Policy: Vulnerable Sector Checks & Accredited Fingerprinting Companies

Policy for Accredited Fingerprinting Companies to electronically submit fingerprints on behalf of Police Services for Vulnerable Sector purposes

Executive Summary

Vulnerable Sector (VS) checks provide organizations with essential information that is used to assess the suitability of individuals to work or interact with the most vulnerable members of society, such as children, the elderly and persons with disabilities. The check includes a search of criminal records and pardoned sex offender records in the RCMP National Repository of Criminal Records. If a name-based search result is inconclusive, a fingerprint submission is required to confirm identity in support of a VS check.

This policy enables a Police Service to advise individuals in the service’s jurisdiction to attend an Accredited Fingerprinting Company to have their fingerprints electronically submitted for vulnerable sector purposes. It is intended for policing jurisdictions that currently submit VS checks on paper, and is an interim measure until all policing jurisdictions are able to directly provide electronic fingerprinting services.

The electronic submission of fingerprints significantly improves service delivery for VS checks, with processing times being reduced from several weeks to days or less for the vast majority of submissions. With this policy option, search results for VS checks that do not match to an RCMP fingerprint holding are completed in 2-3 business days. All search results are returned by mail to the requesting Police Service.

Police Services are responsible for ensuring that VS checks are completed in accordance with all relevant legislation, regulations, directives and policies.

2.1 The following definitions, used in singular or plural context, apply throughout this policy.

RCMP Business Lines
Canadian Criminal Real Time Identification Services: The Canadian Criminal Real Time Identification Services (CCRTIS) maintains the RCMP National Repository of Criminal Records and is mandated to provide direct operational support to the Canadian law enforcement, criminal justice and public security communities, as well as international partners such as the Federal Bureau of Investigation and INTERPOL for criminal, civil and immigration purposes. CCRTIS is the national provider of biometric-based criminal record and vulnerable sector verifications for civil and criminal court purposes. CCRTIS is also responsible for authorizing access to the RTID system.

National Repository

RCMP National Repository of Criminal Records (National Repository): Canada’s repository of criminal records relating to individuals who have been charged with indictable and/or hybrid offences. Since the Identification of Criminals Act only allows the taking of fingerprints in relation to indictable or hybrid offences and the RCMP National Repository of Criminal Records is fingerprint-based, the National Repository only contains information relating to these two categories of offences. Summary conviction offences are only included in the National Repository if submitted to the RCMP as part of an occurrence involving an indictable or hybrid offence. With the exception of “young person” indictable or hybrid offence convictions, Police Services are not required by law to report offences to the RCMP. A search of local police records may reveal criminal record information that has not been reported to the RCMP.

Systems and Data Banks

RTID and RTID system: The Real Time Identification (RTID) system is accessed by agencies authorized by CCRTIS to submit fingerprints electronically.

Identification Data Bank: Comprised of three (3) data sets, including: 1) offender’s criminal record information; 2) summary of offender’s biographical and offence information; and 3) indexed summary of offender names for rapid search. CCRTIS is the only entity that is authorized to update, delete, and/or modify information within the Identification Data Bank. Lawfully obtained fingerprints support each criminal record entry in the Identification Data Bank. An authorized Police Service may search the Identification Data Bank via the CPIC system. This information is collected by virtue of Personal Information Bank (PIB) CMP PPU 030, pursuant to the Privacy Act.

Intelligence Data Bank: Records are entered directly into the CPIC system by agencies in support of gathering criminal intelligence.

Investigative Data Bank: Records are entered directly into the CPIC system by agencies in support of law enforcement investigations. The information is contributed and maintained by police agencies on wanted and missing persons, stolen vehicles, stolen boats and other stolen or lost property. Databank includes Accused, Court Action, Missing, Parolee, and Wanted as categories of person in CPIC records. This information is collected by virtue of Personal Information Bank (PIB) CMP PPU 005, pursuant to the Privacy Act.

Other

Accredited Fingerprinting Company: A company that has been accredited and certified by CCRTIS to electronically submit fingerprints and supporting data to the RTID system for vulnerable sector, as well as other civil screening purposes.

