The criminal background check, or verification that no impediment exists, is one of the obligations set out in the Educational Childcare Act that aims to guarantee children’s safety.
What is an impediment?
An impediment may arise from any of the following elements:
- Behaviour that could reasonably pose a threat for the physical or emotional safety of the children
- Being charged, but not convicted, of an indictable or criminal offence related to the abilities and conduct required to provide childcare
- Being convicted of an indictable or criminal offence related to the abilities and conduct required to provide childcare
Who is covered by the verification?
Every adult who works or is called to work in childcare, and every adult who lives in the residence where childcare is provided, regardless of whether or not the childcare is recognized or whether the individuals concerned are paid or not, must obtain the result of the verification carried out by the police force. The people concerned are as follows:
In a childcare centre or day care centre
- Applicants for and holders of childcare centre (CPE) or day care centre permits
- Directors
- Shareholders of childcare companies
- Permanent or casual employees
- Trainees
- People who regularly transport children on behalf of the childcare service
- Volunteers who are present at the childcare service on a regular basis
In a recognized home childcare
- The home childcare provider (HCP)
- Each person of full age living in the residence where the childcare is provided
- The person who assists the HCP
- The person who occasionally replaces the HCP
- The trainees or volunteers who are present on a regular basis in the residence where home childcare is provided
In a Home Childcare Coordinating Office
- The management staff
- The people responsible for recognition of HCPs
- The people who ensure oversight
- The people who provide pedagogical and technical support for the HCPs
- The home childcare provider
- Each person of full age living in the residence where childcare is provided
What is covered by the verification?
Police force verifications cover the following elements:
- Sexual misconduct
- Failure to provide necessities of life
- Criminal operation of a motor vehicle
- Violent behaviour
- Criminal negligence
- Fraud
- Theft
- Arson
- Drug or narcotic-related offences
If none of the above elements is identified during the verification, the police force issues an attestation establishing that no impediment exists.
When an element is identified during the verification, the police force issues an attestation of information that may establish an impediment. The content of the attestation of information is evaluated by the childcare centre or day care centre if it concerns a member of its staff (employee, trainee or volunteer), by the home childcare coordinating office if it concerns a recognized home childcare provider, by the home childcare provider (HCP) if it concerns an assistant, replacement, trainee or volunteer of the HCP, or by the Ministère if it concerns a shareholder or director of a childcare centre or day care centre, or if it concerns someone related to a non-recognized home childcare.
The purpose of the evaluation is to determine whether or not the element identified by the police force constitutes an impediment.
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