Principles & Policies for Managing Human Resources
2.3.5. Security Checks
POLICY
The Manitoba government requires satisfactory pre-appointment and/or periodic security checks for designated positions.
RATIONALE
The Manitoba government exercises care in balancing the rights of applicants to personal privacy and freedom from discrimination with the government's responsibility to protect the public, employees and assets through the provision of programs and services to Manitobans.
APPLICATION
This policy applies to all appointments and placements, including, but not limited to, regular, term, departmental, casual, acting status, secondment/interchange, student, contract, and volunteer/practicum placements.
The Deputy Minister (DM) or designate of a department, in conjunction with a Human Resource Director, identifies positions that require a security check. Any position that requires a security check is referred to as a designated position.
Designated positions must have “particularly sensitive functions”. Certain designated positions with higher risk functions may also be subject to an enhanced reliability check and/ or departmental security screening.
The following is a list of criteria to identify positions deemed to have particularly sensitive functions:
- Positions entrusted with the residential, institutional or community care of children and youth and/or adults living with mental health or developmental disabilities that are in need of assistance to meet their basic needs with regard to personal care or management of their property or access to departmental client files.
- Positions having contact with provincial assets or sensitive material. This may include positions located in the Legislature, Provincial Archives, Law Courts, and other identified locations in government.
- Senior executive positions (including, but not limited to Assistant Deputy Minister, Associate Deputy Minister, Deputy Minister, or equivalent).
- Law enforcement where duties involve enforcement, investigations, inspections, the control, care and custody of people and/or property, access to sensitive enforcement or investigations information, the administration of the justice system and the prosecution service.
A security check may also be appropriate for positions that handle cash, develop and maintain information systems, or have access to sensitive databases.
Human Resources (HR) maintains a list of designated positions.
As a minimum, designated positions require a Criminal Record Check (CRC).
Departments have the flexibility to determine the type of check(s) required based on operational requirements. See Definitions for a list of different types of security checks. Positions in Manitoba Justice are also subject to an internal security screening process.
A Child Abuse Registry Check (CARC) is completed for positions entrusted with the residential, institutional or community care of children and youth or access to departmental client files. An Adult Abuse Registry Check (AARC) is completed for positions entrusted with the care of adults living with mental disabilities that is in need of assistance to meet their basic needs with regard to personal care or management of their property or access to departmental client files.
As the CARC and AARC are limited to records within Manitoba, a Vulnerable Sector (VS) Check can be conducted in conjunction with a Criminal Record Check for candidates who live in another province or have recently returned to live in Manitoba. The VS Check is conducted by the Royal Canadian Mounted Police and verifies whether an individual has a criminal record, as well as any record suspensions (formerly pardons) for sexual offences and local police records for relevant information.
PRACTICES
Pre-appointment checks
Job advertisements must clearly identify that security checks are a condition of employment and specify the type(s) of check.
At the time of the interview, the selection board reminds candidates of the security check requirements. Potential successful candidates may be asked to supply the required security check information or provide written consent to allow the department to conduct the required check. Departments may accept security check documentation obtained previously, provided the timeframe is reasonable based on a risk assessment. The letter of offer must also advise a candidate that the appointment is conditional on obtaining a satisfactory security check.
Conditional offers of employment may be issued pending a satisfactory security check, provided the DM or designate has authorized the conditional offer.
The following mitigation options should be considered as part of the conditional offer:
- A statutory declaration completed by the candidate stating whether they have any past criminal charges or convictions
- Should they declare a past criminal charge or conviction, a risk assessment is conducted in relation to the duties and responsibilities of the position to determine whether the appointment would be made.
- A plan developed by the hiring department to minimize the candidate's exposure to sensitive aspects of the position
- A receipt be provided by the candidate to confirm that they have applied for the required security checks
The letter of offer must clearly state that the appointment is conditional on the security check result being satisfactory, and under whose authority the conditional offer is being made. A deadline must be given to receive the satisfactory check, and if it is not received by the prescribed date, the candidate's conditional employment status would be reviewed through consultation between the employing authority and HR to determine the appropriate course of action. In the case of an unsatisfactory check being received, the conditional employment would be terminated.
HR coordinates and reviews the security check information provided by the candidate and informs the hiring manager of the result.
Having a criminal record may not automatically disqualify a candidate from further consideration. An assessment of the nature of the record must be conducted by the department employing authority in consultation with HR.
With the consent of the candidate, security checks can be conducted concurrently with the HR staffing process.
Management of Records
The results of satisfactory checks will be held in the strictest confidence.
This will be done in a manner that protects candidates' privacy rights by minimizing the number of persons who handle the confidential information obtained. Accordingly, details of the security checks are not placed in the competition file, but confirmation that security checks were conducted should be noted on the selection board summary report.
Records must be stored in a secure manner on the employee's personnel file in Pay and Benefits and the security checks for applicants who are not hired must be returned to them.
Should the results of the security checks negatively affect the decision to appoint the individual, the candidate must be advised.
Criminal Record Checks, Child Abuse Registry Checks, Adult Abuse Registry Checks and Vulnerable Sector Checks may be shared with Manitoba Justice for the purposes of their Departmental Security Screening requirement. Manitoba Justice assumes the same responsibility for ensuring these checks are held in the strictest of confidence.
ROLES AND RESPONSIBILITIES
- Civil Service Commission
- Monitors application of the policy through the staffing audit process
- Ensures application of the policy in the staffing process
- Department Employing Authority (DM or designate)
- Designates positions that require a security check
- Determines the type and level of check required for each position
- Ensures application of the policy
DEFINITIONS
Adult Abuse Registry Check (AARC) – An investigation to determine if a candidate/employee is registered on the provincial Adult Abuse Registry
Child Abuse Registry Check (CARC) – An investigation to determine if a candidate/employee is registered on the provincial Child Abuse Registry
Criminal Record Check (CRC) – An investigation to determine the nature, extent and time of a candidates/employee's convictions or outstanding charges under federal or provincial laws
Departmental Security Screening – An enhanced security screening process specific to staff of Manitoba Justice.
Government of Canada (GoC) Reliability Status – The minimum standard of security screening for positions requiring unsupervised access to GoC protected information, assets, facilities or information technology systems
Government of Canada (GoC) Security Clearance – A progressive standard of security screening for individuals requiring “Clearance” to view Classified Federal information at a particular level. Manitoba Justice facilitates/coordinates the process for provincial employees requiring such access
Prior Contact Check (PCC) – A request to determine whether a person has a record with a child and family services agency or an agency outside Manitoba that performs substantially the same functions as a child and family services agency
Vulnerable Sector (VS) Check – A process that verifies whether an individual has a criminal record, as well as any record suspensions (formerly pardons) for sexual offences and local police records for information relevant to the VS check
AUTHORITY
- The Freedom of Information and Protection of Privacy Act
- The Personal Investigations Act
- The Civil Service Act 13(4)
- Civil Service Commission Board Minute #15-16/17-8
Owner: |
Civil Service Commission |
Additional information: |
Civil Service Commission |
Effective date : January 1, 2010
Revised date : November 14, 2016
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Manitoba Civil Service Commission
