A vulnerable sector check is the most thorough type of criminal record check used in Canada, and it works differently from the more general checks discussed on our page about types of criminal record checks. This guide looks specifically at what makes a vulnerable sector check different, its legal basis in Ontario, and who commonly requires one. It is general information only and does not replace legal advice about a specific situation.
What a Vulnerable Sector Check Is
A vulnerable sector check, sometimes shortened to VSC, is generally the broadest and most thorough type of criminal record check available in Canada. It is generally reserved for positions or volunteer roles where a person will be working in a position of trust or authority over vulnerable people, such as children, older adults, or people with disabilities. Because of that broader scope, it is generally treated as its own distinct category rather than simply a more detailed version of a standard record check.
Legal Basis: Police Record Checks Reform Act, 2015
In Ontario, vulnerable sector checks are one of three types of check formally recognized under the Police Record Checks Reform Act, 2015, alongside the basic criminal record check and the criminal record and judicial matters check. That legislation generally standardized how these checks are conducted and, importantly, placed limits on what each type can disclose, while still permitting somewhat broader disclosure for vulnerable sector checks given the sensitivity of the roles involved. Our page on criminal record checks generally explains how this check fits alongside the other two levels.
How It Differs From a Standard Check
A standard criminal record check is generally limited to convictions and findings of guilt that have not been the subject of a record suspension. A vulnerable sector check goes further in two specific, narrow ways: it can, in exceptional circumstances, disclose certain non-conviction information, and it is the only type of check that can reveal a record-suspended (pardoned) sexual offence conviction, subject to strict conditions. These features exist specifically because of the heightened protective purpose of this type of check.
Exceptional Disclosure of Non-Conviction Information
Non-conviction information, such as a withdrawn or dismissed charge, is generally excluded from record checks in Ontario. For a vulnerable sector check specifically, however, the law generally permits this kind of information to be disclosed in narrow, defined circumstances, sometimes referred to as an "exceptional disclosure" assessment. This is generally meant to apply only in unusual cases where specific criteria are met, not as a routine matter, and organizations conducting these checks are generally required to apply this more permissive disclosure carefully and only where warranted.
Exceptional disclosure of non-conviction information on a vulnerable sector check is meant to be narrow and applied only in unusual circumstances, not as a routine feature of every check. If you believe this has happened to you and you are concerned it was not warranted, a lawyer can help assess your options.
Pardoned Sexual Offence Records
A vulnerable sector check is generally understood to be the only type of Canadian record check that can reveal a record suspension (pardon) granted for certain sexual offences, through a specific additional search process. This exists because of the particular protective purpose behind vulnerable sector screening, and it generally involves specific approval requirements at the federal level before that kind of pardoned-offence information can be disclosed. This is a narrow, specific mechanism rather than something that applies to pardoned offences generally; a record suspension for most other types of offences is not disclosed this way. See our page on record suspensions for more general background on how a record suspension normally works.
Who Commonly Requires a Vulnerable Sector Check
Vulnerable sector checks are commonly required for roles such as teaching, coaching, foster care, healthcare and long-term care work, and volunteer positions with organizations serving children or seniors. Many such organizations require this specific level of check as a matter of policy, or because it is required by a regulator, a licensing body, or funding conditions, rather than because a more general check would be legally insufficient on its own.
Because the roles that call for a vulnerable sector check involve a position of trust or authority over people who may have limited ability to protect themselves, organizations in these sectors generally treat this level of screening as a baseline requirement rather than an optional precaution. This applies whether the role is paid employment or unpaid volunteer work, since the underlying concern is the nature of the position, not how it is compensated.
If a Vulnerable Sector Check Raises Concerns
Because a vulnerable sector check can disclose more than a standard check, it is generally worth understanding, in advance, what information may be relevant to a specific situation, particularly where an older discharge, a non-conviction matter, or a pardoned offence could theoretically be involved. A lawyer can generally help assess what a specific vulnerable sector check might show and what options, if any, exist to address a concerning result.
It is also generally worth remembering that the two-stage disclosure process discussed on our page about criminal record checks applies here as well: the individual generally sees their own results before deciding whether to consent to disclosure to the requesting organization. That step can be a useful opportunity to raise questions about an unexpected result before it is shared any further.
Frequently Asked Questions
What makes a vulnerable sector check different from a regular check?
It is generally broader, and, in narrow circumstances, can disclose certain non-conviction information and pardoned sexual offence records that a standard check does not disclose.
Can a vulnerable sector check show a pardoned offence?
Generally only in the specific, narrow case of certain sexual offences, through a dedicated search process, and subject to strict conditions. It is not a general rule that pardons are visible on this type of check.
What is "exceptional disclosure"?
It generally refers to a narrow legal mechanism that allows certain non-conviction information to be disclosed on a vulnerable sector check in unusual circumstances, rather than as a routine practice.
Who requires a vulnerable sector check?
Roles and volunteer positions involving children, older adults, or other vulnerable people commonly require this check, such as teaching, coaching, and healthcare or care-facility work.
What law governs vulnerable sector checks in Ontario?
Ontario's Police Record Checks Reform Act, 2015 generally sets out this category of check alongside two other, less extensive levels.
Can I dispute what shows up on a vulnerable sector check?
There is generally a process to review results before they are shared with a requesting organization, and, in some cases, a reconsideration process. A lawyer can help with a specific concern.