39. Every person referred to in section 38 must, before taking up employment, provide the operator of an addiction resource with a declaration concerning any charge or conviction of an indictable or other offence in the person’s regard and for which, in the case of a conviction, a pardon has not been obtained.
The declaration must contain all the information necessary for verification and include written consent to the verification and to the disclosure of the results of the verification to the operator.
The operator must have the accuracy of the declarations verified before any person referred to in section 38 takes up employment. The operator must also, before the taking up of employment of a person for whom a verification has shown a charge or conviction of an indictable or other offence, give in writing the reasons for which the operator considers that there is no connection between the charge or conviction and the abilities and conduct required for the duties the person will carry on in the resource.
To the extent that it is necessary to ensure the conduct of the activities referred to in the programs, a person referred to in the first paragraph of section 38 may, provided that the person complies with the first paragraph of this section, take up employment as soon as the declaration and consent provided for in the second paragraph have been sent for verification.