Criminal Records Review Act details
The purposes of the Criminal Records Review Act (CRRA) are to help prevent:
· the physical and sexual abuse of children, and
· the physical, sexual and financial abuse of vulnerable adults
by requiring individuals to whom the CRRA applies to undergo Criminal Record Checks.
Education institutions in British Columbia are required by law to ensure that every student registered in a course with a practicum component that involves working with children or vulnerable adults undergoes a Criminal Record Check under the CRRA.
If a student registered in a course that requires a CRRA Criminal Record Check does not provide a consent form, the University is obligated to ensure the student does not work with children or vulnerable adults until the consent form has been received and the student is cleared by the Ministry of Public Safety and Solicitor General.
If the CRRA Criminal Record Check determines that an outstanding charge or a conviction indicates a registered student presents a risk to children or vulnerable adults, the education institution must ensure that the student does not work with children or vulnerable adults as a registered student.
The Act and Simon Fraser University
How does the act apply to SFU programs?
There are two tests that must be applied to determine if the Act applies to a course or program at SFU:
1. Does the course or program have a practicum component?
2. Is the successful completion of the practicum a requirement for registration as a member of a
governing body designated by regulation (e.g. health professions, teachers, social workers)?
OR (b) Is it reasonably expected that the practicum component involves working directly with
children or vulnerable adults?
OR (c) Is it reasonably expected that the practicum component involves unsupervised
access, or the potential for unsupervised access to children or vulnerable adults?
What is a 'practicum'?
A practicum component is a course that involves a student working in the capacity of a qualified person in a specific field of study. The purpose of this course is to give the student the opportunity to apply their studies in a practical setting. Examples may include but are not limited to:
(a) An internship.
(b) A practicum.
(c) Field practice.
For the purposes of the Act, practicum components DO NOT include the following:
(b) A Co-op program
*In the case of programs in which the student engages in paid work, such as Co-op, the primary relationship changes to one of employee and employer. As such, paid placements are covered by legislation that applies to employee-employer relationships.
How does the act apply to SFU programs?
As of January 1, 2012, the Act applies to any practicum component that is necessary in order to obtain a credential (degree, diploma, or certificate). Relevant practicum components include those components for which it is reasonably expected that:
- the practicum involves working directly with children or vulnerable adults, OR
- the practicum has the potential for unsupervised access to children or vulnerable adults.
If it is not clear as to whether a specific practicum component is covered under the Act, the final determination will be made by the Registrar & Executive Director Student Enrolment.
* SFU defines “working directly” as direct, unsupervised, physical access OR any mediated contact that involves direct, unsupervised interaction such as phone, email, video calls (e.g. Skype, FaceTime), Internet chat groups or forums.
What is a 'vulnerable adult'?
A vulnerable adult is any individual who is 19 years of age or older and who receives health services (other than acute care), from any of the following:
1. A Hospital which is defined as a nonprofit institution that operates primarily for the reception and treatment of persons:
- suffering from the acute phase of illness or disability;
- convalescing from or being rehabilitated after acute illness or injury;or
- requiring extended care at a higher level than that generally provided in a private hospital licensed under Part 2 of the Hospital Act, or a regional, provincial or international equivalent.
2. A Provincial Mental Health Facility which is designated by the Mental Health Act, or a regional, provincial or international equivalent;
3. A Psychiatric Unit which is defined as a public hospital or part of a public hospital designated by the Mental Health Act, or a regional, provincial or international equivalent, as a psychiatric unit;
4. A Society which is defined as a society incorporated or registered under the Society Act, or a regional, provincial or international equivalent, to establish or operate facilities or services designed for the mental welfare of residents;
5. A Mental Health Clinic or a Mental Health Service established by regulations under the Mental Health Act, or a regional, provincial or international equivalent;
6. Any of the following that is operated or funded by a Regional Health Authority (being Fraser Health Authority, Interior Health Authority, Northern Health Authority, Vancouver Coastal Health Authority; and Vancouver Island Health Authority):
- A Hospital (as defined above in 1);
- A Provincial Mental Health Facility (as defined above in 2);
- A Psychiatric Unit (as defined above in 3);
- A Society (as defined above in 4);
- A Mental Health Clinic or Mental Health Service; Any other facility or service related to medical or health care; or A Private Hospital which is defined as a house in which two or more patients, other than the spouse, parent or child of the owner or operator, are living at the same time, and includes a nursing home or convalescent home, but does not include a Hospital (as defined above in 1).
