Terms of Service (TOS)

Police Record Checks Terms of Service

Whereas the Toronto Police Service (TPS) is an authorized body for the purposes of section 6.3 of the Criminal Records Act, (R.S.C., 1985, c. C-47) (“Criminal Records Act”) and has statutory mandates and authorities to conduct Vulnerable Sector Checks (VSC or VSCs).

And whereas you, (the “Agency”) is seeking the TPS’s assistance for the purposes of conducting VSCs for individuals seeking employment, volunteering, application to, or continuance in an educational institution or program or any other purpose as set out by the Police Record Checks Reform Act (PRCRA).

And whereas the only VSC process used is a 3rd party verification process, which requires an Agency Code for an Applicant’s application.

The Agency, for the purposes of obtaining an Agency Code and for the purposes of using the TPS’s services, agrees to the following terms and conditions.

PURPOSE

This Terms of Service (or “agreement”) sets out the terms and conditions between the Agency and the TPS as it relates to Applicants applying for a VSC. By agreeing to this Terms of Service, the Agency is granted the time limited and revocable right, to obtain an Agency Code and VSC application form allowing an Applicant to obtain a VSC for employment, volunteering, application to, or continuance in an educational institution or program or any other purpose as set out by the PRCRA.

Any disclosure of information pursuant to this Terms of Service shall only be for the purpose of assisting the Agency to determine the suitability of potential candidates or existing employees for positions, paid or unpaid, having direct contact with Children or Vulnerable Persons.
DEFINITIONS

For the purposes of this Terms of Service, the following definitions apply:

“Agency” means your institution, business, group, or other organization, charitable, non-profit, for profit, or otherwise, which provides services to Children and/or Vulnerable Persons;

“Agency Code” means a unique code provided by TPS and used by the Agency to apply for a VSC

“Applicant” means an individual applying for a VSC for a position, paid or unpaid;

“Authorized Representative” means a person with legally binding signing authority for the Agency and who is 18 years of age or older;

“Children” means persons who are less than 18 years of age;

“Record Suspension” has the same meaning as defined and used under the Criminal Records Act;

“Toronto Police Service” or the “TPS” means the law enforcement agency that delivers police services to the City of Toronto in accordance with the Police Services Act, R.S.O. 1990 Chap. P-15 or any successor legislation;

“Volunteer” means a person whom performs a service but who receives no compensation for doing so other than an allowance for expenses or an honorarium, and excludes a person receiving some other form of credit such as academic credit or fulfilling a sentence requirement;

“Vulnerable Persons” means a person who, because of his or her age, a disability or other circumstances, whether temporary or permanent,
1. is in a position of dependency on others; or
2. is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them.
“Vulnerable Sector Check” or “VSC” has the same meaning as a vulnerable sector check as defined and used under the Police Record Checks Reform Act, 2015, S.O. 2015, c. 30
DISCLOSURE OF VULNERABLE SECTOR CHECK INFORMATION

Where the Agency requires a VSC from an Applicant, the TPS will only conduct the VSC if the Agency has agreed to this Terms of Service and the agreement has not expired, been revoked, or otherwise terminated.

The TPS will only disclose information obtained through a VSC to Applicants who duly execute a “Consent to Disclosure of Personal Information Form” (Application Form) requesting and authorising disclosure of information to themselves.

The TPS will not communicate the results of a VSC to the Agency.
LIMITS TO DISCLOSURE

The Agency acknowledges and agrees that the determination of whether an Applicant is suitable as an employee, Volunteer, or candidate rests entirely with the Agency. The Agency remains responsible for this determination of suitability irrespective of the existence or non-existence of any information derived from the police VSC. The TPS does not recommend, provide commentary, endorse, qualify, or disqualify any Applicant as to their suitability as an employee, Volunteer, or candidate with the Agency.

