Professions in certain fields such as, health care and real estate are regulated professions that typically require a criminal background check during the application process and afterwards once employed.
For individuals who have been previously charged with a criminal offence or are facing criminal offence charges this can present a predicament.
Depending on how their matter resolved, they may not have a conviction registered against them but still may be required to disclosure information about their criminal offence history.
For instance if their matter had resolved via a peace bond, discharge or conditional discharge they would not have a conviction or finding of guilt registered against them but would nonetheless have a criminal record.
Depending on the criminal background check required for their profession this information may or may not be revealed during the official criminal background check.
For instance people who work with children and in healthcare may be required to get a vulnerable sector check, which would reveal such information as a peace bond or discharge.
Such entries in an individual’s criminal records may not be revealed via a simple criminal background check, the individual may still be asked if they have ever been arrested and charged with a criminal offence previously as part of the application process.
For example question 7 on the real estate agent application asks if you have ever been charged with a criminal offence.
In circumstances such as these individuals whose criminal offences resolved via a peace bond, withdrawal or discharge may be tempted to not disclosure the information.
Further, once employed in certain fields, the regulatory body of that profession may require them to inform the regulatory body should they be arrested and charged with a criminal offence, and of how their matter eventually resolves.
In these circumstances, if someone fails to honestly disclosure their criminal background it is possible that they may be charged with a criminal offence under the provincial offences act.
Real estate agents who fail to disclosure information about their criminal offence history or information about new criminal offence charges may be charged under section 32 of theReal Estate and Business Brokers Act, 2002Brokerages and their Employees
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Disclosure by brokers and salespersons to brokerages
32. (1) A broker or salesperson who is registered as a broker or salesperson shall, at the earliest practicable opportunity, disclose the following matters to the brokerage with which he or she is employed:
1. Any ownership interest that the broker or salesperson has in another brokerage.
2. Any conviction, absolute discharge or conditional discharge received by the broker or salesperson for an offence under any Act.
3. Any professional discipline proceeding under any Act that resulted in an order against the broker or salesperson.
4. Revoked: O. Reg. 61/07, s. 4.
O. Reg. 567/05, s. 32 (1); O. Reg. 61/07, s. 4.
(2) Revoked: O. Reg. 61/07, s. 4.
(3) A broker or salesperson who is registered as a broker or salesperson and who communicates with another brokerage with respect to possible employment with the other brokerage shall, at the earliest practicable opportunity, disclose the matters referred to in subsection (1) to the other brokerage. O. Reg. 567/05, s. 32 (3).
(4) Revoked: O. Reg. 61/07, s. 4.
(5) A broker or salesperson who is not registered as a broker or salesperson shall disclose the matters listed in paragraphs 1, 2 and 3 of subsection (1) to a brokerage that is a prospective employer. O. Reg. 567/05, s. 32 (5).
While provincial offences are regulatory in nature and not as serious as criminal offence charges under the Criminal Code of Canada, they can still carry serious consequences such as a loss of professional licence.
If you have been charged with a criminal offence contact Kostman and Pyzer, Barristers today for your free consultation!
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