of trust. This check is conducted in addition to a criminal record check. A database is checked to see if the subject has received a pardon for a criminal offence of a sexual nature. This requires the prior written consent of the applicant and can only be conducted by the police. The results can only be first released to the applicant by the police. If a record exists, it must be confirmed by the submission of fingerprints. If the record is confirmed or there is no record and the applicant chooses to divulge the results to the organization, the police agency may only release the information to the organization with the prior written consent by that individual. Because of the vulnerability of the clients of these organizations, the RCMP strongly recommends that local indices checks be included as part of Vulnerable Sector checks.

I am applying for a job in a foreign country that requires me to obtain a Vulnerable Sector Check. How can I get one?

• Vulnerable sector checks are covered by the Criminal Records Act. The RCMP has obtained legal advice that indicates Vulnerable Sector checks can only be performed for positions inside Canada.