Affiliate: A separate fingerprinting company that is accredited and certified by CCRTIS to electronically submit fingerprints and supporting data for vulnerable sector, as well as other civil screening purposes to the RTID system via the Accredited Fingerprinting Company. Excluding Section 7.4 in this policy, all requirements in this policy for the Accredited Fingerprinting Company apply equally to all Affiliates of the Accredited Fingerprinting Company.

Applicant: An individual applying to the Police Service for a VS Check. The Applicant must reside in the Police Service’s jurisdiction.

Identity Verification: A process undertaken in accordance with CCRTIS policy whereby the identity of an Applicant is authenticated. 

Informed VS Consent Form: A form used to obtain consent from the Applicant for: the verification of pardoned sex offender records maintained in the RCMP National Repository of Criminal Records; as well as disclosure of any pardoned sex offender records to the Police Service requesting the VS check. Forms must contain all requirements identified in Regulation 2 (Consent for Verification) of the Criminal Records Regulations (SOR/2000-303).

Letter of Instruction: A letter provided by the Police Service to the Applicant that provides instructions for the Applicant to have his/her fingerprints electronically taken by an Accredited Fingerprinting Company, and submitted to the RTID system for vulnerable sector purposes.            

Livescan Device: An electronic fingerprint capture device that is certified by CCRTIS and used to capture fingerprint images and biometric consent for electronic transmission to the RTID system.

Police Service: A Category I Canadian Police Information Centre (CPIC) Agency that engages with Accredited Fingerprinting Companies to assist with the electronic submission of fingerprints in support of VS checks. The Police Service must be of local jurisdiction where the Applicant resides.

Volunteer Confirmation Letter: A letter from the organization or person(s) requesting the VS check for volunteer purposes, that confirms that the volunteer position is unpaid.

VS check: a Vulnerable Sector (VS) check refers to the process of screening individuals working or volunteering with children or vulnerable persons. Includes queries of: RCMP National Repository of Criminal Records, including pardoned sex offender records; CPIC Intelligence and Investigative Data Banks; and Police Service records management systems where the Applicant resides. Within the context of this policy, a VS check specifically refers to the electronic submission of fingerprints to the RTID system for the purposes of querying the RCMP National Repository of Criminal Records, including pardoned sex offender records.

 

3.1 This policy applies to Police Services that engage with Accredited Fingerprinting Companies to assist with the electronic submission of fingerprints in support of VS checks.

3.2 This policy applies to the implementation of Livescan devices by the Accredited Fingerprinting Company for the purposes of electronically submitting fingerprints to the RTID system in support of VS checks.

3.3 Police Services and Accredited Fingerprinting Companies must reference these policies in conjunction with all other policy requirements that apply, in addition to any relevant legislation, regulations, and directives.

3.4 The Police Service acknowledges ultimate responsibility for ensuring that VS checks are completed in accordance with relevant legislation, regulations, directives and policies.

4.1 This policy takes effect on October 17, 2011. 

5.1 Any breach of this policy will be investigated by CCRTIS, and sanctions will be undertaken as necessary.

6.2 The Police Service will verify the Applicant’s identity in accordance with CCRTIS policy, and any applicable privacy laws and provincial considerations.

6.3 The Police Service will obtain the Applicant’s informed consent for a VS check in accordance with relevant legislation, regulations, directives and policies.

6.4 If fingerprints are required in support of completing an Applicant’s VS check, the Police Service may advise the Applicant to attend an Accredited Fingerprinting Company for the purposes of having his/her fingerprints electronically taken and submitted to the RTID system for vulnerable sector purposes.

6.4.1 Refer to the “Letter of Instruction” section of this policy for instructions for the Applicant to have his/her fingerprints electronically taken by an Accredited Fingerprinting Company.

6.5 When fingerprints are electronically submitted by an Accredited Fingerprinting Company in support of a VS check, CCRTIS will directly send the search results to the Police Service only.  

6.5.1 Hard copy search results will be sent to the Police Service’s return mailing address as identified on the Letter of Instruction and the electronic submission from the Accredited Fingerprinting Company.

