Attestations

• The Executive Director or Designate is responsible for obtaining an attestation from the following individuals in accordance with the timelines indicated below.

• Attestation or offence declarations are NOT required for active duty first responders (i.e. police, fire and emergency medical/paramedic professionals AND any professionals governed by the Regulated Health Professions Act, 1991 or by the Social Work and Social Service Work Act, 1998.
• All attestations will be from the person’s employer or the person/entity who retained the person’s services (e.g. a child’s parent).
• Where the Ministry of Education template form is not used, every attestation will include the following confirmations:
  • the employer, person or entity has obtained and reviewed a VSC from that person;
  • the VSC was performed within the last 5 years; and
  • the VSC did not list any convictions for any offences under the Criminal Code of Canada which are listed in subparagraph 1 ii of subsection 9 (1) of the CCEYA.
• The Executive Director or Designate who received an attestation from an individual will review it and keep it on file at the child care centre in a secure location for three years after it was created.
• Where an individual needs to keep their original attestation, The Executive Director or Designate will review the attestation and create a true copy to keep on file at the child care centre.

Using Information Revealed in a VSC, OD and/or Attestation and Confidentiality

• 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):
    • Section 151 (sexual interference);
    • Section 163.1 (child pornography);
    • Section 215 (duty of persons to provide necessaries);
    • Section 229 (murder); and/or
    • Section 233 (infanticide);
• 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 under the YCJA will be kept in a secure and locked cabinet at the Kids Come First Head Office.

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