S-4.1.1 - Educational Childcare Act

Section 81.2.25 Disposition versions

2024-09-27

81.2.25. Any person referred to in section 81.2.1 having resided outside Canada for a continuous period of one year or more since the date of their eighteenth birthday and who is not referred to in subdivision 5 must, in addition to complying with the provisions of subdivisions 1 to 4 that apply to the person, make a sworn statement

(1)  containing the information concerning any behaviour the person exhibited abroad, any criminal offence the person was charged with or found guilty of abroad and any court order subsisting against the person abroad that could establish the existence of an impediment; and

(2)  addressing all the elements listed in the first sentence of the second paragraph of section 81.2.4.

The person must then send their statement and the consent required for its communication to the person referred to in section 81.2.2 who applied for the investigation establishing that no impediment exists in respect of the person making the statement, before the former makes such an application to a police force.

The process for the investigation establishing that no impediment exists is continued in accordance with subdivisions 1 to 4, except in the case where the statement referred to in the first paragraph contains information that could establish the existence of an impediment. In that case, the person who applied for the investigation establishing that no impediment exists must notify the police force. The police force carries out verifications in accordance with sections 81.2.4 and 81.2.5, but may not issue an attestation establishing that no impediment exists under the first paragraph of section 81.2.5. If the verifications carried out in the databases available to the police force do not reveal any information that could establish the existence of an impediment, the police force issues a research note to that effect.

The statement referred to in the first paragraph, if it contains information that could establish the existence of an impediment, must be sent to the third person responsible for assessing the content of an attestation of a potential impediment in accordance with section 81.2.8 and be taken into account by the third person as if it were such an attestation, and is added to the attestation, if applicable, for the purpose of establishing whether an impediment exists. The third person may ask the Comité d’examen des empêchements to examine the information contained in the statement and to give them its opinion as to whether an impediment exists.

2024, c. 6, s. 17.