6.5.2 The Police Service is responsible for ensuring that the VS check is completed in accordance with relevant legislation, regulations, directives and policies. In addition to querying the RCMP National Repository of Criminal Records, including pardoned sex offender records, a VS check must also include: queries of  CPIC Intelligence and Investigative databanks, as well as the Police Service records management system where the Applicant resides.

6.6 If fingerprints are required in support of completing an Applicant’s VS check, the Police Service may provide the Applicant and/or Accredited Fingerprinting Company with a completed Letter of Instruction.

6.6.1 The Police Service is responsible for ensuring that an Accredited Fingerprinting Company receives a Letter of Instruction for every Applicant that is referred by the Police Service to an Accredited Fingerprinting Company.

6.6.2 The Police Service is responsible for creating the Letter of Instruction.

6.7 The Letter of Instruction provides instructions for the Applicant to have his/her fingerprints electronically taken by an Accredited Fingerprinting Company and submitted to the RTID system for vulnerable sector purposes.   

6.7.1 A Letter of Instruction template is identified in Appendix A of this policy.                                                

6.8 A Letter of Instruction must identify:

6.8.1 Official name and insignia of the Police Service;

6.8.2 Date that the Letter of Instruction was issued by the Police Service;

6.8.3 Name, title and signature of the Police Service authority that issued the Letter of Instruction;

6.8.4 Applicant name and date of birth;

6.8.5 Applicant signature acknowledging intent to attend an Accredited Fingerprinting Company for the purposes of having his/her fingerprints electronically taken and submitted to the RTID system for vulnerable sector purposes;

6.8.6 Police Service return mailing address for all hard copy search results that apply to the VS check;

6.8.7 Confirmation that the Police Service verified the identity of the Applicant;

6.8.8 Confirmation that the Police Service obtained the Applicant’s written consent for: verification of pardoned sex offender records maintained in the RCMP National Repository of Criminal Records, and; disclosure of any pardoned sex offender records to the Police Service requesting the VS check;

6.8.9 Confirmation that the Police Service verified the position, for which a VS check is being sought, as relative to the vulnerable sector;

6.8.10 Description of the vulnerable sector position;

6.8.11 Name of person(s) or organization requesting the VS check;

6.8.12 Details regarding children or vulnerable person(s) relative to the vulnerable sector position;

6.8.13 Confirmation that the vulnerable sector position is for employment (paid) or volunteer (unpaid) purposes;

6.8.13.1 Confirmation that the Police Service received and verified a Volunteer Confirmation Letter (volunteer (unpaid) purposes only).

6.8.14 RCMP website link that identifies all Accredited Fingerprinting Companies that are approved for electronic VS checks. (http://www.rcmp-grc.gc.ca/rtid-itr/vulner-eng.htm)

7.2 The Accredited Fingerprinting Company will verify the Applicant’s identity in accordance with CCRTIS policy and any applicable privacy laws and provincial considerations, prior to electronically transmitting the Applicant’s fingerprints and supporting data to the RTID system for vulnerable sector purposes.

7.3 The Accredited Fingerprinting Company will electronically transmit the Applicant’s fingerprints and supporting data for vulnerable sector purposes via Livescan technology to the RTID system.

7.3.1 The Applicant’s consent for the verification of pardoned sex offender records maintained in the RCMP National Repository of Criminal Records and disclosure of any pardoned sex offender records to the Police Service responsible for the VS check, is captured as part of the information that is electronically transmitted by the Accredited Fingerprinting Company to the RTID system.

7.3.2 The Police Service’s return mailing address (as identified on the Letter of Instruction) is captured as part of the information that is electronically transmitted by the Accredited Fingerprinting Company to the RTID system.

7.3.3 All other vulnerable sector details required for the VS check (e.g. description of vulnerable sector position, name of person(s) or organization requesting VS check, details regarding children or vulnerable person(s) relative to the vulnerable sector position) are captured as part of the information that is electronically transmitted by the Accredited Fingerprinting Company to the RTID system.

