Ontario Regulation 298/25 amends Ontario Regulation 521/01 under the Education Act to clarify requirements governing the collection of personal information, specifically police record checks, for individuals who work in or have access to publicly funded schools. The amendments align with the Police Record Checks Reform Act, 2015, replace outdated terminology, and establish a more structured and consistent framework for safeguarding pupil safety across school boards and schools.

The regulation removes the previous definitions of “criminal background check” and “personal criminal history” and replaces related terminology with the standardized concept of a “police record check,” explicitly defined by reference to the Police Record Checks Reform Act, 2015. Corresponding amendments ensure that offence declarations and related provisions consistently use this updated terminology, reducing ambiguity and ensuring consistency with provincial policing and privacy legislation.

A central feature of the regulation is the revised section governing the collection of police record checks by school boards. Boards are now expressly required to collect a police record check for all employees, service providers at school sites, volunteers, and students participating in educational placements. The regulation distinguishes between two types of checks based on the individual’s role. Individuals who occupy, or will occupy, a position of trust or authority in relation to pupils must undergo a vulnerable sector check, while those who do not occupy such positions must undergo a criminal record and judicial matters check.

The regulation also introduces ongoing compliance measures. For individuals who remain engaged with a board in years when a police record check is not required, boards must collect an annual offence declaration by September 1. Additionally, if an individual is charged with or convicted of a Criminal Code offence, a new police record check must be collected as soon as reasonably possible. To ensure relevance and reliability, police record checks are only considered valid if completed within six months prior to the applicable deadline.

Recognizing operational realities, the regulation allows boards limited flexibility to permit individuals to commence or continue their roles before a police record check is obtained, provided that the individual applies promptly, delays are justified, and additional pupil-protection measures are implemented. The regulation also addresses situations where disclosure of vulnerable sector information is legally prohibited, permitting an alternative form of police record check to satisfy requirements.

Ontario (298/2025) December 23, 2025
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.