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Ontario Police Record Checks Reform Act, 2015 to Come into Force on November 1, 2018

As we previously reported, the Ontario government unanimously passed the Police Record Checks Reform Act, 2015 (the "Act") on December 1, 2015. Since being passed in 2015, the Act was pending proclamation into law. On April 25, 2018, the Lieutenant Governor issued an Order in Council proclaiming the Act will come into force on November 1, 2018 — almost three years after being passed.

The Act limits the types of information that can be released in each of three different types of police record checks. Notably, it prohibits disclosure of mental health records and records from police "carding" checks and other non-conviction records, except in limited circumstances. It also standardizes the disclosure procedure. A detailed explanation of the types of police record checks, limits on disclosure of mental health and non-conviction information, as well as standardized disclosure practices can be found in our earlier bulletin, "Ontario Passes Police Record Checks Legislation."