7.4 The Accredited Fingerprinting Company will ensure that its members, employees, Affiliates and all other organizational bodies or persons for which it serves as an agent, are aware of and fully comply with the terms and conditions of this policy.

 

8.1 The Police Service and the Accredited Fingerprinting Company understand that CCRTIS may, at its sole discretion, request an audit of the Police Service and/or the Accredited Fingerprinting Company.

8.2 The Police Service and the Accredited Fingerprinting Company will permit CCRTIS or its delegate thereof on-site for the purpose of auditing to ensure compliance with the terms of this policy. This includes but is not limited to document retention requirements for auditing purposes, CCRTIS policy, and the use and dissemination of information from the RTID system. The Police Service and the Accredited Fingerprinting Company will further permit CCRTIS, or its delegate thereof, immediate access to any computer terminal accessing the RTID system, relevant documentation, agency records, and applicable personnel.

8.3 The Police Service and the Accredited Fingerprinting Company will provide CCRTIS with all applicable documentation to confirm the validity for submitting electronic fingerprints and supporting data to the RTID system for vulnerable sector purposes, and will render all necessary assistance to CCRTIS to enable a complete physical audit of the Police Service and Accredited Fingerprinting Company operations for RTID.

8.4 The Police Service and the Accredited Fingerprinting Company will correct, at the request of CCRTIS, any VS check that does not conform to CCRTIS policy.

9.1 The Police Service must retain proof of identification, Informed VS Consent Forms, Letters of Instruction, Volunteer Confirmation Letters, as well as any other information provided by the person(s) or organization requesting the VS check for a minimum of two (2) years for CCRTIS audit purposes.

9.2 The Accredited Fingerprinting Company must retain proof of identification and Letters of Instruction for a minimum of (2) years for CCRTIS audit purposes.

9.3 The Police Service and Accredited Fingerprinting Company will retain the documents identified in Sections 9.1 and 9.2 of this policy, pursuant to any applicable privacy laws and provincial considerations.

9.4 The Police Service is ultimately responsible for ensuring that the Applicant is informed of the document retention requirements.

 

Instructions for a Person attending an Accredited Fingerprinting Company for an Electronic Vulnerable  Sector Check
This form is to be completed by a Police Service in support of a Vulnerable Sector check. The form may be provided by a Police Service and/or Applicant to an Accredited Fingerprinting Company to assist with the electronic submission of fingerprints in support of a Vulnerable Sector check.

Identification Police Service

Date:

Name of Police Service:                                                        

Insignia of Police Service:

Name / Title of Police Service authority:  
              
Signature of Police Service authority:  _________________________         
                                                                              Signature

Police Service return mailing address for search results:

Identification of Applicant

Name of Applicant:

Date of Birth of Applicant:

Police Service verified identity of Applicant: YES____ NO____

Identification of Vulnerable Sector Position

Police Service verified position as relative to Vulnerable Sector: YES____ NO____

Vulnerable Sector position is: Employment (paid) ____ Volunteer (unpaid) ____
                                                                                       
For Volunteer (unpaid), a Volunteer Confirmation Letter was received and verified by the Police Service: YES____ NO____

Consent of Applicant

Applicant Consent obtained in writing by Police Service for the: verification of pardoned sex offender records maintained in the RCMP National Repository of Criminal Records, and; disclosure of any pardoned sex offender records to the Police Service: YES____ NO____

Vulnerable Sector Details

Description of Vulnerable Sector position:

Name of person(s) or organization requesting the Vulnerable Sector check:

Details regarding children or vulnerable person(s) relative to the Vulnerable Sector position:

Accredited Fingerprinting Company Locations

Accredited Fingerprinting Company Locations for electronic Vulnerable Sector checks available at: http://www.rcmp-grc.gc.ca/rtid-itr/vulner-eng.htm

Signature of Applicant

I will attend an Accredited Fingerprinting Company location for the purposes of having my fingerprints electronically taken and submitted to the RCMP National Repository of Criminal Records in support of a Vulnerable Sector check. 

______________________________
Signature

FAQ - Information for police services
FAQ - Information for VS check applicants