Policy: Hub Concept – Electronic Vulnerable Sector Checks

Policy for a Police Service to electronically submit fingerprints on behalf of another Police Service 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 is intended for Police Services that have not yet acquired or implemented electronic fingerprint capture devices for fingerprinting. In support of offering optimal service delivery and expediting VS checks, this policy enables Police Services with electronic fingerprinting capabilities to submit fingerprints on behalf of Police Services that do not have this technology. This option may also apply to other criminal record checks that require fingerprinting and are electronically completed for civil screening purposes that do not apply to the vulnerable sector.

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 option, search results for VS checks that do not match to an RCMP fingerprint holding may be completed in minutes.

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

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

Bulk Billing: the fee recovery mechanism used by the RCMP (CCRTIS) to collect payments for federally-regulated civil fingerprinting fees.

Cardscan Device: An electronic fingerprint capture device that is certified by CCRTIS and used to scan fingerprint forms and consent documents for electronic transmission to the RTID system.

Form C-216C: A form used to capture an Applicant’s fingerprint images (ink & roll) in support of a criminal record and/or VS check. Used for civil purposes only.

HUB Police Service: A Police Service with electronic fingerprinting capabilities for VS checks. The HUB Police Service may directly submit electronic fingerprints to the RTID system on behalf of an Originating Police Service.

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

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. Note: workflows in this policy for Livescan Device Workflows may also apply to Remote Transcoder Devices.

Originating Police Service: A police service that does not have electronic fingerprinting capabilities, and utilizes the electronic fingerprinting capabilities of a HUB Police Service. The Originating Police Service must be of local jurisdiction where the Applicant resides.

Police Service: A Category I Canadian Police Information Centre (CPIC) Agency that conducts VS checks. Throughout this policy, “Police Service” may be used to generically refer to a HUB Police Service and/or an Originating Police Service.

Remote Transcoder Device: A specialized workstation configured with a flatbed scanner that is primarily used by a Police Service to process latent (crime scene) fingerprint submissions. May also be configured and used for criminal ten print identification purposes, as well as civil screening purposes, including VS checks.

Volunteer Confirmation Letter: A letter from the organization or person(s) requesting the VS check for volunteer purposes, which 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.  

VS Consent Form: A form used by a Police Service 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 a Police Service. Forms must contain all requirements identified in Regulation 2 (Consent for Verification) of the Criminal Records Regulations (SOR/2000-303). For Cardscan Device Workflows, the form includes the Applicant’s biometric consent in support of electronically transmitting a VS check.

4.1 This policy takes effect on December 6, 2011.

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

7.1 The Originating police Service will conduct a name-based VS check in accordance with relevant legislation, regulations, directives and policies.

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

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

7.4 If fingerprints are required in support of completing an Applicant’s VS check, the Originating Police Service may utilize the electronic fingerprinting capabilities of a Hub Police Service via a Livescan Device or Cardscan Device Workflow.

7.4.1 The Originating Police Service is responsible for ensuring that a Hub Police Service receives all documents required for a Livescan and/or Cardscan Device Workflow, as identified in Sections 7.5 and 7.8 of this policy.

7.5 The Originating Police Service provides the Applicant and/or a HUB Police Service with a completed Letter of Instruction, and advises the Applicant to attend a HUB Police Service for the electronic submission of fingerprints in support of a VS check.

Cardscan Device Workflow

7.7 The Originating Police Service obtains the Applicant’s consent on a VS Consent Form, 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 Originating Police Service.

7.8 The Originating Police Service directly provides a HUB Police Service with the original Form C-216C, VS Consent Form, and Letter of Instruction.

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

7.9.1 A template for the Letter of Instruction is identified in Appendix A of this policy.

7.10 A Letter of Instruction must identify:

7.10.1 Official name and insignia of the Originating Police Service;

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

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

7.10.4 Applicant name and date of birth;

7.10.5 Applicant signature acknowledging that his/her fingerprints will be electronically transmitted by a HUB Police Service to the RTID system for vulnerable sector purposes;

7.10.6 Originating Police Service mailing address.

7.10.7 Confirmation that the Originating Police Service verified the identity of the Applicant;

7.10.8 Confirmation that the Originating Police Service obtained 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 Originating Police Service.

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

7.10.10 Description of the vulnerable sector position;

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

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

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

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

7.10.14  Name and Location of the HUB Police Service that will electronically submit the Applicant’s fingerprints to the RTID system in support of a VS check.

8.1 The HUB Police Service will include the following as part of the electronic VS check, in addition to any other RTID requirements:

8.1.1 Applicant 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 HUB Police Service, as defined by RTID requirements.

