Why Background Checks Matter for Employers

Hiring the wrong person can put vulnerable populations at risk, create legal liability, and damage your organization’s reputation.

Background checks, including VSCs, help employers make informed decisions. Key benefits include:

• Protect students and staff: Confirm candidates are suitable for roles involving trust and authority
• Ensure compliance: Meet Ontario regulations and legal obligations
• Reduce risk: Avoid incidents that could lead to lawsuits or reputational harm
• Streamline hiring: Identify potential red flags early in the recruitment process

By incorporating VSCs and Enhanced Criminal Record Checks into your hiring process, employers demonstrate due diligence and safeguard everyone in their care.

What Is a Vulnerable Sector Check?

For employers, a Vulnerable Sector Check is a specialized screening tool that goes beyond a standard criminal record check. It provides a targeted look into a candidate’s history, identifying offences that could make them a risk to vulnerable populations such as children, seniors, or individuals with disabilities. Only police services can issue an official VSC.

Components employers receive:

• Criminal Record Check: Shows any criminal convictions registered across Canada
• Pardoned Sexual Offences: Flags sexual offences for which a record suspension (pardon) was granted
• Additional Relevant Police Information: Some police services provide info about ongoing investigations, charges, or other matters relevant to the role.

Why VSCs Matter for Hiring

Positions that require a VSC often involve frequent, unsupervised, or one-on-one contact with vulnerable individuals. By reviewing a VSC, employers can:

• Identify potential risks early
• Demonstrate due diligence and protect the organization legally
• Support compliance with Ontario laws, including the Education Act and Ontario Regulation 521/01
• Maintain trust with parents, guardians, staff, and the broader community

Who Needs a Vulnerable Sector Check?

Ontario law mandates VSCs for certain positions. For employers, understanding which roles require screening helps meet legal obligations, protect vulnerable populations, and mitigate risk.

Teachers and Educational Staff

All new hires must submit criminal background information, including a Vulnerable Sector Police Check, to comply with the Education Act. This includes classroom teachers, support staff, educational assistants, and administrators who interact directly with students. By ensuring you screen these roles, employers reduce the risk of placing staff in positions where students could be vulnerable to harm.

Coaches and Sports Volunteers

Anyone working directly with children in sports programs, leagues, or community recreational activities should undergo a VSC. This includes head coaches, assistant coaches, team managers, and volunteers who have unsupervised access to minors. 

Children’s Aid Society Employees

Staff and volunteers working with children in care or protective services must submit a VSC. Because these roles often involve vulnerable youth, thorough screening is critical to meet regulatory standards and demonstrate a commitment to child safety.

Healthcare Providers

Professionals working with vulnerable patients, including children, seniors, or individuals with disabilities, may be required to provide a VSC. Hospitals, clinics, and long-term care facilities rely on these checks to ensure that anyone in a position of trust does not pose a risk.

Evaluating Borderline or Volunteer Roles

Not all positions are automatically prominent. Employers must carefully consider whether a VSC is necessary for roles that occasionally interact with vulnerable populations. By proactively assessing these borderline cases, HR teams and administrators avoid oversight that could create legal exposure or put susceptible populations at risk:

• After-school program volunteers: Even if they interact for only a few hours per week, request a VSC when they have unsupervised access to children
• Substitute or guest teachers: Request a background check for teachers or a VSC before assigning temporary staff who move between classrooms and programs
• Field trip chaperones: Screen volunteers or staff who accompany students on outings and have unsupervised access
• Tutors or mentors: Include a VSC for programs pairing staff or volunteers with one-on-one mentoring relationships

Why Employers Can’t Skip VSCs

Skipping required VSCs can expose organizations to

• Legal liability: Employers have a duty-of-care obligation. Failure to screen staff properly can result in lawsuits if harm occurs.
• Regulatory violations: Non-compliance with Ontario laws, including the Education Act, can lead to penalties or investigations.
• Reputational damage: Parents, guardians, and community members expect that staff working with vulnerable populations are thoroughly vetted.

The Legal Framework for Employers

Employers must comply with Ontario regulations when requesting background checks.