7. The following Community Care Facilities:
- a Hospital or portion of a Hospital (as defined above in 1);
- a home approved as a foster home under the Child, Family and Community Service Act;
- a correctional centre or youth custody centre;
- a Provincial Mental Health Facility (as defined above in 2);
- a Psychiatric Unit (as defined above in 3);
- an Observation Unit, which is defined as a Hospital (as defined above in 1), or any part of it designated by the minister as an observation unit; and
- a home providing day care for a sibling group only
*Please Note: A Community Care Facility is defined as a premises or part of premises in which a person provides care to three or more persons who are not related by blood or marriage to the person.
8. The holder of a license issued under the Community Care and Assisted Living Act;
9. A registrant under the Community Care and Assisted Living Act which is defined as the operator of a registered assisted living residence.
Criminal Records Review Act Offences
Relevant offences - Reviewed for those working with children and vulnerable adults
1 The following sections of the Criminal Code are designated as relevant offences:
section 151: (Sexual Interference);
section 152: (Invitation to Sexual Touching);
section 153: (Sexual Exploitation);
section 153.1: (Sexual Exploitation of Person with Disability);
section 155: (Incest);
section 159: (Anal Intercourse);
section 160: (Bestiality);
section 161: (Order of Prohibition);
section 163.1: (Child Pornography);
section 170: (Parent or Guardian Procuring Sexual Activity);
section 171: (Householder Permitting Sexual Activity);
section 172: (Corrupting Children);
section 172.1: (Luring a Child);
section 173 (1): (Indecent Acts);
section 173 (2): (Exposure);
section 177: (Trespassing at Night);
section 179: (Vagrancy);
section 212 (1): (Procuring a Person for the Purposes of Prostitution);
section 212 (2): (Living Off Avails of Child Prostitution);
section 212 (2.1): (Living off Avails of Child Prostitution, Aggravating
section 212 (4): (Attempting to Obtain the Sexual Services of a Child);
section 215: (Duties of Persons to Provide Necessities);
section 218: (Abandoning Child);
section 220: (Causing Death by Criminal Negligence);
section 221: (Causing Bodily Harm by Criminal Negligence);
section 229: (Murder);
section 235: (Punishment for Murder);
section 236: (Punishment for Manslaughter);
section 237: (Punishment for Infanticide);
section 238: (Killing Unborn Child in Act of Birth);
section 239: (Attempt to Commit Murder);
section 240: (Accessory after Fact to Murder);
section 242: (Neglect to Obtain Assistance in Child Birth);
section 243: (Concealing Body of Child);
section 244: (Causing Bodily Harm with Intent);
section 245: (Administering Noxious Thing);
section 246: (Overcoming Resistance to Commission of Offence);
section 264: (Criminal Harassment);
section 264.1: (Uttering Threats);
section 266: (Assault);
section 267: (Assault with a Weapon or Causing Bodily Harm);
section 268: (Aggravated Assault);
section 269: (Unlawfully Causing Bodily Harm);
section 271: (Sexual Assault);
section 272: (Sexual Assault with a Weapon, Threats to a Third
Party or Causing Bodily Harm);
section 273: (Aggravated Sexual Assault);
section 273.3: (Removal of Child from Canada);
section 279: (Kidnapping/Forcible Confinement);
section 279.1: (Hostage Taking);
section 280: (Abduction of Person under Sixteen);
section 281: (Abduction of Person under Fourteen);
section 282: (Abduction in Contravention of Custody Order);
section 283: (Abduction);
section 372: (False Messages/Indecent Telephone Calls/Harassing
section 446: (Cruelty to Animals);
section 810: (Where Injury or Damage Feared);
section 810.1: (Where Fear of Sexual Offence).
2 The following sections of the Controlled Drugs and Substances Act (Canada) are designated as relevant offences:
section 5: (Trafficking in Substances);
section 6: (Importing and Exporting);
section 7: (Production of Substance).
3 [Repealed B.C. Reg. 361/2007.]
Specified offences - Reviewed for those working with vulnerable adults
1 The following sections of the Criminal Code (Canada) are designated as specified offences:
section 162: (Voyeurism)
section 241: (Counseling Suicide)
section 334: (Theft)
section 336: (Criminal Breach of Trust)
section 342: (Theft, Forgery of Credit Card)
section 344: (Robbery) section 346: (Extortion)
section 348: (Breaking and Entering)
section 349: (Unlawfully in a Dwelling)
section 351: (Possession of Break-in Instrument)
section 355: (Possession of Stolen Goods)
sections 362, 363: (False Pretences)
section 367: (Forgery)
section 368: (Uttering Forged Documents)
section 372: (Harassing Calls)
section 380: (Fraud)
section 423: (Intimidation)
section 430: (Mischief Endangering Life)
section 433: (Arson — Disregard for Human Life