The Criminal Records Review Act requires all BCCNM registrants to undergo a criminal record check (CRC), completed by the Ministry of Public Safety and Solicitor General. Applicants undergo a CRC as part of the application process, and registrants are re-checked every five years. This requirement is intended to help protect children and vulnerable adults from physical and sexual abuse.
The Ministry of Public Safety and Solicitor General runs checks against provincial data and RCMP information. If criminal records are found, they are examined to determine relevancy to physical or sexual abuse.
BCCNM is informed when no relevant record is found.
If a possible relevant record exists, the Ministry may request the individual to provide fingerprints to the RCMP.
If the Ministry of Public Safety and Solicitor General determines that there is no risk to children and vulnerable adults, BCCNM is informed. As “good character” is a requirement for registration, further review by BCCNM may be required.
If the Ministry of Public Safety and Solicitor General determines that a risk exists, the individual, BCCNM and the employer are informed. BCCNM takes action in accordance with the Health Professions Act.
The individual may appeal the decision of the Ministry of Public Safety and Solicitor General.
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (FOIPPA): The information requested on this form is collected under the authority of the Criminal Records Review Act section 4(1) and section 26(c) of the Freedom of Information and Protection of Privacy Act (FOIPPA). The information provided will be used to fulfil the requirements of the Criminal Records Review Act for the release of criminal records information and is in compliance with the FOIPPA. If you have questions about the collection of your personal information, please contact the Policy Analyst, Criminal Records Review Program, PO Box 9217 Stn Prov Govt, Victoria, BC V8W 9J1 or by phone at 1-855-587-0185.
The cost of CRCs is included in your registration fees. In cases where a potentially relevant record is found, the Ministry of Public Safety and Solicitor General may require you to provide fingerprints to the RCMP. The additional cost of fingerprinting will be paid by the applicant/registrant.
If there are no relevant criminal records, BCCNM is informed within 1-2 weeks after the consent is submitted to the Ministry of Public Safety and Solicitor General. If there is a possible record and fingerprints are required, it may be six months or more before the outcome is known.
You will be required to undergo a criminal record check every five years to maintain registration with BCCNM.
The Ministry of Public Safety and Solicitor General will notify BCCNM of any subsequent relevant criminal offences you may have.
You are also required to report any subsequent charges or convictions to BCCNM (in signing the consent form you are agreeing to do so). In such instances, an additional criminal record check may be required.
You will be notified only if a possible relevant record is found. BCCNM does not provide a copy of the result of your criminal record check. As the result is returned electronically, there is no paper copy.
The Criminal Records Review Act lists relevant offences associated with risk to children and vulnerable adults. They are used as a basis for determining if a person presents a risk to children and vulnerable adults. Convictions related to provincial or minor criminal offences, not related to the protection of children and vulnerable adults, are not included.
If you have a record, but it is not relevant to the protection of children and vulnerable adults, the Ministry of Public Safety and Solicitor General does not release this information.
If you have a relevant record, BCCNM is informed that there is a relevant record, but no other information is provided.
If the Deputy Registrar, Criminal Records Review Program determines there is no risk to children and vulnerable adults, BCCNM is informed of the Deputy Registrar’s decision and may request a copy of the written reasons for the decision.
If the Deputy Registrar determines that a risk to children and vulnerable adults exists, BCCNM and the employer(s) are notified. BCCNM would take action using existing procedures. However, information would be protected, as it is now under the Freedom of Information and Protection of Privacy Act.
Yes. Under B.C. law, nurses and midwives charged with a criminal offence must promptly report it to the college.
This obligation comes, in part, from the Criminal Records Review Act, which helps protect children and vulnerable adults from physical, sexual or financial abuse. Under the Act, convictions include "conditional discharges," "alternative measures" and "peace bonds" ordered under sections 717 and 810 of the Criminal Code.
The college also has obligations under the Act. When the college learns of a new charge or conviction for a criminal offence listed in the Act, we (a) require you to authorize a new criminal record check, and (b) notify your employer (if applicable) that the college is requesting a criminal record check because you have disclosed an offence listed in the Act. We must also ensure all nursing and midwifery professionals consent to a criminal record check every five years.
BCCNM registrants are also required to disclose any outstanding or recently concluded charges every year when renewing registration. Failing to do so is considered to be misconduct under the Health Professions Act and will result in an investigation by the Professional Conduct Review department. In general, BCCNM recommends that BCCNM registrants contact us as soon as a criminal charge has been laid, before the information is disclosed to us by law enforcement or other third parties. We have an obligation to deal with such information in a transparent and fair manner while pursuing our public protection mandate.
Applicants to the college are required to disclose all outstanding charges and concluded criminal matters when applying for registration.
Yes. The CRC requirement applies to both practising and non-practising registrants.