Ontario Regulation 521/01 under the Education Act mandates that school boards collect criminal background checks, including VSCs, for all employees and service providers with direct and regular contact with students (ontario.ca).

What this means for employers:

• Collect the appropriate checks before offering a position
• Ensure your HR team handles all documentation securely and in compliance with privacy laws
• Maintain clear records to demonstrate due diligence if your hiring decisions are questioned

How Employers Should Request a Vulnerable Sector Check

Getting a Vulnerable Sector Police Check involves a clear process. Employers who understand the steps can prevent delays and ensure proper candidate screening. 

Step 1: Confirm the Role Requires a VSC

Identify positions involving direct, unsupervised interaction with vulnerable populations. Document the reasoning for requiring a VSC to maintain legal compliance.

Step 2: Submit the Request to the Local Police Service

Provide candidate information as required by the police service. Ensure candidates supply valid identification.

Some positions may require fingerprints if there’s a potential match with a pardoned sexual offence record.

Step 3: Track Processing

Processing times vary; request VSCs well before the candidate’s start date. Some police services offer online submissions to save time.

Understanding Enhanced Criminal Record Checks for Employers

Hire Performance offers E-PICs, which provide a fast, comprehensive alternative to supplement official police-issued VSCs.

What employers receive in an Enhanced Criminal Record Check:

• Criminal Record Check: Identifies any criminal convictions
• Police Information Check: Includes local police records and judicial matters
• Vulnerable Sector Screening: Flags pardoned sexual offences where applicable

Best Practices for Employers

Employers can reduce risk, save time, and maintain compliance by following a structured approach to screening:

• Request early: Submit background checks well before candidate start dates
• Keep detailed records: Document all requests, communications, and results
• Train managers: Ensure supervisors understand which positions require a VSC and the legal implications
• Centralize screening: Utilize HR or a platform like Hire Performance to manage checks, rather than relying on individual managers
• Maintain neutral communication: Avoid sharing negative or speculative information during hiring decisions

How Hire Performance Simplifies Screening

Hire Performance makes the screening process easier, faster, and more reliable for employers by:

• Streamlining criminal, employment, and education verifications
• Automating candidate consent and reference collection
• Providing a single, privacy-compliant platform
• Reducing administrative burden while keeping hiring compliant

FAQs for Employers

Can employers request a Vulnerable Sector Check online?

Yes. Many police services in Ontario offer online applications. HR teams should check the local police service website for instructions.

How long is a VSC valid for hiring purposes?

Typically six months to one year, depending on organizational policy. Employers should consider re-checking long-term staff periodically.

What happens if the check reveals a record?

Employers assess the nature of the offence and its relevance to the role. Not all records automatically disqualify a candidate, so decisions should be documented and consistent with organizational policy.

Can employers rely solely on an Enhanced Criminal Record Check?

No. Only police services can issue an official VSC. E-PICs supplement the screening process, helping HR teams gather comprehensive information efficiently.

How often should employees be re-screened?

Best practice suggests re-checking staff and volunteers every 3–5 years, or sooner if organizational policies or legal requirements change. Frequent re-screening helps maintain safety over time.

Can an employer request a VSC for contractors or third-party service providers?

Yes. Anyone with unsupervised access to vulnerable populations, including contractors or external service providers, should be screened to reduce legal risk and ensure consistent safety standards.

What should HR do if a candidate refuses consent for a VSC?

If a candidate declines, employers cannot proceed with roles that legally require a VSC. Document the refusal and communicate clearly that access to vulnerable populations cannot be granted without a proper check.

Are there limits on storing VSC or E-PIC results?

Yes. Employers must store sensitive information securely, limit access to HR personnel, and comply with privacy laws. Destroy or archive results according to organizational policy once you no longer need the data.

Safe Hiring Starts with the Right Checks

Employers in schools, volunteer programs, and children’s aid organizations can protect students and staff by requesting Vulnerable Sector Checks and Enhanced Criminal Record Checks. 

Stay ahead, hire confidently, and keep your organization safe — use Hire Performance’s Enhanced Criminal Record Checks to simplify the process and stay fully compliant.

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