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Police Record Check Exception Procedure

Introduction

Police Record Checks (PRCs) and, in Manitoba and Nova Scotia, Child Abuse Registry Checks (CARs), are mandatory for all applicants 18 years of age and older. A Vulnerable Sector Search (VSS) must be part of this PRC process. Scouts Canada only accepts clean PRCs and CARs.

A clean police record check means: 

  1. No criminal record as defined by the Criminal Records Act

  2. No pardon(s) for a sexual offence as set out in the recent amendments of the Criminal Records Act

  3. No outstanding criminal charge(s), including stayed charges

  4. No order(s) made in the interest of safety under the Criminal Code, which would restrict the applicant’s access to weapons, firearms, explosives or other prohibitions

  5. No contact, access or behaviour restriction(s), including Peace Bonds, with any person

  6. No order(s) made under the child protection legislation, which is intended to restrict the applicant/member’s access to children

In exceptional circumstances, we will grant an exception and accept a PRC with VSS or CAR check that does not meet these requirements.

Normally, it takes two weeks for a request for an exception to be decided.

Our Procedure

1.     Should an applicant disclose that their PRC or CAR will not meet the requirements, the responsible Commissioner will determine the nature of the offence(s) and whether to apply for an exception or not. 

2.   The applicant will submit the following documents to the Council Relationships Manager:

  1. Their PRC showing the applicable conviction and disposition (CAR check will require notice of a ‘Not Clear’ result)

  2. A reference letter from the responsible Commissioner (other reference letters may be submitted)

  3. A letter from the applicant explaining the nature of the offences and why they believe they should be appointed as a Scouter

3.   PRCs that reflect one of the following categories of offences and subject to the conditions identified below will be reviewed by the Council Key 3 (Council Commissioner, Council Youth Commissioner and Council Relationships Manager).

          Categories of offences:

  1. Driving offences – driving while impaired, refusing to provide a suitable sample or submit to an evaluation as required by the Criminal Code

  2. Property offences – theft or fraud under $5,000

  3. Drug possession offences – specifically limited to personal use of non-prescription marijuana and to instances in which the individual was 25 years of age or younger at the time of the offence

    Conditions:

  4. The conviction must be at least seven years old.

  5. There was no period of incarceration involved.

  6. There can only be one conviction per candidate on the PRC.

  7. There can only be one exception per candidate.

4.   The Council Key 3 decides whether to grant an exception or not.

5.   The Council Key 3 will notify the applicant and responsible Commissioner of the decision.

6.   The Council Relationships Manager will communicate the Council Key 3’s decision to the Director of Safe Scouting, submitting:

  1. Applicant’s documents

  2. Council Commissioner’s letter

7.   When the request is within the scope of the Council Key 3’s authority, its decision is final.

8.   When the request for an exception is beyond the authority of the Council Key 3, the Council Relationships Manager will submit the applicant’s documents to the Director of Safe Scouting, who will refer the request to the PRC Review Committee. All CAR exception requests must be directed to the review committee for consideration.

9.   The Scouts Canada PRC Review Committee will notify the Council Key 3 of its decision.

10.  The Council Key 3 will notify the applicant and the responsible Commissioner.

11.  The decision of the PRC Review Committee is final.

 

Related Policies & Standards

 

Related Procedures

 

Resources 

 

Approved

June 5, 2020

Effective Date

March 2, 2019

Updates

V2: June 5, 2020 — Updated to include the requirement for provincial based Child Abuse Registry checks (CAR) for the residents of Manitoba and Nova Scotia.

Uncontrolled When Printed: When printed, document cannot be guaranteed to have the current information and should be used with caution. This document is marked “uncontrolled” and the user is responsible for determining if the current version is active. To find the most updated version, please refer to Scouts Canada BP&P on Scouts.ca.