Vulnerable Sector Checks
Introduction / Background
In 2006, the TMM Directors were advised by TMM’s insurance company that guidelines and procedures, including Police Checks ("Vulnerable Sector Checks"), were required for staff and volunteers working with children.
In the following years, The TMM Sexual Abuse and Harassment Committee developed a detailed protocol for working with children and vulnerable adults, specifying which volunteers and staff members require Vulnerable Sector Checks, and detailing the process of Vulnerable Sector Check application.
This work was done with attention to:
a) The requirements of TMM’s insurance company
b) Concern for the care of children and vulnerable adults
c) Concerns about the ethics and efficacy of the Police Check requirements, specifically, those noted by the Canadian Civil Liberties Association: (https://ccla.org/recordchecks/) and the John Howard Society of Ontario (https://johnhoward.on.ca/wp-content/uploads/2014/11/On-the-Record-2-FINAL.pdf)
Application Procedure
(The complete application procedure details are listed in the protocol, Appendix E: Police Checks.)
1. Before submitting an application, applicants must read and understand the TMM Police Check Cover Letter.
2. Applicants must then fill out and submit a TMM Vulnerable Sector Consent Form.
3. Using the TMM "agency code" provided by the TMM office, a Vulnerable Sector Reference Check can then be made with the police via one of two methods:
a) Online, via the TPS website
b) Manually, by filling out and signing this form and returning to the TMM office along with two clear copies of government-issued ID.
If you use method a), you will be required to submit a payment of $71.72 by credit card and submit the receipt to TMM for reimbursement. If you use method b), TMM will cover the cost upfront, and you will be required to provide a copy of two pieces of government-issued ID. One must include your photograph and signature, and one must include your full name and date of birth. Note that Ontario Health Cards cannot be accepted for identification purposes.
4. The Toronto Police Service will send the resulting report directly to the applicant. This may take 6-8 weeks.
5. The applicant then brings the original report to the TMM Police Check Manager or a designate within a reasonable amount of time.
6. The original report and any decision notes are stored in a locked file and a copy is given to the applicant.
If the applicant has questions, they can contact the TMM Police Check Manager.
Frequently Asked Questions
Q. What information is searched for with a Vulnerable Sector Check?
A. The Vulnerable Sector check searches for:
• Any convictions anywhere in Canada
• Sexual offences anywhere in Canada where there has been a charge but no
conviction
• Anything that happens with the police in Toronto (or the local jurisdiction)
Q. How long is a VS check valid for?
A. Checks are valid for three years.
Q. What results would prevent an individual from working with children or vulnerable adults?
A. If results of such a check reveal certain classes of convictions (e.g. violent or sex-related crimes, child pornography, abandonment or endangerment of a child, or fraud, where applicable) this will automatically preclude an individual from becoming an officer of the Meeting, obtaining employment in Friends House, or filling a volunteer position of trust with children or vulnerable adults.
Q. What if an offence is found for which a pardon has been granted?
A. In some cases, the existence of an official pardon will be taken into consideration by the Directors.
Q. What about other convictions?
A. An individual with a criminal history in other circumstances not including pardons may be considered eligible for a position at the discretion of the Directors if the convictions are not related to the tasks of the position. The Personnel Committee will be consulted in the case of an employee or potential employee.
Q. What if I don’t live in Toronto?
A. The Toronto Police Service can only do these checks for those who live in Toronto. For those currently or recently living in other jurisdictions, enquire at the appropriate Police Service.
Q. What happens in cases of non-compliance with requirement for a Vulnerable Sector Check?
A. Failure to have a required police records or vulnerable sector check carried out or refusal to present the results of such a check will preclude an individual from becoming an officer of the Meeting, obtaining employment in Friends House, or filling a volunteer position of trust with children or vulnerable adults.
Q. Who has access to the information about the results of Vulnerable Sector or other Police Checks?
A. The individuals who may have access to information about Police Checks are:
Q. Are there legal limits on when a Vulnerable Sector Check can be asked for?
A. A Vulnerable Sector Check can be legally provided only if:
• the request is made by a person or organization responsible for the well-being of a child or
vulnerable person;
• the request is made in the context of a specific application for a paid or volunteer position;
• the position being applied for is one of trust or authority towards a child or vulnerable
person; and
• the applicant has given their consent in writing
In 2006, the TMM Directors were advised by TMM’s insurance company that guidelines and procedures, including Police Checks ("Vulnerable Sector Checks"), were required for staff and volunteers working with children.
