180348 — RECONSIDERATION NOTICE AND PROCESS - EXCEPTIONAL DISCLOSURE OF NON-CONVICTION INFORMATION, O. Reg. 348/18

s. 1 — Notice

If an individual’s own non-conviction information is disclosed to that individual, the record must include or have attached to it information about the reconsideration process, including,

s. 1(a)

how the process works;

s. 1(b)

how and when to make a request for reconsideration; and

s. 1(c)

how and when to make written submissions.

s. 2 — Making a request for reconsideration and submissions

(1) A request for reconsideration must be made in writing no later than 45 days after receiving the record unless, through no fault of their own, the individual was unable to make the request within that time period.

s. 2(2)

A request for reconsideration may include written submissions in support of the request for reconsideration.

s. 2(3)

For greater certainty, a request for reconsideration may be made by electronic means that comply with the Electronic Commerce Act, 2000.

s. 3 — Reconsideration

In reconsidering its determination, the police record check provider must,

s. 3(a)

apply the criteria set out in subsection 10 (2) of the Act;

s. 3(b)

consider entries in respect of the individual;

s. 3(c)

consider any written submissions from the individual; and

s. 3(d)

if the police record check provider is a member of a police service designated by a chief of police for the purposes of the Act, consult with at least three other members of the police service, including with at least one member who is senior to the police record check provider. ;

s. 4 — Notification of decision

The police record check provider must notify the individual of the reconsideration decision in writing.

s. 5

Omitted (provides for coming into force of provisions of this Regulation).