The Agency further acknowledges that the search and disclosure of information is based on the identifying information and personal descriptors provided by the Applicant and that the TPS does not warrant, nor guarantee, the VSC process will identify all existing information. The results of the VSC process will contain information up to the date of search and nothing in this Terms of Service shall be construed to be a continued obligation on the TPS to provide updated information to an Agency beyond the date(s) of a search. Nothing in this Terms of Service shall be construed to require the TPS to conduct periodic searches or searches in perpetuity for an applicant or Agency

The search and disclosure of information will be in accordance with applicable law. Where existing information may be known to an Agency or Applicant but is not otherwise revealed or disclosed as part of a VSC, this may be due to the requirements of applicable law, including, but not limited to following:
1. Police Record Checks Reform Act, 2015, S.O. 2015, c. 30
2. Criminal Records Act, R.S.C. 1985, c. C-47
3. Youth Criminal Justice Act, S.C. 2002, c. 1
4. Criminal Code, 1985, c. C-46
5. Freedom of Information and Protection of Privacy Act, R.S.O. 1990, CHAPTER F.31
6. Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M56
7. RCMP Dissemination of Criminal Record Information Policy
The Agency understands that information relating to an offence for which a Record Suspension (formerly a Pardon) has been granted may be available to persons or agencies responsible for the well-being of Children or Vulnerable Persons, and where an Applicant consents to release and under the following conditions:
1. The Applicant must provide fingerprints and consent to the dissemination of any information for which a Record Suspension has been granted. If the Applicant fails to do so, the application will not be processed; and,
2. Where:
  1. requested by an eligible person/agency;
  2. the Applicant completes the fingerprinting process with the RCMP Identification Services in Ottawa; and
  3. the Applicant consents in writing.
The Minister of Public Safety of the Ministry of the Solicitor General, may provide Record Suspension information to the TPS for disclosure. The decision is that of the Ministry, and not the TPS. Where Record Suspension information is provided to the TPS for disclosure, it may subsequently be disclosed by the TPS to the Applicant.

Any person or Agency who acquires Record Suspension Information shall not use it or communicate it except in relation to the assessment of the Applicant and in accordance with all applicable law.

Record Suspension information is generally not available in all other situations.
USE AND CONTROL OF INFORMATION BY AGENCY

In consideration of the disclosure of information by the TPS, if the Agency retains information, the Agency agrees that:
1. Any dissemination or disclosure of information shall only be for the purposes outlined in Section 1 of this Terms of Service;
2. The information obtained by the Agency will not be altered in any manner;
3. The information shall be destroyed (shredded/mulched/permanently deleted) after use or maintained in such a manner to prevent unauthorized access or unauthorized use; and
4. The information shall be retained, used, disclosed, or destroyed in accordance with all laws applicable to the Agency.
ROLES AND RESPONSIBILITIES

You, the Agency, agree to the terms and conditions of this entire agreement. Obligations specific to the Agency include, but are not limited to, the following:
1. The Agency will only ask Applicants to submit applications for a VSC if,
  1. The Agency has already screened or evaluated the Applicant for the position, utilizing the Agency’s established background screening process; and
  2. The Agency has extended a conditional offer to the Applicant for the position;
2. The Agency will provide the Agency Code or Application Form (with Agency Code) to an Applicant;
3. The Agency will advise each Applicant that the existence of information provided by the TPS does not necessarily result in the disqualification from the position;
4. The Agency will advise each Applicant that the TPS does not make a determination or recommendation as to the suitability of the Applicant for the position sought;
5. The Agency will communicate directly with the Applicant to obtain disclosure of the results of any police VSC provided to the Applicant;
6. The Agency agrees to keep their contact information up to date and shall notify the TPS forthwith in writing of any change of contact information. Notifications shall be sent to Toronto Police Service;
7. The Agency agrees that any “Agency Code” provided to it will be used strictly for the Agency’s sole purpose and its Applicants, and the Agency Code will not otherwise be shared or, disseminated ;
8. The Agency will immediately notify the TPS of any known breach or anticipated breach of any of the terms of this Terms of Service, whether by the Agency or the Applicant;
9. The Agency agrees it is their responsibility to renew and keep up to date their status as a registered Agency as part of the VSC process with the TPS. Failure to renew their agreement with the Terms of Service may result in the TPS not processing current or future applications for the Agency.
HUMAN RIGHTS TRAINING