In the following years, The TMM Sexual Abuse and Harassment Committee developed a detailed protocol for working with children and vulnerable adults, specifying which volunteers and staff members require Vulnerable Sector Checks, and detailing the process of Vulnerable Sector Check application.
This work was done with attention to:
a) The requirements of TMM’s insurance company
b) Concern for the care of children and vulnerable adults
c) Concerns about the ethics and efficacy of the Police Check requirements, specifically, those noted by the Canadian Civil Liberties Association: (https://ccla.org/recordchecks/) and the John Howard Society of Ontario (https://johnhoward.on.ca/wp-content/uploads/2014/11/On-the-Record-2-FINAL.pdf)
Application Procedure
(The complete application procedure details are listed in the protocol, Appendix E: Police Checks.)
1. Before submitting an application, applicants must read and understand the TMM Police Check Cover Letter.
2. Applicants must then fill out and submit a TMM Vulnerable Sector Consent Form.
3. Using the TMM "agency code" provided by the TMM office, a Vulnerable Sector Reference Check can then be made with the police via one of two methods:
a) Online, via the TPS website
b) Manually, by filling out and signing this form and returning to the TMM office along with two clear copies of government-issued ID.
If you use method a), you will be required to submit a payment of $71.72 by credit card and submit the receipt to TMM for reimbursement. If you use method b), TMM will cover the cost upfront, and you will be required to provide a copy of two pieces of government-issued ID. One must include your photograph and signature, and one must include your full name and date of birth. Note that Ontario Health Cards cannot be accepted for identification purposes.
4. The Toronto Police Service will send the resulting report directly to the applicant. This may take 6-8 weeks.
5. The applicant then brings the original report to the TMM Police Check Manager or a designate within a reasonable amount of time.
6. The original report and any decision notes are stored in a locked file and a copy is given to the applicant.
If the applicant has questions, they can contact the TMM Police Check Manager.
Frequently Asked Questions
Q. What information is searched for with a Vulnerable Sector Check?
A. The Vulnerable Sector check searches for:
• Any convictions anywhere in Canada
• Sexual offences anywhere in Canada where there has been a charge but no
conviction
• Anything that happens with the police in Toronto (or the local jurisdiction)
Q. How long is a VS check valid for?
A. Checks are valid for three years.
Q. What results would prevent an individual from working with children or vulnerable adults?
A. If results of such a check reveal certain classes of convictions (e.g. violent or sex-related crimes, child pornography, abandonment or endangerment of a child, or fraud, where applicable) this will automatically preclude an individual from becoming an officer of the Meeting, obtaining employment in Friends House, or filling a volunteer position of trust with children or vulnerable adults.
Q. What if an offence is found for which a pardon has been granted?
A. In some cases, the existence of an official pardon will be taken into consideration by the Directors.
Q. What about other convictions?
A. An individual with a criminal history in other circumstances not including pardons may be considered eligible for a position at the discretion of the Directors if the convictions are not related to the tasks of the position. The Personnel Committee will be consulted in the case of an employee or potential employee.
Q. What if I don’t live in Toronto?
A. The Toronto Police Service can only do these checks for those who live in Toronto. For those currently or recently living in other jurisdictions, enquire at the appropriate Police Service.
Q. What happens in cases of non-compliance with requirement for a Vulnerable Sector Check?
A. Failure to have a required police records or vulnerable sector check carried out or refusal to present the results of such a check will preclude an individual from becoming an officer of the Meeting, obtaining employment in Friends House, or filling a volunteer position of trust with children or vulnerable adults.
Q. Who has access to the information about the results of Vulnerable Sector or other Police Checks?
A. The individuals who may have access to information about Police Checks are:
- the applicant
- the Directors and their designates
- in the case of staff, the members of Personnel Committee
Q. Are there legal limits on when a Vulnerable Sector Check can be asked for?
A. A Vulnerable Sector Check can be legally provided only if:
• the request is made by a person or organization responsible for the well-being of a child or
vulnerable person;
• the request is made in the context of a specific application for a paid or volunteer position;
• the position being applied for is one of trust or authority towards a child or vulnerable
person; and
• the applicant has given their consent in writing