Using Information Revealed in a VSC, OD and/or Attestation and Confidentiality
In accordance with the Child Care and Early Years Act, 2014 (CCEYA) and its regulations, all employees, students, volunteers, board members, contractors, and other individuals providing child care have an ongoing obligation to immediately disclose any criminal charge, conviction, court order, or other circumstance that may affect their eligibility to work with children.
Any individual convicted of a prescribed offence under the Child Care and Early Years Act, 2014 (CCEYA) shall immediately notify the Executive Director or Designate and shall not continue working in or providing child care, as required by legislation.
Where the Centre becomes aware of a criminal charge, conviction, or other information that may affect an individual’s suitability to work with children, the Centre shall review the information and take appropriate action in accordance with applicable legislation, Centre policies, and employment obligations. This may include the temporary removal of duties involving children while the matter is reviewed.
Where a Registered Early Childhood Educator (RECE) is charged with or convicted of an offence that requires reporting under the Early Childhood Educators Act, 2007, the Centre shall report the matter to the College of Early Childhood Educators, where required by law.
Effective July 1, 2026, in accordance with section 9 of the CCEYA and section 88.1 of Ontario Regulation 137/15, any individual who is convicted of a prescribed offence under the CCEYA or the Criminal Code (Canada) is prohibited from providing or operating a child care premises. This list is not exhaustive and includes other prescribed offences involving child sexual abuse, exploitation and related criminal conduct, as amended from time to time under applicable legislation.
No individual will be hired as an employee, accepted as a volunteer or student, or be allowed to otherwise interact with children at Kids Come First Child Care Services if their VSC, OD and/or attestation reveals any of the following findings:
Any conviction for an offence under the CCEYA;
Any conviction under the following sections of theCriminal Code (Canada) including but not limited to:
- Section 151-Sexual interference
- Section 152-Invitation to Sexual touching
- Section 153-Sexual exploitation of a Person with a Disability
- Section 160(1)(2)(3) bestiality
- Section 162 voyeurism
- Section 162.1 publication of intimate image without consent
- Section 163.1 (child pornography)
- Section 170-Parent or Guardian Procuring Sexual Activity
- Section 171-Householder Permitting Prohibited Sexual Activity
- Section 171.1 making sexually explicit materials available to a child
- Section 172-Corrupting Children
- Section 172.1-Luring a child
- Section 172.2-Agreement or Arrangement to commit a Sexual Offence against a child
- Section 173 (2)-Exposure of genitals to a Child
- Section 215 (duty of persons to provide necessaries);
- Section 229 (murder); and/or
- Section 233 (infanticide);
- Section 271 sexual assault
- Section 272 sexual assault with weapon, threats to a third party or bodily harm
- Section 273 aggravated sexual assault
- Section 281 abduction of person under 14
- Section 286.1(1) obtaining sexual services for consideration
- Section 286.1(2) obtaining sexual services for consideration from an individual under the age of 18
In addition, a person with other convictions under the Criminal Code (Canada) for offences that pose a high risk to the health, safety and well-being of children, families and other representatives of the child care centre will not be hired or kept as an employee, accepted or kept as a volunteer or student, or be allowed to otherwise interact with children at the child care centre. These include, but are not limited to:
- Physical or sexual abuse or assault;
- Manslaughter;
- Indictable criminal offences for child abuse;
- Convictions for any violent offence, whether or not it involved weapons;
- Offences which indicate a pattern of behavior which could create risk in terms of the role the individual is expected to play; and
- Current prohibitions or probation orders forbidding the individual to have contact with children under 16 years of age.
Any person with a work permit or work visa that indicates that the individual is not permitted to work with children will not be hired or kept as an employee, accepted or kept as a volunteer or student, or be allowed to otherwise interact with children at the child care centre.
Information about an individual’s criminal record and history will be treated confidentially and every effort will be made to protect the privacy of staff, students, volunteers and any other person mentioned in this policy except when information must be disclosed for the purpose of implementing the procedures in this policy and for legal reasons (e.g. to the Ministry of Education, College of Early Childhood Educators, law enforcement authorities or a Children’s Aid Society).
All original and true copies of CRCs, VSCs, ODs, attestations and statements of findings of guilt will be kept in a secure and locked cabinet at the Kids Come First Head Office.
Failure to comply with this policy, including the failure to provide required documentation or the failure to immediately disclose a criminal charge, conviction, court order, prescribed offence, or other circumstance affecting an individual’s eligibility to work with children, may result in disciplinary action, up to and including termination of employment, volunteer service, student placement, or board membership.
Any changes to an employee’s criminal record status or eligibility to work with children must be communicated to the Centre IMMEDIATELY. Failure to provide immediate and full disclosure may result in disciplinary action up to and including termination of employment.