Background checks - Memorandums of understanding

Non-recognized persons providing childcare services in a family setting

Visit the Background checks – Services available for individuals page and select the Non-recognized home childcare providers section to find out all the information required for your application.

All other childcare services

All persons working in a childcare service must undergo an impediment check, regardless of whether they are salaried or non-salaried, directors, managers of a childcare service, assistants, replacements, volunteers, trainees, or hold a position transporting children.

OBTAINING A MEMORANDUM OF UNDERSTANDING

Before submitting an application for a police check, the representative of a childcare service must sign a memorandum of understanding with the SPVM (memorandum of understanding on the impediment check for individuals who may be required to work with vulnerable persons).

To do so, please send us the following duly completed and signed documents by email, mail or fax:

1. The “Demande de protocole Garderie, CPE, ou Bureau coordonnateur” [Daycare centre, CPE or coordinating office memorandum of understanding application] form provided by the Ministère de la Famille;
2. A copy of your Charter, letter patent or certificate from the Registrar for your business;
3. A copy of the letter from the Ministère de la Famille allocating your establishment number.

Our contact details for sending these documents are as follows:

Module Vérification d’antécédents

4949, rue Molson
Montréal (Québec) H1Y 3H6

Email: responsable.protocolesentente@spvm.qc.ca

OBTAINING AN APPLICATION FOR AN IMPEDIMENT CHECKS

On signature of the memorandum of understanding, the application forms for an impediment will be provided to you during a brief information session.

This verication covers

• The previous or current existence of conduct that could reasonably cause fear for the physical or emotional safety of the children to whom the candidate may provide childcare services;
• Any indictment or conviction for a criminal offence connected to the abilities required and conduct necessary to hold a position in a childcare service or running a childcare service;
• Any offence pursuant to appendix 2 of the Criminal Records Act, L.R.C (1985), c. C-47, in respect of which a record suspension has been ordered.

Disclosure of results

When police checks identify information establishing an impediment within the meaning of the law, the investigating officer at the SPVM informs the representative of the daycare centre, CPE or coordinating office that the impediment checks have been completed.

The result of the verification will never be directly disclosed to this representative. The candidate who whises to pursue his process would have to submit his document for analysis.

Fees

An impediment check for a volunteer, director or adult living in the residence where the services are provided is conducted for free.

A fee of $82 is charged for each impediment check for a salaried person. This rate will be indexed on January 1 of each year as set out in the By-law concerning fees of the urban agglomeration of Montréal.

No minor must undergo an impediment check.

Any false declaration relating to the status of the candidates may result in cancellation of the memorandum of understanding signed with the SPVM.

FOR MORE INFORMATION

Ministère de la Famille – Non-recognized persons providing childcare services in a family setting (gouv.qc.ca)

Under the Education Act and the Act respecting Private Education, before hiring persons who may be required to work with minor students or be regularly in contact with them, send a declaration relating to their judicial matters record.

The school may ask a police force to check this declaration.

Public schools do not need to carry out any formalities to obtain a memorandum of understanding, as agreements have already been entered into directly with School Service Centres and School Boards.

OBTAINING A MEMORANDUM OF UNDERSTANDING FOR A PRIVATE SCHOOL

A private school must sign a memorandum of understanding with the SPVM before requesting a declaration relating to the judicial matters record.

To this end, you should contact our module by email at the following address: responsable.protocolesentente@spvm.qc.ca to receive the documents to be completed and the procedure to follow to draw up a memorandum of understanding with the SPVM.

Our contact details for sending all information requests relating to drawing up a memorandum of understanding are as follows:

Module Vérification d’antécédents

4949, rue Molson
Montréal (Québec) H1Y 3H6

Email: responsable.protocolesentente@spvm.qc.ca

OBTAINING AN APPLICATION FOR A VERIFICATION OF JUDICIAL RECORDS

On signing the memorandum of understanding, you will be informed about the procedure to follow regarding the processing of the declaration relating to the judicial matters record.

This verification of judicial records covers

• A conviction for a criminal or penal offence* committed in Canada or abroad, except if a record suspension has been ordered for this offence;
• An indictment still pending for a criminal or penal offence committed in Canada or abroad;
• A existing court order against a person in Canada or abroad.

* Penal offence means any offence under provincial or federal law or a municipal by-law. A penal offence is not an offence under the Criminal Code.

Fees

A verification of judicial records for a volunteer or trainee is conducted for free.

A fee of $86.42 is charged for each check of declarations relating to the judicial matters record for a salaried person. This rate will be indexed on January 1 of each year as set out in the By-law concerning fees of the urban agglomeration of Montréal.

Any false declaration relating to the status of the candidates may result in cancellation of the memorandum of understanding signed with the SPVM.

FOR MORE INFORMATION

Ministère de l'Éducation – Verification of judicial records

Although there is currently no legal obligation in this respect, all non-profit organizations and businesses working with vulnerable persons should assess the need to conduct background checks for all their employees, whether salaried or non-salaried, who work or may be required to work with vulnerable persons. This check is strongly recommended to ensure their protection.

A “vulnerable person” means a person who, because of his or her age, a disability or other circumstances, whether temporary or permanent:

• is in a position of dependency on others; or
• is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them

This vulnerable sector check is the responsibility of the non-profit organization or business under their duty of care*.

OBTAINING A MEMORANDUM OF UNDERSTANDING

A non-profit organization or business must sign a memorandum of understanding with the SPVM before requesting a vulnerable sector check for persons working or who may be required to work with vulnerable persons.

To this end, you should contact our module by email at the following address: responsable.protocolesentente@spvm.qc.ca to receive the documents to be completed and the procedure to follow to draw up a memorandum of understanding with the SPVM.

Our contact details for sending all information requests relating to drawing up a memorandum of understanding are as follows:

Module vérification d’antécédents

4949, rue Molson
Montréal, Québec H1Y 3H6

Email: responsable.protocolesentente@spvm.qc.ca

WE OFFER A MEMORANDUM OF UNDERSTANDING WITH DISCLOSURE OF THE SEARCH RESULTS

Memorandum of understanding with disclosure of the search results

After obtaining the candidate’s written consent, we disclose the nature of their prior judicial matters record. You should analyze them and make sure that they are not incompatible with the position held or applied for by the candidate.

The vulnerable sector check covers

• Any conviction or charge for a crime that is incompatible with the position held or applied for;
• Any conviction for an offence pursuant to appendix 2 of the Criminal Records Act, L.R.C (1985), c. C-47, in respect of which a record suspension has been ordered.
• Any misconduct or information giving rise to fear that the candidate’s past or current conduct poses a risk to the bodily or mental safety of the vulnerable persons with whom they may be required to work.

Fees

A vulnerable sector check for a volunteer or trainee who may work for a non-profit organization or business is conducted for free.

A fee of $115 is charged for each background check for a salaried person. This rate will be indexed on January 1 of each year as set out in the By-law concerning fees of the urban agglomeration of Montréal.

Any false declaration relating to the status of the candidates may result in cancellation of the memorandum of understanding signed with the SPVM.

* Definition: Duty of care

Legal principle which identifies the obligations of individuals and organizations to take reasonable measure to care for and to protect their clients to an appropriate level or standard. If the clients are vulnerable, if they cannot protect, defend, or assert themselves, permanently or temporarily, because of age, disability, or circumstances, then that duty becomes more intense and the standard higher (Source: The Screening Handbook 2012 Edition, Public Safety Canada)