The Agency hereby certifies that at least one Agency member, whose responsibilities include the review and assessment of the suitability of Applicants for positions within the Agency, has received training on the provincial Human Rights Code, R.S.O. 1990, c. H.19 and the Agency’s obligations thereunder with respect to offering employment or Volunteer opportunities and has read, where applicable, the current Human Rights Commission Policy that is applicable to this issue.
FEES

Fees will be in accordance with the TPS fee Schedule located at www.tps.to/police-checks and may be subject to change and as such, please visit the TPS’s website for up-dated information in this regard.
TERM, RENEWAL, AND TERMINATION AND BREACH

The Agency or the TPS may terminate this Terms of Service upon providing thirty (30) days written notice to the other. Agency accounts inactive for three (3) years, will be terminated by TPS without notice to the Agency.

In the event of a breach by the Agency of any of the terms or provisions of this Terms of Service, the Agency shall notify the TPS of the alleged breach and the Agency shall have 14 days to correct the breach. If the nature of the breach is such that it requires a longer period of time for it to be corrected, and if the Agency has promptly initiated efforts to correct the breach and is continuing the actions necessary to correct the breach, an extension shall be provided. If the Agency has not corrected the breach within the 14-day period, or has not initiated and continued its efforts to correct the breach within such period when the nature of the breach requires a longer time to be corrected, the TPS shall have the right to terminate this Terms of Service.
AMENDMENTS TO TERMS OF SERVICE

This Terms of Service may be amended from time to time, and at any time, at the sole and unfettered discretion of the TPS.

Notification of amendments will be provided by the TPS to the Agency via email. The Agency is responsible for keeping their contact information up to date in order to effect such notification and/or other communications, generally.

The Agency will be required to review and agree to amendments of the Terms of Service and/or a new Terms of Service prior to receiving a new Agency Code for use. Old Agency Codes will be void, at a minimum, with each amendment or new Terms of Service coming into effect.

The Agency is encouraged to check TPS’ “Notice of Amendments to Terms of Service” (Click here to check for amendments) from time to time for the latest updates on the VSC process.
WAIVER

No action, omission, or failure to act by the TPS shall constitute a waiver of any rights afforded to the TPS under this Terms of Service nor shall any action, omission, or failure to act constitute an approval of, or acquiescence in, any breach thereunder by the Agency or any person, except as may be specifically agreed to in writing.
INDEMNITY

The Agency shall indemnify, defend and hold harmless the TPS, the Chief of Police, the Toronto Police Services Board, and all of their respective employees, agents, officials, successors, and assigns from all claims, loss, damages, demands, and expenses arising directly or indirectly out of the provision or use of the services or information provided by the TPS pursuant to this Terms of Service, provided the claim, loss, damage, demand, or expense was not the result of negligence on the part of the TPS.
GOVERNING LAW

This Terms of Service and the rights, obligations of the Agency and the TPS shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The Agency and the TPS agree that the Courts of Ontario shall have jurisdiction to entertain any action or other legal proceedings based on any provision of this Terms of Service. The Agency and the TPS do hereby attorn to the jurisdiction of the Courts of the Province of Ontario.
GENERAL

Words used in the singular include the plural and the plural includes the singular if the context requires, unless otherwise specifically stated.

Forrest Green Solutions is the 3rd party vendor contracted by the TPS to provide an online solution for VSCs, amongst other types of police reference checks. You may therefore receive email communications from this organization in relation to this initiative through Toronto Police Service.
SURVIVAL

Clauses 5, 11, 12, and 13 shall survive the termination or expiry of this Terms of Service.
NOTICE

Any correspondence, request, notice, or report to be given or made pursuant to this Terms of Service shall be made in writing and addressed to:

Assistant Manager, Information Access

Toronto Police Service

Police Reference Check Program

40 College Street, 4th Floor

Toronto, Ontario M5G 2J3
ACKNOWLEDGEMENT AND ACCEPTANCE

I am an authorized representative with signing and binding authority for the Agency. I acknowledge that I have read and understood this Terms of Service. I accept, and agree that the Agency will abide by this Terms of Service. The Agency accepts all associated charges related to the TPS conducting VSCs for the Agency’s benefit and I represent and acknowledge that payment of fees will be made in accordance with the required terms outlined on all invoices associated with VSCs processed by the TPS for the Agency.

2023-08-30