Police record check providers must now meet prescribed service standards, with liability shields for non-compliance

Plain-language summary · AI-assisted

The Act now requires police record check providers to comply with any service standards set by regulation, including potential timeframes for completing checks. A new section explicitly blocks most legal claims — including damages, injunctions, and arbitral awards — against the Crown or any other person if those standards are not met; judicial review, constitutional remedies, and proceedings under the Act itself remain available. The Minister gains new regulation-making powers to set those standards and require providers to report on their compliance publicly. Separately, the exemption that previously excluded children's aid society background checks from the Act's scope has been repealed, meaning those searches are no longer carved out. The language describing which summary convictions are withheld after five years has been clarified to cover offences prosecutable only by summary conviction proceedings.

Who this affects
police record check providers · organizations requesting background checks · children's aid societies · individuals subject to police record checks · employers and volunteer organizations relying on record checks