8.1.2 Identification of the Originating Police Service in the Contributor Individual Reference Number field, as defined by RTID requirements.

8.1.2.1 An Originating Police Service that is identified in the Contributor Individual Reference Number field will be included on all hard copy search results that are sent by CCRTIS.       

8.1.3 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), as defined by RTID requirements.

8.2 The HUB Police Service is responsible for submitting any civil fingerprinting fees associated with VS checks, in accordance with federal regulations.

8.3 The HUB Police Service is responsible for paying Bulk Billing invoices for civil fingerprinting fees in accordance with RCMP invoice requirements.

8.4 The HUB Police Service will verify the Letter of Instruction prior to electronically transmitting the Applicant’s fingerprints and supporting data to the RTID system for vulnerable sector purposes.

8.5 The HUB Police Service 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.

8.6 The HUB Police Service will electronically transmit the Applicant’s fingerprints and supporting data for vulnerable sector purposes via Livescan technology to the RTID system.

8.7 The HUB Police Service will verify the original Form C-216C, VS Consent Form, and Letter of Instruction prior to electronically transmitting the Applicant’s fingerprints and supporting data to the RTID system for vulnerable sector purposes.

8.8 The HUB Police Service will electronically transmit the Form C-216C, biometric consent and supporting data for vulnerable sector purposes via Cardscan technology to the RTID system.  

9.1 Most search results will be sent by CCRTIS directly to the HUB Police Service, either by mail or electronically, in accordance with the HUB Police Service’s privileges and authorization as certified by CCRTIS.

9.1.2 The HUB Police Service is responsible for sending search results to the appropriate Originating Police Service, in support of the Originating Police Service’s responsibility for completing the VS check.

9.2 Depending on the nature of the search results, hard copy search results may be sent directly from CCRTIS to the Originating Police Service that is responsible for completing the VS check.

10.1 The Originating Police Service is responsible for completing all other aspects of a VS check, in accordance with relevant legislation, regulations, directives and policies.

10.1.1 Other VS check requirements include a query of: CPIC Intelligence and Investigative databanks; and the Police Service records management system where the Applicant resides / has resided for the past five (5) years.

11.1 The Originating Police Service and the HUB Police Service understand that CCRTIS may, at its sole discretion, request an audit of the Originating Police Service and/or the HUB Police Service.
 
11.2 The Originating Police Service and the HUB Police Service 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 Originating Police Service and the HUB Police Service 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. 

11.3 The Originating Police Service and the HUB Police Service 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 and/or other civil screening purposes, and will render all necessary assistance to CCRTIS to enable a complete physical audit of the Originating Police Service and the HUB Police Service operations for RTID.
 
11.4 The Originating Police Service and the HUB Police Service will correct, at the request of CCRTIS, any VS check or criminal record check for other civil screening purposes, that does not conform to CCRTIS policy.

12.1 The Originating Police Service must retain proof of identification, 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 audit purposes.

12.2 The HUB Police Service must retain proof of identification and Letters of Instruction for a minimum of two (2) years for audit purposes.

12.3 The Originating Police Service and the Hub Police Service will retain the documents identified in Sections 12.1 and 12.2 of this policy, pursuant to any applicable privacy laws and provincial considerations.

12.4 The Originating Police Service and the HUB Police Service are responsible for ensuring that the Applicant is informed of the document retention requirements.

 

Instructions for aN ORIGINATING Police Service and a Hub Police Service to complete an electronic Vulnerable Sector Check

This form is to be completed by an Originating Police Service in support of a Vulnerable Sector check. The form may be provided by an Originating Police Service to a HUB Police Service to assist with the electronic submission of fingerprints in support of a Vulnerable Sector check.

Identification of Originating Police Service

Date:

Name of Originating Police Service:                                                         

Insignia of Originating Police Service:

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

_________________________         
Signature

Originating Police Service mailing address:

Identification of Applicant

Name of Applicant:

Date of Birth of Applicant:

Originating Police Service verified identity of Applicant: YES____ NO____

Identification of Vulnerable Sector Position

Originating 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 Originating Police Service: YES____ NO____

Consent of Applicant

Applicant Consent obtained in writing by Originating 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 Originating 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:

HUB Police Service for electronic Vulnerable Sector check

Name and Address of Hub Police Service:

Signature of Applicant

I acknowledge that my fingerprints will be electronically transmitted by the above-mentioned HUB Police Service to the RCMP National Repository of Criminal Records in support of a Vulnerable Sector check. 

______________________________
Signature