Criminal Record Check Procedures
Who Must Provide a Criminal Record Check?
In order to provide appropriate consumer protection, the following applicants are required to obtain an original criminal record check from their local police service on their own and submit it along with their application to the Council:
- First-time licence applicants;
- Re-licence applicants (unlicensed for more than 90 days after licence expiry);
- Reinstatement licence applicants (those who have been unlicensed for more than 90 days within licence period);
- Director/officer or partner applicants who are not currently licenced or who have not been licensed or registered as a director/officer or partner under the Real Estate Services Act in the last 90 days; and
- Pre-screening applicants.
In addition to the individuals mentioned above, the Council may also require a criminal record check from any licence applicant when the Council deems it appropriate. It is important to note:
- Criminal record checks provided to the Council must be dated within 90 days of the date the Council receives the licence application.
- When completing your licence application, ensure you read the application instructions carefully, as you still have to disclose your criminal record and details on the application form.
- Only original documents will be accepted. The Council will not accept photocopies of criminal record checks.
- Criminal record checks must be from Canada unless otherwise requested or approved by the Council. Please note that applicants who have lived in a country other than Canada for a significant period of time within the five years immediately preceding their date of application may be required to provide the Council with a criminal record check from that country.
How to Obtain a Criminal Record Check
- You must have your criminal record check completed by the municipal police agency or RCMP detachment where you live, or by the Canadian Corps. of Commissionaires.
- Contact the police agency before attending its office to confirm hours of operation, fees for services and method of payment.
- You must bring the Open Letter to Police Agencies confirming you require this check to be completed for licensing purposes. Print and take this letter with you or your request may not be processed correctly.
- Should the criminal record check have a section that requires you to provide authorization to disclose your personal information, please ensure that this section contains the name of the “Real Estate Council of BC”.
- If you are requesting a criminal record check from the RCMP, in the Category of Information for Disclosure you must request Categories 1, 2, 3 and 4.
- If you reside in a province other than BC, follow the same procedure as noted above with your local municipal police agency or RCMP detachment in the community in which you live, or via the Canadian Corps. of Commissionaires.
What if I do have a criminal record to disclose? How do I obtain a Criminal Record Check to verify either outstanding charges or convictions?
- If the search indicates you may have a criminal record (conviction), the Council also requires an original Certified Criminal Record Check. (This is different than a criminal record check and must be obtained by fingerprints.) The process for obtaining this may vary between police agencies and detachments, so discuss the process with the detachment you are dealing with. You should check with your local police agency well in advance of submitting your licence application as this process may take some time. The Certified Criminal Record Check must be dated within 90 days of the Council receiving the licence application.
- If the search indicates that you may have a current charge against you, you must provide full details and court documentation as outlined on the licence application form, in addition to submitting the original criminal record check to the Council.
- If the search indicates a positive result, you must provide a written statement providing details of the offence or incident, including court documentation if any.