Administrative Procedures

Administrative Procedure 410

Criminal Record Check & Disclosure of Criminal Charges

Background

As a measure to enhance the safety of students and staff, all employees of the Lloydminster Public School Division shall be required to supply information from a criminal records check, including the vulnerable sector check, and report any criminal charges as conditions of employment.

Procedures

1. All persons offered employment with the Lloydminster Public School Division shall be required to provide a criminal record check, including the vulnerable sector check, from a local law enforcement agency, before commencing employment. This criminal record check is required to be three (3) months old or less in order to be accepted.
   1. If a criminal record check cannot reasonably be obtained before the expected start date of employment, the employee shall complete Form 410-1, which will be used in place until a criminal record check is supplied to the Director of Education or designate. If the criminal record check is not satisfactory upon being supplied to the Director of Education or designate, the individual’s employment will cease immediately.
   2. The criminal record check shall refer to police information located on computer systems, (ie: Police Information Retrieval System (PIRS) and Canadian Police Information Centre (CPIC).
2. Where the criminal record check discloses possible criminal convictions, outstanding charges, or the suspicion of criminal activity:
   1. The prospective employee will be given an opportunity to provide to the Director of Education or designate further information or clarification concerning the information disclosed in the record; and,
   2. The prospective employee may be required to provide to the Director of Education details of the record as disclosed by a fingerprint search of the central registry before commencing employment.
3. Employment shall be contingent upon the receipt of results of the criminal record check satisfactory to the Director of Education.
4. Should the information revealed by the criminal record check, in the sole opinion of the Director of Education, not be satisfactory, the Director of Education may withdraw a pending offer of employment, or may terminate the employment of the individual who has been hired, pending receipt of the criminal record check information.
5. Employees, contract employees, interns, and practicum students shall be responsible for notifying the Director of Education, in writing, not later than two (2) days after having been charged with an offense under the Criminal Code (Canada), The Food and Drugs Act (Canada), or The Controlled Drugs and Substance Act (Canada).
6. Upon receipt of the information, the Director of Education shall investigate the circumstances.
7. Failure to disclose charges, provide a written statement, or submission of inaccurate, false, or misleading statements, constitutes grounds for disciplinary action up to and including termination of employment in accordance with the employee’s contract.
8. Subject to the provisions of The Education Act, 1995 and the provisions of the collective agreement or contract of employment, the Lloydminster Public School Division may, in its discretion, transfer, reassign, or terminate the employment of an employee following the investigation of the Director of Education.
9. All information obtained from any criminal record check or subsequent investigation shall be kept confidential.
10. Any costs for obtaining these records will be borne by the individual seeking employment with the Lloydminster Public School Division.

Reference
Section 85, 87, Education Act, 1995
The Criminal Code Act of Canada
The Criminal Records Act
The Food and Drugs Act
The Controlled Drugs and Substances Act

Revised
October 2015
August 2023