Who is responsible for identifying positions that require a CRC and ensuring that CRCs are completed appropriately?
The hiring manager and/or administrator of all departments and faculties at UBC are responsible.
For positions requiring a CRC, am I required to inform applicants that a CRC is part of the recruitment process?
Yes. Prospective employees who are contacted for interviews must be informed that a pre-employment CRC is required as part of the recruitment process, and that any offer of employment is contingent pending results of the CRC.
Can I require an applicant to complete a CRC authorization before I’ve made an offer of employment?
No. You can only require an applicant to authorize a CRC once you have offered them a position.
Can a new employee start working prior to UBC receiving the CRC report?
As long as a prospective employee has completed a CRC authorization and that authorization has been submitted to the Criminal Records Review Program (CRRP) for review, a new employee can commence work.
Note: this response differs from the information outlined in the November memo where it was stated that a new employee must not start work until a response to the CRC request had been received from the Ministry. While this direction was made out of an abundance of caution, the CRRA does allow for prospective employees to commence work while awaiting a response from the Ministry.
What if an employee refuses to provide authorization for the criminal records check?
Departments must not employ an applicant in a job that involves working directly with children or vulnerable adults, or has or potentially has unsupervised access to children or vulnerable adults in the regular course of duties, unless the applicant has provided the criminal record check authorization. Given that the applicant was informed that any offer of employment is contingent pending results of the CRC, refusal renders the offer void. The refusal must be documented.
An employee who works with children directly or has or potentially has unsupervised access to children in the regular course of their duties must have provided a CRC authorization to his or her employer before Dec. 31, 2010, and at least once every five years after the date on which the authorization is provided in compliance.
An employee who works with vulnerable adults directly or has or potentially has unsupervised access to vulnerable adults in the regular course of their duties must provide a CRC authorization to his or her employer before June 30, 2011, and at least once every five years after the date on which the authorization is provided in compliance.
If an employee has not provided a CRC authorization by the applicable date, the department must ensure that the employee does not work with children or vulnerable adults until they have provided the criminal record check authorization. This may necessitate a leave of absence without pay, or a reassignment where possible.
Who is responsible for the CRC processing fee?
Each department is responsible for paying the processing fee for their employees regardless if the application is for an existing employee or a prospective employee who has received a conditional offer of employment. Childcare Services is the exception based on a long-standing practice of paying for existing employees only.
How often are existing employees required to provide a CRC?
All staff and faculty in positions that require a CRC will need to undergo a check every five years.
What if an existing employee is convicted of an offense between checks? Is the employee required to disclose the conviction?
If an employee is charged with or convicted of a relevant offence subsequent to a CRC, the employee must promptly report the charge or conviction to the department and provide to the department a CRC authorization for a further CRC.
Alternatively, if a department becomes aware that an employee has an outstanding charge for, or has been convicted of, a relevant offence, the department must require the employee to provide a criminal record check authorization for a further criminal record check. Contact your Human Resources Advisor or Faculty Relations Manager if the CRC has identified any outstanding charges or convictions that are relevant.
What is a “relevant” charge or conviction?
The list of relevant offenses that are reviewed as part of the CRC can be viewed on the BC Ministry of Public Safety and Solicitor General website.
How do I know if staff or faculty has met the CRC requirement through their professional governing body?
Faculty and staff belonging to a professional body will have satisfied the CRC requirement already as it is a condition of membership. UBC does not require an additional CRC but does require proof of current practicing membership in one of the following professional governing bodies:
- B.C. British Columbia Association of Podiatrists
- Board of Examiners in Optometry
- British Columbia College of Chiropractors
- British Columbia College of Pharmacists
- British Columbia College of Social Workers
- British Columbia College of Teachers
- College of Dental Hygienists of B.C.
- College of Dental Surgeons of B.C.
- College of Denturists of B.C.
- College of Dietitians of British Columbia
- College of Licensed Practical Nurses of B.C.
- College of Massage Therapists of B.C.
- College of Midwives of B.C.
- College of Naturopathic Physicians of B.C.
- College of Occupational Therapists of B.C.
- College of Opticians of B.C.
- College of Physical Therapists of B.C.
- College of Physicians and Surgeons of B.C.
- College of Psychologists of British Columbia
- College of Registered Nurses’ of British Columbia
- College of Registered Psychiatric Nurses of
- College of Traditional Chinese Medicine Practitioners and Acupuncturists of B.C.
A copy of such membership must be retained by the department. Proof of membership will be required every five years.
Does an employee who resigned from the university but returned within five years need a new CRC?
Yes. The department will need to submit a new CRC authorization and follow the same process for new employees.
What if the CRC indicates a conviction for a prospective employee?
Information obtained about a prospective employee through a CRC is confidential and must be considered in context. The presence of a conviction does not necessarily mean that someone should not be confirmed into a position. There are legal considerations that include such factors as the core of the issue to the prospective employment. These need to be evaluated, and no offer of employment should be rescinded without a review by Employee Relations. Hiring managers and administrators should contact either their Human Resources Advisor for assistance with staff CRCs or their Faculty Relations Manager for assistance with faculty CRCs.
Our department conducts summer camps for school-age children. Do UBC camp staff need a CRC?
Yes. If they work directly with children or vulnerable adults, or they have or potentially have unsupervised access to children or vulnerable adults, they are required to have a CRC.
How does the university keep track of positions that require a CRC?
Currently, the department of Human Resources (Employee Relations Assistant) records all staff/faculty/student employee CRC confirmations on the Human Resources Management System (HRMS), including the expiry date. This is contingent on HR receiving the documentation from administrators and hiring managers. Please note that the university is subject to audits and it is imperative that documentation is complete.
In addition, Human Resources will transfer the information from HRMS to the Position Management System. A field exists in the Position Management System that is required for all staff and faculty. If Human Resources cannot identify a position because the position is a “pooled position,” you will be contacted by a Human Resources Associate who will help you through the process of identifying a separate position. (At this time, student positions and “99” positions will not be tracked in Position Management)
When you create a new position on Position Management, you will be prompted with the following question:
Does this position require UBC to conduct a Criminal Record Check?
Yes or No
Human Resources is creating a new query that will allow you to create a report of all positions that require a CRC in your unit. Once you are able to make this query you can run the report and check that all the positions identified are accurate and that the information is fulsome.
Human Resources will be exploring improvements to this process which might eventually include:
- CRC data entered through either e-Recruit or e-Forms
- CRC confirmations uploaded by Managers
- Letters of offer customized for those filling positions that require CRCs